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CC_Minutes_2002_1021
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7/17/2007 9:42:09 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
10/21/2002
Meeting Type
Regular
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<br />Regular City Council Minutes -10/21/02 <br />Page 12 <br /> <br />administered within the confines and intent of the bond <br />Issue. <br /> <br />Councilmember Maschka asked if any of the uses had <br />been changed since the initial bond issue request. <br /> <br />Dr. Cureton responded negatively; further stating that all <br />funds for the radio station had been segregated. <br /> <br />Councilmember Kough spoke in favor of the bond issue <br />and the college; both as a Councilmember and a neighbor <br />of the facility, stating it was the Council's duty to see that <br />these institutions are advancing as needed. <br /> <br />Finance Director Miller spoke regarding this particular <br />financing request differing from past issues, in that the <br />Cityis Bond Counsel was not prepared to provide an <br />unqualified opinion. Mr. Miller stated that, if the City <br />Council chose to move forward, it would need to do so <br />without the normal process and Bond Counsel opinion. <br />Mr. Miller stated that staff had requested, and received, <br />from Northwestern additional stipulations to ensure the <br />safety of the City should the Council elect to move <br />forward. <br /> <br />Ms. Jenny Grain, of the City's Bond Counsel firm, Briggs <br />& Morgan, spoke regarding their firm's rationale in not <br />providing an unqualified legal opinion for the bond issue, <br />following their review of the financing and whether it <br />could be determined whether the financing was a direct aid <br />to a religiously-affiliated institution. Ms. Grain referred to <br />a series of cases on record that apply to whether a <br />benefited institution was "pervasively sectarian." Ms. <br />Grain reiterated that the firm of Briggs & Morgan stood by <br />their legal opinion that the courts would probably find <br />Northwestern College to be pervasively sectarian; while <br />deferring to and respecting the different opinion shared by <br />the firm of Ice Miller, as represented by Mr. Jeffrey Lewis. <br /> <br />Councilmember Maschka asked Ms. Grain whether the <br />fact that the funds were being used for office and housing <br />
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