12/13/90 Board of Public Works Special Meeting Minutes

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SPECIAL MEETING DECEMBER 13, 1990 The Special meeting of the Board of Public Works was convened at 9:01 a.m. on Thursday, December 13, 1990, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Patricia E. DeClercq present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. Board member Ms. Katherine Humphreys was not in attendance. ADOPTION OF RESOLUTION NO. 35-1990 OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY Board Attorney Jenny Pitts Manier advised that the Resolution submitted to the Board today expresses the City's intent to enter into a Lease Purchase Agreement to acquire a municipal services facility and sets as the date of the Public Hearing December 26, 1990 at 3:00 p.m. She noted that between now and that time the proposed Lease Agreement is available for public inspection and that at the December 26, 1990 special meeting the Board will hear comments on the reasonableness of the Lease and execute the Lease at that time. Therefore, Mrs. DeClercq made a motion that the Resolution as submitted be adopted. Mr. Leszczynski seconded the motion which carried and the following Resolution No. 35-1990 was adopted: RESOLUTION NO. 35-1990 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA DECLARING ITS INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY WHEREAS, the Board of Public Works of the City of South Bend, Indiana ("Board") has received a Petition signed by fifty (50) owners of real property of the City of South Bend, requesting that the Board acquire a Municipal Services Facility by entering into a Lease/Purchase Agreement with Liberty National Leasing Company, of Louisville, Kentucky, ("Liberty National"), for a term of ten (10) years, with a cost of land acquisition and construction of said facility by said corporation not to exceed Two Million Dollars ($2,000,000.00); and WHEREAS, the Board has received a certificate signed by the St. Joseph County Auditor certifying that the verifier and the signatories of the Petition are tax payers of real property located within the corporate limits of the City of South Bend; and WHEREAS, pursuant to IC 36-1-10-7 (2), on December 10, 1990, the South Bend Common Council, after investigation, adopted Resolution No. 90-69, determining that the Lease/Purchase of a Municipal Services Facility was needed; and WHEREAS, Liberty National has filed its proposed Lease, together with plans, specifications, and estimates for the Municipal Services Facility to be leased, with the Board this day, pursuant to IC 36-1-10; and WHEREAS, the Board deems it adviseable and in the best interests of the citizens and the City of South Bend to acquire the Municipal Services Facility proposed to be leased under the Lease/Purchase Agreement with Liberty National, including, preliminarily and pursuant to the powers conferred upon the Board by I.C. 36-1-10, the sale to Liberty National of the City -owned property at 1045 W. Sample Street, South Bend, which property, together with improvements made thereupon would constitute the Municipal Services Facility leased to the City pursuant to said Lease/Purchase Agreement.