09/30/77 Board of Public Works Special Meeting Minutes

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SPECIAL MEETING SEPTEMBER 30, 1977 A special meeting of the Board of Public Works was convened at 3:40 p.m. on Friday, September 30, 1977 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy. City Attorneys Terry A. Crone and Edward Mikesell, Councilman Terry Miller and Brian Hedman, Executive Director of Century Center, were also present. Mr. Miller advised the Board that the Civic Center Board of Managers has a list of furnishings in the amount of $104,000 and they are recommending that the Board of Public Works lease such furnishings from Nat -Lea, Inc. A proposal from Nat -Lea, Inc. was submitted which would provide for the leasing of the furnishings at the rate of $2,261.21 per month, with the lease being for a period of sixty months, subject to the approval of the South Bend Common Council. The Board of Managers has available in their Revenue Sharing Budget $30,000 which will pay the lease agreement for the first thirteen months. After the thirteen -month period, an additional appropriation would be required for further lease payments. The lease would not extend beyond the thirteen months until such additional appropriation is approved by the Common Council. Mr. Miller said this is an official request from the Board of Managers and.they acted on this matter this morning. They are requesting the Board of Public Works to act on behalf of the Civic Center Board of Managers because the funds fall under the control of the City Controller. Mr. Miller stated that this lease provides for no payments beyond January 1, 1979 without Common Council approval. Mr. Brunner asked. Mr. Miller if this was a lease -purchase agreement. Mr..Miller said it was not. He said the Board of Managers has no money to purchase this equipment. It is strictly a lease agreement. Deputy City Attorney Terry A. Crone stated that the law requires that a purchase be bid and a lease -purchase agreement would be considered a purchase requiring bidding. If this is a lease - purchase agreement, as opposed to a lease, it would have to be bid and the agreement would be void if entered into as a lease. The law requiring bidding is strictly constructed with respect to what is to be bid. If this is a lease -purchase agreement, the Board cannot enter into it. Mr. Brunner asked Mr. Mikesell how the Board of Managers construes the document before this Board. Mr. Mikesell said they regard it as a lease, no mention being made in the document as to purchase or transfer of title. He said specific reference is made in Paragraph Five of the lease that no title or right in said equipment shall pass to the lessee. Mr. Mikesell said, with that language in the lease, it is his opinion that the document could not be construed as a lease -purchase agreement. The City will have no title and no right to title at the end of the five-year period. Mr. Mikesell said he has not been involved in any discussions with anybody concerning what will be done with this equipment at the termination of the lease. Mr. Crone said, based on Mr. Mikesell's assurance that the document is a lease, he would defer to Mr. Mikesell's opinion as to the nature of the instrument. Mr. Brunner asked Brian Hedman what his understanding of the document was. Mr. Hedman said this was a lease agreement. Mr. Brunner noted that a newspaper article appearing in the South Bend Tribune this afternoon characterized the agreement as a lease -purchase agreement and asked Mr. Hedman if that was incorrect. Mr. Hedman said it was incorrect. The list of equipment to be leased was then submitted to the Board and filed.