05/20/74 Board of Public Works Minutes

Home Browse Search

9T REGULAR MEETING MAY 20, 1974 ATTACHMENT TO RESOLUTION NO...9.,.1974 CITY OWNED PROPERTY STREET ADDRESS DEED NO. 702 South Clinton Street 649-A & B 1809 Florence Avenue 709 602 West LaSalle Avenue 660 701 South Marietta Street 542 612 East Ohio Street 507 1611 South William Street 621 REPORT FROM LEGAL DEPARTMENT RE: 917 NORTH HILL The Board had requested a report from the Legal Department regarding Q the sale of a city -owned lot at 917 N. Hill Street to Charles Howell. cc Mr. Howell had informed the Board that he was mistaken in what he thought he was purchasing and asked the Board to review the matter. The following report was received from the Legal Department: May 20, 1974 To: Board of Public Works From: James A. Roemer Subject: 917 N. Hill The sale of the above property has been reviewed and found to be a binding and final transaction that should not be altered or modified in any way. This conclusion is supported by the facts and applicable law. The notice of bids and other information issued by the City was accurate and in no way tended to misrepresent the facts to a prospective offeror. In short, the bidder was supplied with all reasonable date to know what he was purchasing and thus he.must be charged by law with making a knowing and intelligent offer to the City. When the negligence of the offeror results in a unilateral mistake which fails to give notice to the offeree equity will generally refuse relief. This principal is further supported and required when it is placed in the context of the public contract and the bidding process used to protect and insure the public interest. If, after acceptance of a bid, rescission or modification of the contract was allowed because of negligent error by the offeror, the entire competitive bidding process would be reduced by a common denominator of mistake or excuse and the desired finality of a sale would be seriously jeopardized. The Board of Public Works should not allow this to happen. s/ James A. Roemer City Attorney Mr. Roemer said that basically Mr. Howell had bid on the property as it was advertised and appraised, and he was awarded the sale of the property. He said it was his opinion that the Board could take no further action on the matter. Upon motion made, seconded and carried, the recommendation was accepted and Mr. Howell is to be notified that any further questions can be directed to the City Attorney's office. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of May 7 to May 10 was received and, upon motion made, seconded and carried, was ordered filed.