05/07/73 Board of Public Works Minutes

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REGULAR MEETING MAY 7, 1973 Mr. Barcome said that money received from leases of city -owned property cannot be set up in such a fund, but under State Tax Board guidelines must go into the General Fund. It could be appropriated at some later date for such a project. Upon motion made, seconded and filed, the letter was ordered filed. SPORT FROM JAMES A. ROEMER ON LEASES OF CITY -OWNED PROPERTY The Board, at its last meeting, requested that Mr. James A. Roemer, City Attorney, research the matter of leases of city -owned land in the east mill race area and make a report. Mr. Roemer reported that, in the matter of the South Bend Screw Products Company, litigation was started i.n 1942 on the property known as the Washington Street extension. A Circuit Court Ruling held that the City had no interest in the land. In 1961, the City took the position that it did have an interest in the land and a lease was negotiated with South Bend - Screw Products Company, a division of the Kawneer Corporation. That lease had a rental payment of $1000 a year. There was one payment made on the lease. The Attorney for the Kawneer Corporation then went back to the legal argument that the City did not own the property. Mr. Roemer said he was advi.sed that, in a meeting held with Mr. Klute, Attorney for Kawneer Corporation, Mr. Robert J. DuComb, who was then City Attorney, and Lloyd M. Allen, who was the Mayor, a determination was made that the City of South Bend had no interest in the property. Based on that decision, the City issued a quit -claim deed in 1964 to South Bend Screw Products Company, signed by Mayor Allen, and delivered it to South Bend Screw Products Company. Consequently, the lease held by the City was not valid. Mr. Roemer said he would contact Mr. DuComb and attempt to get further information. In regard to the lease with Aays Rent -All Company, Mr. Roemer said that their lease with the City does not have a termination clause. This lease was executed in 1972. Mr. Roemer has had discussions with Mayor Miller and other cabinet members on -this matter and was authorized to take the position with the company that the City wants a termination clause in that lease. Mr. Roemer said he had talked with the Attorney for Aays Rent -All and has indicated the City's position to him. He has informed them that if they cannot reach agreement on this then the City will elect to proceed under condemnation rights and the law of eminent domain to cancel the lease. Mr. Roemer further stated that Aays-Rent-All has erected a fence on the property they lease. In the event the City does elect to cancel the lease, the Company will be asked to remove the fence. Aays Rent -all is paying a lease -rental fee of $890, based on an appraisal of the property, and the payments are being made monthly. In regard to a list of all city -owned property North of Jefferson, West of Hill and South of Madison from the river, Mr. Roemer said he had also discussed this with Mayor Miller and would like to have authorization to contact an abstract company to have a search made of all,the.property`in that area. It was the Board's recommendation that Mr. Roemer should contact an abstract company and have them research the records as to the true ownership of all this property. PAYMENT REQUEST - WASTEWATER TREATMENT PLANT ADDITIONS - DIVISION A The Board received a payment request from Clyde Williams and Associates in the amount of $3,794.33 for construction supervision of the Wastewater Treatment Plant Additions. Upon motion made, seconded and carried, the Board approved the payment request. REQUEST FOR RELEASE OF EXCAVATION BOND - ROBERT DERRICKSON The Board received a request from the Ohio Casualty Insurance Company for the release of an excavation bond for Robert Derrickson. Upon motion made, seconded and carried, the Board referred this matter to the Division of Engineering for investigation and report. REPORT ON REQUESTED RELEASE OF BOND - JOHN PASK, JR. The Board received a recommendation from Mr. Raymond Andrysiak, Division. of Engineering, that the bond of John Pask, Jr. could now be released. Upon motion made, seconded and carried, the Board approved the release of this bond. BOND CONTINUATION CERTIFICATES APPROVED The Board received a report from Mr. Raymond Andrysiak, Division of Engineering, that Continuation Certificates for Howell Construction Company until 8/13/73 and Edward F. Soletsz to 4/14/74 be approved. Upon motion; made, seconded and carried, the Bond Continuation Certificates were approved.