12/27/71 Board of Public Works Minutes

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12/27/71 specifically earmarked and designated for use by the City of South Bend as an application, in part, to the construction of an 'art center,' to be located in an area heretofore designed by Woollen Associates, Indianapolis, Indiana, such area and the location of - such art center being heretofore presented to and reviewed by all members of the Common Council of the City of South Bend. "These funds are not to be commingled with any other funds of the City of South Bend, but held separately and shall not be used for any deficit spending or any other form of diversion. "Therefore, the release of these funds unto the City of South Bend is made with the definite understanding and assurance, all of which we are to be given in writing in a form satisfactory to us, in that the intent of the use of these funds shall be imple- mented in accord with the suggestions and desires of the Muessel- Ellison families, and moreover, any structure for which these funds are used and subsequently built shall -carry an appropriate recognition prominently displayed of this gift in memory of these families. "It is hoped that the City will cooperate and correlate its en- deavors along with the members of the Michiana Arts and Sciences Council. You will proceed immediately to take the proper steps to have the Common Council adopt a special ordinance in which all of these matters will be included. "For any reason whatever, after all of the above procedures have been concluded and should any unforeseen occurrences prevail under which the art center not be completed, then, in such event, the City of South Bend, through its appropriate officials, shall obtain the consent of The National Bank and Trust Company of South Bend, as trustee of the Foundation, for the use of the said funds for any other purpose. Of course we understand that in no event, in making this transfer to the City of South Bend, shall any of the funds, or any part thereof, revert to the trustee. Very truly yours, s/ R. W. Goheen, RWG:bI Chairman of the Board." cc: Mr. Shepard Crumpacker. Mr. Crumpacker moved for the adoption of an agreement for the establishment of a civic center development donation fund by the City of South Bend; The motion wasisecogded.and unanimously carried; and the following agreement was approved and signed by the Board, and referred to the Legal Department for the preparation of an ordinance for the consideration of the Common Council. "AGREEMENT FOR ESTABLISHMENT OF A CIVIC CENTER DEVELOPMENT DONATION FUND BY THE CITY OF SOUTH BEND. "THIS AGREEMENT, entered into the 27th day of December, 1971, by and between the Civil City of South Bend, Indiana, here- inafter referred to as "City," and the National Bank and Trust Company of South Bend, as Trustee of the Muessel-Ellison Memorial Trust Foundation, hereinafter referred to as "Trustee," WITNESSETH, That "WHEREAS, the settlers of the Muessel-Ellison Memorial Trust Foundation stipulated that the proceeds thereof were to be used for a purpose which would exclusively benefit the County of St. Joseph and especially the City of South Bend, for public purposes only, and for charitable, scientific, literary and 1 1