08-22-11 Council Agenda & Packet

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA AND TO RESCIND ORDINANCE 10079-11 STATEMENT OF PURPOSE AND INTENT On March 24, 2011 the South Bend Common Council passed Ordinance 10079-11, which provided for the transfer of 0.086 acres of the northwesterly portion of Fredrickson Park to the Indiana Department of Transportation in accordance with an Uniform. Property or Easement Acquisition Offer made by that department. Since then, the Indiana Department of Transportation has rescinded that offer and made a new offer to purchase 0.037 acres from the northwesterly portion of Fredrickson Park which is more particularly described in the attached Exhibit "A". On August 15, 2011, the South Bend Board of Park Commissioners recommended this offer be accepted. The Common Council, under I.C. 36-10-4-18, has the authority to authorize the sale of Park land. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. That a portion of the northwesterly part of Fredrickson Park, which portion is more particularly described in Exhibit "A" be transferred to the State of Indiana, pursuant to the Uniform Property or Easement Acquisition Offer in accordance with Indiana statutes. Section II. The proceeds of the sale of the land described in Exhibit "A" shall be credited to the Park Department and the proceeds expanded for the improvement of remaining park land or purchase of other land for Park purchases. Section III. Ordinance 10079-11 is hereby rescinded. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: t�iJ'17i kS 0',11Y t� M��J18 Pb 4 City Clerk �E ,1 �°�}, '.r � �