09-26-11 Council Agenda & Packet

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS' SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11-4.2 STATEMENT OF PURPOSE AND INTENT On September 19, 2011, the South Bend Board of Public Works approved Resolution No. 62-2011, a copy of which is attached hereto and incorporated herein as Exhibit 1. This Resolution authorizes the sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana, to promote an economic development project or to facilitate compatible land use planning. The real estate to be sold located at 717 East LaSalle Avenue is owned by the City and was not acquired through eminent domain procedures. A legal description of the subject property is set forth in Section I of this Ordinance. Under I.C. 36-1-11-4.2, such real estate can be sold by the Board of Public Works for a price that is not less than the average of two appraisals of the property obtained by [lie Board of Public Works under the criteria set forth in Resolution No. 62-2011, with approval by the City's fiscal body under I.C. 36-1-11-3(c) (1). This ordinance approves such a sale. Acquisition of the subject real estate at 717 East LaSalle was approved by Appropriation Ordinance No. 10099-11 of this Council on June 27, 2011. Subsequently, the subject matter of Ordinance #10000-11 was litigated in the U.S. District Court, Northern District of Indiana, Case 113:11 CV 325RM resulting in a Memorandum and Order of Judge Robert L. Miller, Jr., dated September 7, 2011. The procedure for sale of 717 East LaSalle Avenue under the terms, conditions, and procedures authorized by I.C. 36-1-11-4.2 is intended to cure the federal constitutional defect identified by Judge Miller in his Memorandum and Order. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Board of Public Work's sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana is approved at a price of not Iess than the average of two appraisals per the provisions of I.C. 36-1-11-4.2 and pursuant to Board of Public Works Resolution No. 62-2011 dated September 19, 2011. The legal description of the property to be sold is: The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two Hundred Fourteen (214) and Two Hundred Fifteen (215) as shown on the recorded flat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend recorded in Plat Book 1, page 49, in the Office of the Recorder of St. Joseph County, Indiana.