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11/07/11 Board of Public Works Minutes
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11/07/11 Board of Public Works Minutes
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Board of Public Works
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Minutes
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11/7/2011
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CLAIMS REVIEW MEETING NOVEMBER 14, 2011 368 <br /> A Claims Review Meeting of the Board of Public Works was convened at 8:35 a.m, on Monday, <br /> November 14, 2011, by Board Member Donald Inks with interim Board Member Thomas Price <br /> present. Board President Gary Gilot and Board Member Carl Littrell were absent. City Attorney <br /> Chuck Leone was also present. <br /> ADOPT RESOLUTION NO. 76-2011 — AUTHORIZING THE INITIATION OF A PROCESS <br /> PURSUANT TO I.C. 36-1-11-4 TO SELL CERTAIN REAL PROPERTY OWNED BY THE <br /> CITY AND LOCATED AT 717 E. LASALLE AVENUE SOUTH BEND INDIANA <br /> Mr. Chuck Leone, City Attorney, stated this is the third attempt by the City to dispose of this <br /> property. The first attempt was to sell the property directly to St. Joseph High School in <br /> exchange for services to the City. The second attempt provided that any bidder must propose <br /> compatible land use with the high school. Mr. Leone stated that this third attempt is a generic <br /> disposal of land regulated by Indiana law. The City is proposing to auction the property for 90% <br /> of the average of two appraisals without attached terms or conditions. Mr. Leone noted that he <br /> has been in contact with the Plaintiffs in the case and they believe this process is in compliance <br /> with Judge Miller's ruling in this case. He stated the minimum bid has been set at $545,000.00; <br /> $200,000.00 more than the average of the two appraisals. Mr. Inks questioned if this auction will <br /> take place on the site. Mr. Leone stated he believes it can be done here with a licensed <br /> auctioneer. He stated he would like to find someone to come in and do it for a flat fee, not the <br /> 10%normally charged. He added the auctioneer will do a certification that the City has met all of <br /> the requirements of the law. Mr. Leone stated a Notice of Public Hearing will need to be <br /> published like before, so the actual auction will not take place for a couple of weeks. Mr. Leone <br /> stated he will submit to the court a motion seeking approval that the Resolution meets the <br /> Court's requirements and that the Plaintiff doesn't object to this process. Mr. Leone stated he <br /> believes the Judge will approve of this process. Mr. Price asked if there will be any pre- <br /> qualification of bidders for financial responsibility. Mr. Leone stated there wouldn't be. He noted <br /> if the bidder can't perform, we go back and take the next bidder. He added the property is to be <br /> sold to not only the highest but also the best bidder. In this instance, the best bidder will simply <br /> be one that can perform the transaction. Mr. Inks asked Mr. Leone if any bidder can bid for any <br /> use of the property. Mr. Leone confirmed that is the case. Mr. Leone noted that there are two <br /> items on the Common Council's agenda regarding this property that he will be asking be <br /> withdrawn or continued. The first item is an Ordinance related to the last attempt to sell the <br /> property. The other item is a rezoning request that he will ask to be tabled until the property has <br /> been auctioned off. Mr. Inks questioned if there is a date set for the auction. Mr. Leone noted the <br /> date is subject to the dates of publication of the Notice and will need to coincide with the Board <br /> of Works meeting schedule. Upon a motion made by Mr. Price, seconded by Mr. Inks and <br /> carried,the following Resolution was adopted by the Board of Public Works: <br /> RESOLUTION NO. 76-2011 <br /> A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH <br /> BEND,INDIANA, AUTHORIZING THE INITIATION OF A PROCESS PURSUANT TO <br /> I.C. 36-1-11-4 TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND <br /> LOCATED AT 717 E. LaSALLE AVENUE, SOUTH BEND, INDIANA <br /> WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has <br /> custody of and may maintain and dispose of all real property owned by the City of South Bend, <br /> Indiana(the "City") pursuant to I.C. 36-9-6-3; and <br /> WHEREAS, the City of South Bend, Indiana ("City") is the owner of certain real estate <br /> located at 717 East LaSalle Avenue, South Bend, Saint Joseph County Indiana, which is more <br /> particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); <br /> and <br /> WHEREAS, the City has the power and authority, pursuant to the Indiana Home Rule <br /> Act, I.C. 36-1-3, to exercise all powers necessary or desirable in the conduct of its affairs, and <br /> further pursuant to I.C. 36-1-4-5 and I.C. 36-1-4-6 to acquire, use, improve, develop, maintain <br /> and dispose of interests in property; and <br /> WHEREAS, I.C. 36-1-11-4 provides for sale or transfer of real property by the City after <br /> the property has been appraised by two (2) appraisers; and <br />
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