12-19-11 Council Agenda & Packet

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RESOLUTION NO. A RESOLUTION 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 WHEREAS, On November 14, 2011, the South Bend Board of Public Works approved Resolution No. 76-2011, a copy of which is attached hereto and incorporated herein as Exhibit 1, which Resolution authorizes the sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana, pursuant to Indiana Code Section 36-1-11-4; and WHEREAS, under I.C. 36-1-11-4, such real estate can be sold by the Board of Public Works following a public hearing and favorable recommendation of the Board of Public Works, as appointee of the City Executive; and WHEREAS, the subject matter of this Resolution was litigated in the U.S. District Court, Northern District of Indiana, Case #3:11 CV 325RM resulting in an Order of Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana Code Section 36-1-11-4 for disposition of the property located at 71.7 East LaSalle Avenue for a price of not less than $545,000.00, which procedure for sale of 717 East LaSalle Avenue under the terms, conditions, and procedures authorized by I.C. 36-1-11-4 will cure the federal constitutional defect identified by Judge Miller in his Memorandum. and Order dated September 7, 2011; and NOW, THEREFORE, BE IT RESOLVED 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 less than $545,000.00 and in accordance with the provisions of Indiana Code Section 36-1-11-4 and pursuant to Board of Public Works Resolution No. 76-2011 dated November 14, 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 Plat of Samuel L. CottreIl'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. SECTION II. In its sale of the subject real estate, the Board of Public Works shall comply fully with the terms and conditions of I.C. 36-1-11-4.