12-19-11 Special Meeting Minutes

Home Browse Search

SPECIAL MEETING DECEMBER 19, 2011 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 #3:11CV 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 717 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. 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. 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. SECTION III. This Resolution shall be effective from and after its passage by the Common Council. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 19th day of December, 2011. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits disclosed that he has on file with the Office of the City Clerk, St. Joseph County Clerk and the State of Indiana his disclosure statement. He stated that he is a graduate of St. Joseph High School and that a relative is an employee of the high school. Mr. Kirsits stated that he contributed to the building fund and left the contribution in escrow. Councilmember Kirsits stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember Dieter disclosed that he has his disclosure statement on file with the Office of the City Clerk, St. Joseph County Clerk and the State of Indiana. He stated that he is a graduate of St. Joseph High School. Councilmember Dieter stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. th Charles Leone, City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Leone advised that this bill would approve the sale of real estate located at 717 E. LaSalle Avenue. On November 14, 2011, the South Bend Board of Public Works 4