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REGULAR MEETING JULY 9, 2012
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<br />2. The Common Council wishes to provide office space in the proposed
<br />location in order to offer the services of the South Bend Human rights Commission to the
<br />residents of the City.
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<br />3. The office proposed to be leased at 319 Niles Avenue, South Bend,
<br />Indiana, contains approximately 2,975 square feet of space on the first floor, which is
<br />sufficient to accommodate the activities for which the space is intended.
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<br />4. On May 14, 2012, a Petition signed by fifty taxpayers of the City of South
<br />Bend, Indiana, was filed with the Board of Public Works of the City of South Bend,
<br />Indiana, requesting that the Board lease the property at 319 Niles Avenue, South Bend,
<br />Indiana, by entering into a lease with 319 Niles, LLC for a term of five (5) years with an
<br />option to renew for one additional five year term with a monthly rental of Three
<br />Thousand Five Hundred Fifty-Five Dollars ($3,555.00) for the initial five year term.
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<br />5 On May 14, 2012, the Board of Public Works received a certificate signed
<br />by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition
<br />are taxpayers of property within the corporate limits of the City of South Bend.
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<br />6. On May 15, 2012, the Board of Public Works approved its Resolution No.
<br />27-2012, a copy of which is also attached hereto and incorporated herein, authorizing the
<br />Clerk of the Board of Public Works to public notice of a public hearing concerning the
<br />Board’s intent to enter into a lease under the terms set forth in Paragraph 4, above.
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<br />7. The proposed form of lease agreement for the premises was filed with the
<br />Board of Public Works and in accordance with Indiana Code § 36-1-10-13, was made
<br />available for public inspection at the Office of the Clerk of the Board of Public Works,
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<br />13 Floor, County-City Building, South Bend, Indiana.
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<br />8. On May 29, 2012 at 9:30 a.m., the Board of Public Works held the public
<br />hearing in accordance with the notice, and after closing the public hearing, the Board of
<br />Public Works determined that the lease is necessary and the rental is fair and reasonable
<br />and asked that its recommendation be forwarded to the Common Council for further
<br />action in accordance with Indiana Code §36-1-10-7.
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<br />9. Having considered the presentation and hearing on this Resolution, the
<br />Common Council of the City of South Bend hereby finds, pursuant to I.C. 36-1-10-7(2),
<br />that the lease of property at 319 Niles Avenue as office space is needed, as petitioned by
<br />the fifty taxpayers of the City of South Bend, whose signatures were certified by the St.
<br />Joseph County Auditor.
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<br />10. This Resolution shall be in full force and effect from and after its adoption
<br />by the Common Council and approval by the Mayor.
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<br /> s/Derek D. Dieter
<br /> Member of the Common Council
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<br />Councilmember Karen White, Chairperson, Community and Economic Development
<br />Committee, reported that this committee held a Public Hearing on this bill this afternoon
<br />and voted to send it to the full Council with a favorable recommendation.
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<br />Ms. Aladean DeRose, City Attorney, A.I., 14 Floor County-City Building, 227 W.
<br />Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
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<br />Ms. DeRose advised that this bill is a companion Bill No. 27-12 which the Council just
<br />passed. This is the Resolution that is required as a matter of law. It’s basically a finding
<br />on the Council’s part that a lease of this property is necessary for the South Bend Human
<br />Rights Commission. She stated that she thinks that Mr. Lonnie Douglas eloquently spoke
<br />earlier about the need for the Human Rights Commission’s new space. She stated that
<br />she will elaborate on that from a legal stand point. The Human Rights Commission
<br />investigates charges of discrimination and housing under law. She stated that there is a
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