No. 3136 Regarding the disposition of certain personal property and matters related thereto

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RESOLUTION NO. 3136 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION REGARDING THE DISPOSITION OF CERTAIN PERSONAL PROPERTY AND MATTERS RELATED THERETO WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the City of South Bend, Indiana (the "City "), Redevelopment District and the City of South Bend, Indiana, Department of Redevelopment, exists and operates under the provisions of Indiana Code Section 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission did previously declare the South Bend Central Development Area (the "Area ") to be a redevelopment area within the meaning of the Act, approved a redevelopment plan for the Area (the 'Plan") and designated the Area as a tax increment finance ( "TIF ") allocation area all pursuant to the Act; and WHEREAS, Downtown South Bend, Inc. ( "DTSB ") is an Indiana non -profit corporation created to further community involvement in the Area; and WHEREAS, the Commission has acquired certain real property known as the LaSalle Hotel (the "LaSalle Hotel ") and as part of that acquisition, the Commission acquired the personal property located inside the LaSalle Hotel including certain furniture, more particularly described in Exhibit A (the 'Furniture "); and WHEREAS, DTSB has determined that the Furniture will aid it in its mission of supporting community involvement in the Area by supporting entertainment for residents and visitors of downtown South Bend and to the Area; and WHEREAS, the Commission desires to dispose of the Furniture to DTSB without compensation in order to make the Furniture available for use in furtherance of the Plan; and WHEREAS, pursuant to Indiana Code 5- 22- 22- 1(c)(4), the provisions of Indiana Code 5- 22-22 do not apply to the disposal of personal property by a redevelopment commission established under the Act; and WHEREAS, Indiana Code 36 -7 -14 -12.2 allows a redevelopment commission established under the Act to acquire by purchase any personal property needed for the redevelopment of areas needing redevelopment that are located within the corporate boundaries of the unit, and lease or otherwise dispose of such property on the terms and conditions that such redevelopment commission considers best for the unit and its inhabitants; and WHEREAS, because the Act lacks a specific process for the disposition of personal property, the Commission desires to dispose of the Furniture by way of the authorizations contained in this Resolution; and