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27
<br />REGULAR MEETING
<br />WHEREAS, on February 26, 1990, the South Bend Board of Public Works, after a
<br />public hearing pursuant to I.C. 36- 1 -11 -3, adopted Resolution No. 4 -1990 indicating
<br />its intention to transfer certain public right -of -way and public property located
<br />within the South Bend Redevelopment Commission's South Bend Central Development
<br />Area, and more completely described in said Resolution, which is attached hereto
<br />and made a part hereof, to the South Bend Redevelopment Authority for public
<br />improvement; and,
<br />WHEREAS, all public right -of -way and public property addressed in the Board of
<br />Public Works Resolution are in need of public improvement; and,
<br />- WHEREAS, pursuant to I.C. 36 -7 -14 -25.2
<br />Redevelopment Commission has entered into
<br />Redevelopment Authority for the financing
<br />within the South Bend Central Development
<br />described in said Resolution; and,
<br />and I.C. 36 -7- 14.5 -14, the South Bend
<br />a lease agreement with the South Bend
<br />and construction of public improvements
<br />Area, including those properties
<br />WHEREAS, the South Bend Redevelopment Authority is authorized by I.C.
<br />36 -7- 14.5 -19 to issue bonds in order to finance public improvements in the South
<br />Bend Central Development Area as set forth in I.C. 36 -7- 14.5 -11, and the Authority
<br />intends to issue such bonds for public improvement in that area; and,
<br />WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend Redevelopment Authority
<br />hold title to the real estate and public improvements to be made thereon with bond
<br />proceeds; and,
<br />WHEREAS, pursuant to I.C. 36- 1 -11 -3, the transfer of said property by the Board
<br />of Public Works is subject to the approval of the Mayor and the Common Council;
<br />and,
<br />WHEREAS, on February 27, 1990, the Mayor approved the Board of Public Works
<br />Resolution indicating its intention to transfer said property.
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City South Bend,
<br />Indiana, as follows:
<br />SECTION I. The transfer of portions of public right -of -way and public property
<br />located in the South Bend Central Development Area and described in South Bend
<br />Board of Public Works Resolution No. 4 -1990, which is attached hereto and made a
<br />part hereof, to the South Bend Redevelopment Authority pursuant to I.C. 36- 1 -11 -3
<br />and I.C. 36- 1 -11 -8 for public improvement consistent with the purposes set forth in
<br />I.C. 36 -7 -14.5 is hereby approved.
<br />SECTION II. This Resolution shall be in full force and effect from and after
<br />its passage by the Common Council and approval by the Mayor.
<br />s /Thomas Zakrzewski
<br />Member of the Common Council
<br />A public hearing was held on the resolution at this time. Larry Koepfle, Economic
<br />Development made the presentation on the bill. He indicated that the bill would
<br />allow for the transfer of certain portions of real estate owned or controlled by
<br />the Park Board to the South Bend Redevelopment Authority. He stated that the
<br />purpose of the transfers is to fulfill the requirements for issuance of the 1990
<br />Tax Incremental Finance Bonds by the Redevelopment Authority. The TIF bonds will
<br />finance major renovations and improvements with the South Bend Central Development
<br />Area during 1990. Council Member Voorde made a motion to amend this bill, seconded
<br />by Council Member Luecke. The motion carried. Richard Nussbaum, City Attorney
<br />stated that the duties of the property owner is to maintain the sidewalk. He
<br />stated that on unsafe sites appropriate steps need to be taken to fix them or get
<br />the owner to fix them, because the City is then open to liability. Council Member
<br />Voorde made a motion to adopt this resolution, seconded by Council Member
<br />Niezgodski. The resolution was adopted by a roll call vote of nine ayes.
<br />BILLS, FIRST READING
<br />16 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1035 N.
<br />ELMER, IN THE CITY OF SOUTH BEND, INDIANA.
<br />Council Member Coleman made a motion to strike this bill from the agenda, seconded
<br />by Council Member Duda. The motion carried.
<br />17 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING
<br />CHAPTER 21, ARTICLE 6, DIVISION 2, SECTION 2 -112 COMMONLY KNOWN AS
<br />"EXCEPTIONS IN ALL DISTRICTS."
<br />This bill had first reading. Council Member Coleman made a motion to refer this
<br />bill to Area Plan, seconded by Council Member Duda. The motion carried.
<br />18 -90 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MUNICIPAL CODE OF
<br />THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 13 -57.1 OF ARTICLE
<br />4, CHAPTER 13, TO BE ENTITLED: USE OF POLICE OFFICERS AT LARGE PARTIES OR
<br />GATHERINGS REQUIRED A SECOND RESPONSE.
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