07/10/08 and 07/14/08 Board of Public Works Regular Minutes

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RE(IIJLAR MEETING s /Carl P. Littrell, Member s /Donald E. Inks, Member ATTEST: s %1_,iirnda M Martin, Merl{ JULY 14, 2008 1. ADOPT RESOLUTION NO. RESOLUTION NO. 49 -2008 — RESOLUTION AUTHORIZING WHEREAS, the City of South Bend, Indiana, Board of public Works (the "Board ") is authorized to acquire real property or personal property needed by the City of South Bend, Indiana (the "City ") for any public use under Indiana Code § 36- 9 -6 -4; and WHEREAS, evidence has been presented to the Board suggesting that the purchase or retnabilitation of various properties located in the commercial corridors of the City (the "Connnnercial Corridor program ") would stabilize the surrounding neighborhoods and reduce the number of vacant and abandoned buildings in the City; and WHEREAS, as part of the Commercial Corridor program, Near Northwest Neighborhood, Inc., (the "NNN ") acting on behalf of the City, purchased the properties located at 808, 812, 824, 828, 836 and 838 portage and 808 Cushing (83$ portage was purchased through tax sate, while the others were purchased from the previous owner) (the "properties "); and WHEREAS, the buildings or other structures that were located on the properties were der polished with the intention of making room for facture development; and WHEREAS, it has been determined that the City will no longer be able to provide funds to outside entities for holding costs related to the various properties being held and maintained by those entities; and WHEREAS, in August of 2007, the Mayor of the City sent a letter to the NNN stating that the City would take ownership of the properties and be responsible for the holding costs rehited to the properties, and WHEREAS, the NNN has agreed to transfer the properties to the City; and WHEREAS the Board desires to accept the properties from the NNN; and WHERAS, the Board. further desires to authorize the City Attorney or an Assistant City Attorney to approve and execute any and all documentation, necessary or advisable, in the opinion of legal counsel, to secure and accept the property. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board hereby finds that accepting transfer of the properties (described at Exhibit A) will serve a public purpose, will be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City and that acquiring the Properties for the