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RESOLUTION NO.
<br />A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA
<br />APPROVING THE TRANSFER OF CERTAIN REAL ESTATE
<br />BY THE SOUTH BEND BOARD OF PARK COMMISSIONERS
<br />TO THE SOUTH BEND REDEVELOPMENT AUTHORITY
<br />WHEREAS, on February 26, 1990, the South Bend Board of Park
<br />Commissioners, after a public hearing pursuant to I.C. 36- 1 -11 -3,
<br />adopted a Resolution indicating its intention to transfer certain
<br />real estate under its ownership and /or control, which real estate is
<br />within the South Bend Redevelopment Commission's South Bend Central
<br />Development Area, and is more completely described in said
<br />Resolution, which is attached hereto and made a part hereof, to the
<br />South Bend Redevelopment Authority for public improvement; and,
<br />WHEREAS, the property to be transferred includes the seawall and
<br />walkway within Howard Park, the entire area comprising Viewing Park,
<br />the west river bank walkway near Century Center, all of which are
<br />owned by the South Bend Board of Park Commissioners, and the Morris
<br />Civic Auditorium Park, which is owned by the City of South Bend and
<br />is operated and controlled by the Board of Park Commissioners with
<br />the consent of the Board of Public Works; and,
<br />WHEREAS, it is not necessary for the Board of Park Commissioners
<br />to hold title to said properties in order to continue to operate them
<br />for Park purposes after the transfer of title to the Redevelopment
<br />Authority; and,
<br />WHEREAS, all real estate to be transferred is in need of public
<br />improvement; and,
<br />WHEREAS, pursuant to I.C. 36 -7 -14 -25.2 and I.C. 36 -7- 14.5 -14, the
<br />South Bend Redevelopment Commission has entered into a lease
<br />agreement with the South Bend Redevelopment Authority for the
<br />financing and construction of public improvements within the South
<br />Bend Central Development Area, including the improvements to Howard
<br />Park sea wall and walkway, Viewing Park, the west river bank walkway
<br />near Century Center and the Morris Civic Auditorium Park; and,
<br />WHEREAS, the South Bend Redevelopment Authority is authorized by
<br />I.C. 36 -7- 14.5 -19 to issue bonds in order to finance public
<br />improvements in the South Bend Central Development Area as set forth
<br />in I.C. 36 -7- 14.5 -11, and the Authority intends to issue such bonds
<br />for public improvement in that area; and,
<br />WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend
<br />Redevelopment Authority hold title to the real estate and public
<br />improvements to be made thereon with bond proceeds; and,
<br />WHEREAS, pursuant to I.C. 36- 1 -11 -3, the transfer of said
<br />property by the Board of Park Commissioners is subject to the
<br />approval of the Mayor and the Common Council; and,
<br />WHEREAS, on February 27, 1990, the Mayor approved the Park Board
<br />Resolution indicating its intention to transfer said property.
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
<br />South Bend, Indiana, as follows:
<br />The transfer of the parcels of land comprising Howard Park
<br />walkway and seawall, Viewing Park, the west river bank walkway near
<br />Century Center, and the Morris Civic Auditorium Park, which parcels
<br />are located within the South Bend Central Development Area, and are
<br />more completely described in the Resolution of the South Bend Board
<br />of Park Commissioners Indicating its Intention to Transfer Certain
<br />Real Estate to the South Bend Redevelopment Authority, and which was
<br />adopted on February 26, 1990, and which is attached hereto and made a
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