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REGULARMEETING AUGUST 11, 2015 263 <br />ADOPT RESOLUTION NO. 43 -2015 – A RESOLUTION OF THE SOUTH BEND BOARD <br />OF PUBLIC WORKS ON AUTHORIZING THE TRANSFER OF REAL PROPERTY AT 736 <br />AND 812 HARRISON AVE <br />Upon a motion made by Mr. Pawlowski, seconded by Mr. Relos and carried, the .following <br />Resolution was adopted by the Board of Public Works: <br />RESOLUTION NO. 43 -2015 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />OF TIIE CITY OF SOUTH BEND, INDIANA -- <br />AUTHORIZING TRANSFER OF REAL PROPERTY <br />TO THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. <br />WHEREAS, the City of South Bend, In, Board of Public Works (the `Board's has <br />custody of and may maintain and dispose of certain real property owned by the City of South <br />Bend, Indiana (the "City ") pursuant to I.C. 36- 9 -6 -3; and <br />WHEREAS, the City is the owner of certain parcels of real property particularly <br />described in Exhibit "A" and Exhibit "B" (collectively "Land "); <br />WHEREAS, pursuant to the Articles and Bylaws of the Urban Enterprise Association of <br />South Bend, Inc. ( "UEA'), the UEA shall be organized and operated exclusively to benefit, <br />perform, and carry out the charitable, scientific, and educational purposes of the City of South <br />Bend, Indiana, and in furtherance thereof to conduct such programs and activities in and around <br />the City, especially within the Enterprise Zone, as will (a) relieve the poor and distressed or the <br />underprivileged, (b) advance education or science, (c) erect or maintain public buildings, <br />monuments, or works, (d) lessen the burdens of government, (e) lessen neighborhood tensions, <br />(f) eliminate prejudice and discrimination, or (g) combat community deterioration; and <br />WHEREAS,UEA desires to take ownership of the Land in furtherance of its partnership <br />and support of the City in its efforts with regards to V & A Housing Initiative, specifically, the <br />Blight Elimination Program; and — <br />WHEREAS, the City has determined that it no longer requires the use of said Land; and <br />WHEREAS, the City, pursuant to I.C. 36- 1- 11- 1(b)(7) has the authority to sell or lease <br />property to an Indiana nonprofit corporation organized for educational, literary, scientific, <br />religious, or charitable purposes that is exempt from federal income taxation under Section 501 <br />of the Internal Revenue Code or the sale or reletting of that property by the nonprofit <br />corporation; and <br />WHEREAS, the Board wishes to transfer the Land to the UEA; and <br />WHEREAS, the UEA wishes to accept the transfer of the Land from the City. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />3. The Board, acting upon the authority granted to it under I.C. 36- 1- 11- I(b)(7), hereby <br />transfers the Land to the UEA for no consideration. <br />4. This Resolution shall be in full force and effect upon its adoption by the Board. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana <br />held on August 11, 2015, at 1308 County -City Building, 227 West Jefferson Boulevard, South <br />Bend, Indiana 46601. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s/ Gary A. Gilot <br />S/ David P. Relos <br />S/ Brian J. Pawlowski <br />s/ James A. Mueller <br />