09/22/2015 Board of Public Works Meeting

Home Browse Search

REGULAR MEETING SEPTEMBER 22, 2015 323 s/ David P. Roles sl Elizabeth A. Maradik s/ Brian J. Pawlowski s/ James A. Mueller ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 56-2015 — A RESOLUTION OF THE BOARD OF PUBLIC — WORKS FOR THE CITY OF SOUTH BEND, INDIANA REGARDING THE. PURCHASE OF REAL PROPERTY LOCATED AT 2401 W. WESTERN AVENUE, SOUTH BEND, INDIANA Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.56-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE PURCHASE OF REAL PROPERTY LOCATED AT 2401 W. WESTERN AVENUE, SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the `Board") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City") pursuant to I.C. 36.9.6-3; and WHEREAS, the City, acting by and through the Board, may purchase land or structures in accordance with the procedure stated in I.C. 36-1-10.5; and WHEREAS, subject to obtaining the approval of the South Bend Common Council pursuant to LC. 36-1-10.5-5(1), the Board intends to purchase the real property located at 2401 W. Western Avenue, South Bend, Indiana, and more particularly described in attached Exhibit A (the "Property"), for purposes of expanding and reconfiguring the intersection of Western Avenue and Olive Street; and WHEREAS, the Board has obtained two (2) appraisals, attached as Exhibit B, of the fair market value of the Property in accordance with I.C. 36-1-10.5-5(2) and (3), and the average of said appraisals is Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, the Board believes it is in the best interest of the City and its residents to purchase the Property from its current owner for purposes of the proposed road project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: I. The Board hereby recommends that the South Bend Common Council approve the purchase of the Property. 2. The Board hereby appoints Mr. Brock Zeeb, of the Department of Community Investment, and Mr. David Relos, of the Department of Community Investment and a member of the Board, as the Board's authorized representatives in pursuing the purchase of the Property and delegates to each of them all necessary authority to serve in the Board's place as purchasing agent under I.C. 36-1-10.5. — 3. The Board hereby approves and will execute simultaneously with this Resolution the form of purchase agreement attached hereto as Exhibit C, which constitutes an offer to purchase the Property subjectto and contingent upon the South Bend Common Council's approval of the purchase under I.C. 36-1-10.5-5(1). The Board instructs Mr. Zeeb and Mr. Relos to deliver a signed copy of the purchase agreement to the owner of the Property. 4. The Board acknowledges that its authority to consummate the purchase of the Property, including the authority hereby delegated to Mr. Zeeb and Mr. Relos, is expressly conditioned upon first obtaining the South Bend Common Council's approval of the purchase in