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Di 11 Nfl, 01 -Ro <br />ORDINANCE NO. <br />AN ORDINANCEOF THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, APPROVING THE DISPOSITION OF REAL <br />PROPERTY LOCATED AT 26595 AUTEN ROAD, SOUTH BEND, INDIANA 46628 <br />STATEMENT OF PURPOSE AND INTENT <br />Real estate which is under the control of the City Parks and Recreation Department may <br />be sold if the Parks and Recreation Board of Commissioners (Board) determines, pursuant to Ind. <br />Code 36- 10- 1 -9(c) (8), that the property is unnecessary for the operation of the City's Parks and <br />Recreation Department. <br />The Board held a public hearing on December 16, 2015 regarding the sale of property <br />located at 26595 Auten Road, South Bend, IN 46628, South Bend, Indiana, commonly known as <br />El Bel Golf Course (the "Property "), and determined that the Property should be sold. During <br />that meeting, the public remained silent during the discussion of the proposed sale of the <br />Property and during the opportunity for public feedback on the proposal. At the conclusion of the <br />public hearing, the Board passed Resolution No. 3 -2015, attached hereto, supporting the <br />proposed sale of the Property and seeking approval from the City's Executive consistent with the <br />requirements of IC 36- 1 -11 -3. <br />Furthermore, pursuant to IC 36- 1 -11 -4, the Board sought and received two appraisals for <br />the Property which value is greater than $50,000.00, and, therefore, Common Council approval <br />of the sale is also required under Ind. Code 36- 1- 11 -3(c) and by IC 36- 10 -4 -18. <br />The Common Council of the City of South Bend, Indiana, believes that the City no <br />longer has a need for the Property; that sale of the Property is in the best interests of the City of <br />South Bend and its residents; and that sale of the Property should be awarded to the best bidder <br />who is also willing to maintain the Property as a golf course for not less than five (5) years. <br />It is further determined that the Parks and Recreation Board of Commissioners of the City <br />of South Bend, Indiana is the appropriate entity to dispose of the Property pursuant to the terms <br />of Ind. Code 36- 1 -11 -4. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section I. Because it is not necessary for the operations of the City's Parks and <br />Recreation Department, the property located at 26595 Auten Road, South Bend, Indiana 46628, <br />South Bend, Indiana should be sold, and the South Bend Common Council hereby authorizes the <br />South Bend Parks and Recreation Board of Commissioners to take any and all lawful steps <br />necessary to dispose of the Property pursuant to and in accordance with the terms of Ind. Code <br />