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Home My WebLink About12/13/90 Board of Public Works Special Meeting MinutesSPECIAL MEETING DECEMBER 13, 1990 The Special meeting of the Board of Public Works was convened at 9:01 a.m. on Thursday, December 13, 1990, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Patricia E. DeClercq present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. Board member Ms. Katherine Humphreys was not in attendance. ADOPTION OF RESOLUTION NO. 35-1990 OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY Board Attorney Jenny Pitts Manier advised that the Resolution submitted to the Board today expresses the City's intent to enter into a Lease Purchase Agreement to acquire a municipal services facility and sets as the date of the Public Hearing December 26, 1990 at 3:00 p.m. She noted that between now and that time the proposed Lease Agreement is available for public inspection and that at the December 26, 1990 special meeting the Board will hear comments on the reasonableness of the Lease and execute the Lease at that time. Therefore, Mrs. DeClercq made a motion that the Resolution as submitted be adopted. Mr. Leszczynski seconded the motion which carried and the following Resolution No. 35-1990 was adopted: RESOLUTION NO. 35-1990 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA DECLARING ITS INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY WHEREAS, the Board of Public Works of the City of South Bend, Indiana ("Board") has received a Petition signed by fifty (50) owners of real property of the City of South Bend, requesting that the Board acquire a Municipal Services Facility by entering into a Lease/Purchase Agreement with Liberty National Leasing Company, of Louisville, Kentucky, ("Liberty National"), for a term of ten (10) years, with a cost of land acquisition and construction of said facility by said corporation not to exceed Two Million Dollars ($2,000,000.00); and WHEREAS, the Board has received a certificate signed by the St. Joseph County Auditor certifying that the verifier and the signatories of the Petition are tax payers of real property located within the corporate limits of the City of South Bend; and WHEREAS, pursuant to IC 36-1-10-7 (2), on December 10, 1990, the South Bend Common Council, after investigation, adopted Resolution No. 90-69, determining that the Lease/Purchase of a Municipal Services Facility was needed; and WHEREAS, Liberty National has filed its proposed Lease, together with plans, specifications, and estimates for the Municipal Services Facility to be leased, with the Board this day, pursuant to IC 36-1-10; and WHEREAS, the Board deems it adviseable and in the best interests of the citizens and the City of South Bend to acquire the Municipal Services Facility proposed to be leased under the Lease/Purchase Agreement with Liberty National, including, preliminarily and pursuant to the powers conferred upon the Board by I.C. 36-1-10, the sale to Liberty National of the City -owned property at 1045 W. Sample Street, South Bend, which property, together with improvements made thereupon would constitute the Municipal Services Facility leased to the City pursuant to said Lease/Purchase Agreement. Rw SPECIAL MEETING DECEMBER 13, 1990 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Board hereby determines that it is advisable and necessary to sell certain City -owned property and to have made certain improvements and works of construction upon said property and lease back said property and improvements made thereupon pursuant to the powers conferred upon the Board by IC 36-1-10, for purposes above acquiring a new Municipal Services Facility to be owned and operated by the City of South Bend. Section II. That the Municipal Services Facility shall be acquired and constructed as follows: (a) By sale of the City -owned property at 1045 W. Sample Street, South Bend, St. Joseph County, being more particularly described as follows: A part of Parcel 2 in the "Inner Belt Industrial Park" a Subdivision in the Southeast and Southwest Quarters (1/4) of Section Eleven (11) and the Northeast Quarter (1/4) of Section Fourteen (14) all in Township Thirty-seven (37) North, Range Two (2) East, the Plat of which is recorded in Plat Book 21, page 1 in the Office of the Recorder of said County and State, which is more specifically described as follows: Beginning at a point 428.71 feet East of the Southwest corner of said Parcel 2; thence West 428.71 feet; thence North 743.76 feet; thence East 428.71 feet; thence South 745.03 feet to the place of beginning. to Liberty National Leasing Company, for improvements to be made thereon, which property and improvements to comprise the Municipal Services Facility to be leased back to the City. (b) By Lease/Purchase with Liberty National, pursuant to a Lease/Purchase Agreement (Lease) proposed to and filed with the Board this day, which Lease is incorporated herein by reference and made a part of this Resolution as fully as if set forth herein and the terms and conditions of which the Board hereby approves and accepts, subject to all requirements of IC 36-1-10; Provided: however, that the total facility cost as defined in the Lease, shall not exceed Two Million Dollars ($2,000,000.00). (c) By construction of certain improvements upon said real estate, including site development and appurtenances thereto, with the estimated cost of said improvements and appurtenances, together with architectural and engineering fees for said facility, being Eight Hundred Ninety -Five Thousand Dollars ($ 895,000.00); Section III. The Board has received this day preliminary plans and specifications for the proposed facility, together with an estimate of the costs of the proposed work prepared by the engineer and architect retained by the Board, all of which plans, specifications and estimates are filed with the Board, made a part hereof, and incorporated in this Resolution as if fully set out herein, said plans and specifications are hereby adopted and said improvements and construction are now ordered, with all of said plans, specifications, and estimated costs to be open to public inspection. Section IV. The Board hereby ratifies the appraisals of the property at 1045 W. Sample Street previously prepared by Jerome Michaels and R.E. McKlowski and Associates and which were filed with the Board on August 27, 1990, for purposes of IC 36-1-10-11, who have reported the appraisals in writing, said appraisals being in the total sum of Six Hundred Thousand Dollars ($600,000.00) and Six Hundred Fifteen Thousand Dollars SPECIAL MEETING DECEMBER 13, 1990 1 ($615,000.00), respectively. The Board hereby establishes the fair market value of the City -owned property at 1045 W. Sample Street as Six Hundred Seven Thousand Five Hundred Dollars ($ 607,500) and authorizes the Director of the Department of Public Works to cause a Notice of Final Offer in writing made to Liberty National Leasing Company, and to accept an offer from Liberty National Leasing Company for the City -owned property at 1045 W. Sample Street, in the amount of Six Hundred Seven Thousand Five Hundred Dollars ($ 607,500.00), pursuant to IC 36-1-10-11. Section V. The Board hereby fixes December 26, 1990, at 3:00 p.m. at 1308 County City Building, South Bend, Indiana, as the date, time, and place when the Board will: (a) Hold a hearing pursuant to IC 36-1-10-13, where all persons are entitled to be heard as to whether the execution of the proposed Lease is necessary and whether the rental is fair and reasonable for the proposed structure; (b) Modi-Fy, confirm, or rescind the proposed Lease; (c) Take final action by determining the public utility and benefit of the proposed Municipal Services Facility and by confirming, modifying, or rescinding this Resolution; and (d) Take any and all other necessary and proper actions. Section VI. The Clerk of the Board is instructed to give notice of the adoption of this resolution and hearing on the proposed Lease, by publication in the South Bend Tribune and Tri-County News, newspapers of general circulation published in the City of South Bend, with such notice as to be published one (1) time and to occur at least ten (10) days before the date of the hearing. The cost of the publication of the notice described in this section shall be paid by Liberty National, as required by I.C. 36-1-10-13 (a). The notice must state the date, place, and hour of the hearing and provide a summary of the principal terms of the Lease, the name of the proposed Lessor, the location and character of the structure to be leased, the rent to paid, and the number of years the Lease is to be in effect. Adopted on the 13th day of December, 1990, by the Board of Public Works of the City of South Bend, Indiana. ATTEST: s/Sandra M. Parmerlee ADJOURNMENT There being no further business motion made by Ms. Leszczynski, carried, the meeting adjourned AT ST: Sandra M. Parmerlee, Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John Leszczynski s/Patricia DeClercq to come before the Board, upon a seconded by Mrs. DeClercq and at 9:03 a.m. 7�'l zyrfsYi/ (FZ,6 (2" Patr'cla E. DeClercq