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Home My WebLink AboutAuthorizing filing of application with the Department of Housing and Urban Development for grant to aquire open-space RESOLUTION L.'). 240-70 Passed by the Common Council of the City of South Bend, Indiana, June 22, 1970 Attest: City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana 19 City Clerk Approved and signed by me 19 Mayor RESOLUTION NO. 240-70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING FILING OF APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR GRANT TO ACQUIRE OPEN-SPACE WHEREAS Title V11 of the Housing Act of 1961, as amended, pro- vides for the making of grants by the Secretary of Housing and Urban Development to States and local public bodies to assist them in the acquisition and development of permanent interests in land for oven-space uses where such assistance is needed for carrying out a unified or officially co-ordinated program for provision and development of open-space land as part of the com- prehensively planned development of the urban area; and WHEREAS the Civil City of South Bend, Indiana, (herein sometimes referred to as Applicant" ) desires to acquire fee simple Interest to certain land known as Lots 2 , 11, 14, and 23 in the College Grove Addition in the City of South Bend, Indiana, which land is to be held and used for permanent open-space land for a local recreational facility; and WHEREAS Title VI of the Civil Rights Act of 1964 , and the regula- tions of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discriminated against because of race, color, or f-lational origin in the use of the land acquired; and WHEREAS it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open-space land pro- ject will be relocated into decent , safe, and sanitary housing, (2) compliance with Pederal labor standards, and ( 3) compliance with Federal requirements relating to equal employment opportunity; and r T WHEREAS it is estimated that the cost of acquiring said interest will be $529641.50; and WHEREAS it is estimated that the cost of necessary demolition and removal of improvements on said land will be $19 ,915.00 ; and WHEREAS it is estimated that the total amount of relocation pay- ments to be made to eligible site occupants displaced from property to be acquired will be $51,845.00 : NOW, THEREFORE, be it resolved by the Common Council of the Civil City of South Bend: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $90,087.75, and that the Applicant will pay the balance of the cost from other funds available to it. 2. That adequate open-space land for the locality cannot effec- tively be provided through the use of existing undeveloped or predominately undeveloped land. 3 . That the Mayor of the Civil City of South Bend, Indiana, is hereby authorized and directed to execute and to file such appli- cation with the Department of Housing and - Urban Development to provide additional information and to furnish such documents as may ue required by said Department, to execute such contracts as are required by said Department , and to act as the authorized correspondent of the Applicant. 4. That the proposed acquisition is in accordance with plans for the allocation of land for open-space uses,and that , should said grant be made , the Applicant will acquire, and retain said land for the use designated in said application and approved by the Department of Housing and Urban Development. 5. That the United States of America and the Secretary of Housing and Urban Development Administrator be, and they hereby -2- are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Develon ment effectuating Title VI of the Civil Rights Act of 1964 . 6. `1"'nat there exists in the locality an adequate amount of decent , safe , and sanitary housing which is available to persons displaced as a result of the open-space land project , at prices which are within their financial means, and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families , ana it is the sense of this body that such displacees , if any , will be relocated in accordance with applicable regulations of the Department of housing and Urban Development . THIS RESOLUTION ADOPTED BY THE Common Council of the Civil City of South Bend, Indiana, this _day of , 1970 . Member of tHe C m on Council ATTEST : it er 1st & 2nd READING 6-22-70 COMMITTEE OF THE WHOLE PUBLIC HEARING c-22-70 FILED IN CLERK'S OFFICE 3rd READING NOT APPROVED JUN 1 v 1970 REFERRED PASSED F-22-70 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. —3— JJ all• 1�•t• B y \/ ' S I•— i ( �..l \ V c¢v SOUTH BEND, INDIANA S LLOYD N1. ALLEN p`DAgTVENT i1 MAY011 O= LAW W S.J.CRUMPACKER COUNTY—CITY COMPLEX CITY ATTOIINFY SOU—,H EEr.,O, .,NO. 46601 AREA 219, 284-9241 HOI'CIiT M.PARKER ; CHIEF DEPUTY ATTOHNEY DEPUTIES ROGER F.GAY RODERT F.GONDERMAN RODERT J.DUCOMD.JR. STEVEN S.STAVRON JAMES R.KUEHL Lloyd M. Allen, Mayor City of South Bend County-City Complex 227 W. Jefferson Blvd. _ South Bend, Indiana 46601 Dear Mayor Allen : I am an Attorney at Law , admitted to practice in the State of Indiana. I have examined your application for a grant under Title VII of the Housing Act of 1961, as amended, whereby assist- ance is requested in the acquisition and development of certain land known as Lots 2, 11, 14 and 23 in •the College Grove Addition. to the City of South Bend, Indiana, for the purpose of a local recreational facility . It is , opinion that the legal name of the applicant , Civil City of South Bend, as shown on the application is correct. I have examined the Resolution adopted by the Common Council of the City of South BEnd authorizing the submission of the aforementioned application and I find that it contains the findings and assurances which appear in the Guide Form of Resolu- tion, known as Attachment C to, letter . No,. , OS-5, Suggested Form of Resolution oif -Applicant' 1Aiz'thorizing Filing of Application for Grant to Acquire and Develop Open-Space.. Land, and that the sub- mission of said application and its execution by the official who executed it are fully authorized by your governing body. I have also reviewed all pertinent federal , state and local laws , including local charter provisions , which establish the Civil City of South Bend, Indiana, as a public body••empowered - . to receive and expend federal, state and local funds ana' 6mp'6wer'. it to contract with the United States of America for the purpose of receiving a grant under Title VII of the Housing Act of 1961, as amended. e 2 - I have made appropriate inquiry and I am satisfied t''nat :,here is no pending or threatened litigation in either federal or state courts challenging your authority to acquire and develop Open-Space Land or to contract with the federal government for the purpose of receiving a grant under Title VII of the Housing Act of 1961, as amended. Based upon the foregoing, it is my opinion that the Civil City of South Bend, Indiana, is a public body empowered to receive and expend federal , state and local funds , to contract with the United States of America for the purpose of receiving a grant under Title VII of the Housing Act of 1961 , as amended, and to undertake and complete the proposed acquisition and develop- ment of the above described land and upon such acquisition and development to retain said interest for the designated permanent Open-Space Land uses ; and that upon acquisition of said interest in said land, the said interest will be free and blear of any restrictions which would interfere with the stated purpose of said grant to develop and maintain said land as permanent Open- Space Land. Very tru y yours , J. Crump cker, City Attorney SJC :1d