HomeMy WebLinkAbout12-19-11 Council Agenda & Packet AGENDA
SPECIAL MEETING OF THE SOUTH BEND COMMON COUNCIL
MONDAY, DECEMBER 19, 2011 5 : 00 P.M.
1. INVOCATION
2 . PLEDGE TO THE FLAG
3 . ROLL CALL
4 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
81-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING UP TO FIVE MILLION SEVEN
HUNDRED THOUSAND DOLLARS ($5, 700, 000 . 00) FOR
A GARAGE INTEREST IN THE CHASE TOWER
BUILDING TO ASSIST REHABILITATION
5 . BILLS, THIRD READING TIME:
BILL NO.
81-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING UP- TO FIVE MILLION SEVEN
HUNDRED THOUSAND DOLLARS ($5, 700, 000 . 00) FOR
A GARAGE INTEREST IN THE CHASE TOWER
BUILDING TO ASSIST REHABILITATION
6. RESOLUTIONS
BILL NO.
11-78 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING THE
BOARD OF WORKS' SALE OF REAL ESTATE UNDER
.INDIANA CODE SECTION 36-1-11-4
7 . ADJOURNMENT
TIME.
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
H;
;41 PFA-
G �CSi
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF ADMINISTRATION & FINANCE
GREGG D.ZIENTARA
CONTROLLER
December 7, 2011
Mr. Derek Dieter
President, South Bend Common Council
4''Floor, County-City Building
South Bend, IN 46601
re: Ordinance of the Common Council Appropriating Monies to Assist in the Chase Tower Building
Rehabilitation Project
Dear President Dieter:
The Chase Tower building ("Chase Tower") is located in the heart of downtown South Bend across from
the County-City Building at 211-213 West Washington Street. It is the tallest building in South Bend and
contains a bank, business offices, a hotel, restaurants and a parking garage. Presently, Chase Tower is
in foreclosure proceedings, and is in urgent need of repair and rehabilitation.
An entity known as Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") and
affiliate of Care Hotels plans to purchase the Chase Tower at sheriff foreclosure sale, thereby satisfying
the judgment of foreclosure acquired by the lender Huntington National Bank, However, once released
from foreclosure, Chase Tower requires substantial Capital improvements to retain and attract tenants,
attract guests to the hotel portion of the building, and otherwise become a viable commercial enterprise.
The total cost to make these repairs is not financially feasible for a developer.
In order to rehabilitate Chase Tower and assure it will increase in assessed value subject to payment of
property tax, that it will retain and create new jobs in downtown South Bend, and that it will remain a vital
commercial enterprise in the heart of South Bend, it is necessary for the City of South Bend to assist in
the Chase Tower rehabilitation by appropriating funds for this purpose. The City will thereby acquire a
long term interest in the garage portion of Chase Tower which will assist in the general rehabilitation of
Chase Tower,
City Administration requests Council approval to invest up to $5.7 million for the purpose of acquiring a
long term interest in the parking garage thereby providing financial assistance to the developer, to affect
the repairs, maintenance rehabilitation necessary in the structure. The Raining Day Fund # 142 will
provide the cash funds for this appropriation.
The monies appropriated under this Ordinance shall be reimbursed to the Rainy Day Fund (#102) in
annual payments from Tax Increment Finance-South Bend Central Development Area Fund (TIF-SBCDA)
No. 420 out of the incremental increase in tax revenues resulting from the differential in assessed
valuation of Chase Tower at this time and after rehabilitation is undertaken under this development plan.
County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830
Phone: 574/235-9216 Fax: 5741235-9928 TDD: 5741235-5567
I
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED
THOUSAND DOLLARS ($5,700,000.00) FOR A GARAGE INTEREST IN THE CHASE
TOWER BUILDING TO ASSIST REHABILITATION.
STATEMENT OF PURPOSE AND INTENT
The Chase Tower building ("Chase Tower") is located in the heart of downtown South
Bend across from the County-City Building at 211-213 West Washington Street. It is the tallest
building in South Bend and contains a bank, business offices, a hotel, restaurants and a parking
garage. Presently, Chase Tower is in foreclosure proceedings, and is in urgent need of repair and
rehabilitation.
An entity known as Care Hotels Indiana, LLC, an Indiana limited liability company
("Care Hotels") and affiliate of Care Hotels plans to purchase the Chase Tower at sheriff
foreclosure sale, thereby satisfying the judgment of foreclosure acquired by the lender
Huntington National Bank. However, once released from foreclosure, Chase Tower requires
substantial Capital improvements to retain and attract tenants, attract guests to the hotel portion
of the building, and otherwise become a viable commercial enterprise. The total cost to make
these repairs is not financially feasible for a developer.
In order to rehabilitate Chase Tower and assure it will increase in assessed value subject
to payment of property tax, that it will retain and create new jobs in downtown South Bend, and
that it will remain a vital commercial enterprise in the heart of South Bend, it is necessary for the
City of South Bend to assist in the Chase Tower rehabilitation by appropriating funds for this
purpose. The City will thereby acquire a long term interest in the garage portion of Chase Tower
which will assist in the general rehabilitation of Chase Tower.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
Section 1. The sum of Five Million Seven Hundred Dollars ($5,700.000.00) be and
hereby is set aside within Rainy Day Fund No. 102 for the purpose of acquiring a long term
interest in the garage portion of Chase Tower which will assist with general rehabilitation of
Chase Tower.
Section 11. The monies appropriated under this Ordinance shall be reimbursed to the
Rainy Day Fund (4102) in annual payments from Tax Increment Finance-South Bend Central
Development Area Fund (TIF-SBCDA) No. 420 out of the incremental increase in tax revenues
resulting from the differential in assessed valuation of Chase Tower at this time and after
rehabilitation is undertaken under this development plan. These annual reimbursement payments
from Fund No. 420 to Rainy Day Fund 4IO2 shall be made until the original appropriation of
$5,700,000.00 is repaid and satisfied in full.
Section III. The Mayor is authorized to execute a Development Agreement on behalf
of the City between the City and Care Hotels.
Section IV. This Ordinance shall be in full force and effect upon passage by the
Common Council, approval of the Mayor, and any publication required by law.
Member, South Bend Common C cil
Attest.
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
2011, at o'clock M.
City Clerk
Approved and signed by me on the day of , 2011, at o'clock m.
Mayor, City
r, PEA NNG
t.GT APPROVED ..
PASSID
1400 CouN7Y GTYBuLDwc 4 .,\ PRONE 5741235-9241
227 W.JumsoN BOLUVARD rFicr ji'% FAX 5741 235-7670
SouTU BEND,INDIANA 46641-1830
1$6�
CM of SOUTH BEND STEPHEN J. LuFcKE,MAYOR
DEPARTMENT OF LAW
CHARLEs S. .LEONE ALADEAN M. DEROSE
OTT AT roRNFY CHTFY ASsrsTANT CriyATTORNEY
December 8, 2011
Mr. Derek Dieter
President, South Bend Common Council r �.
4 t Floor, County-City Building
South Bend, IN 46601
Re: Resolution to Approve Board of Works Sale of Real Estate Under IC Section 36-1-11-4
Dear President Dieter:
Attached is a Resolution approving the sale of the real estate located at 717 E. LaSalle
Avenue. On November 14, 2011, the South Bend Board of Public Works approved Resolution
No. 76-2011 which authorizes the sale of real estate located at 717 East LaSalle Avenue, South
Bend, St. Joseph County, Indiana, pursuant to Indiana Code Section 36-1-11-4. Pursuant to I.C.
36-1-11, sale of this real estate must be approved by the Mayor and by the Common Council.
The Mayor appointed the Board of Public Works to hold a public hearing on this matter.
Following that public hearing, the Board made its recommendation to the Mayor to sell this real
estate. The Mayor adopted that recommendation and has approved the sale of this real estate.
The real estate is scheduled to be sold by auction on Monday, December 12, 2011 at 9:30. This
sale will be subject to the action taken by the Common Council on the attached Resolution.
As you are probably aware, the subject matter of this Resolution was litigated in the U.S.
District Court, Northern District of Indiana, Case #3:11 CV 325RM resulting in an Order of
Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana
Code Section 36-1-11-4 for disposition of the property located at 717 East LaSalle Avenue for a
price of not less than $545,000.00, which procedure for sale of 717 East LaSalle Avenue under
the terms, conditions, and procedures authorized by I.C. 36-1-11-4 will cure the federal
constitutional defect identified by Judge Miller in his Memorandum and Order dated September
7, 2011.
Thank you for consideration of this Resolution. I will present this Resolution to the
Common Council and will be available to answer any questions you may have.
Sincerely, t _
f
Charles S. Leone
City Attorney
THOMAS L. BODNAR C14F,RYL A. GREENE ANN-CAROL NASH
ANDREA L.BEAcHKOFSKY LAWRF.NCE J.METErdER JEFFREY L.SANFORD JoHN E. BRODEN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS'
SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11-4
WHEREAS, On November 14, 2011, the South Bend Board of Public Works
approved Resolution No. 76-2011, a copy of which is attached hereto and incorporated herein as
Exhibit 1, which Resolution authorizes the sale of real estate located at 717 East LaSalle Avenue,
South Bend, St. Joseph County, Indiana, pursuant to Indiana Code Section 36-1-11-4; and
WHEREAS, under I.C. 36-1-11-4, such real estate can be sold by the Board of
Public Works following a public hearing and favorable recommendation of the Board of Public
Works, as appointee of the City Executive; and
WHEREAS, the subject matter of this Resolution was litigated in the U.S.
District Court, Northern District of Indiana, Case #3:11 CV 325RM resulting in an Order of
Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana
Code Section 36-1-11-4 for disposition of the property located at 71.7 East LaSalle Avenue for a
price of not less than $545,000.00, which procedure for sale of 717 East LaSalle Avenue under
the terms, conditions, and procedures authorized by I.C. 36-1-11-4 will cure the federal
constitutional defect identified by Judge Miller in his Memorandum. and Order dated September
7, 2011; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. The Board of Public Work's sale of real estate located at 717 East LaSalle
Avenue, South Bend, St. Joseph County, Indiana is approved at a price of not less than
$545,000.00 and in accordance with the provisions of Indiana Code Section 36-1-11-4 and
pursuant to Board of Public Works Resolution No. 76-2011 dated November 14, 2011.
The legal description of the property to be sold is:
The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two
Hundred Fourteen (214) and Two Hundred Fifteen (215) as shown on the
recorded Plat of Samuel L. CottreIl's Addition to the Town of Lowell, now a part
of the City of South Bend recorded in Plat Book 1, page 49, in the Office of the
Recorder of St. Joseph County, Indiana.
SECTION II. In its sale of the subject real estate, the Board of Public Works shall
comply fully with the terms and conditions of I.C. 36-1-11-4.
SECTION Ill. This Resolution shall be effective from and after its passage by the
Common Council.
PASSED AND ADOPTED by the Common Council of the City of South Bend,
Indiana, this 12th day of December, 2011.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
By:
Member of the Common Council
and
council adim CIP,
RESENTED
NOT APPROVED.
ADOPTEC!
Exhibit 1
(South Bend Board of Public Works Resolution No. 76-2011)
RESOLUTION NO. 76-2011
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND, INDIANA,AUTHORIZING THE INITIATION OF A PROCESS PURSUANT TO
I.C.36-1-11-4 TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND
LOCATED AT 717 E. LaSALLE AVENUE,SOUTH BEND, INDIANA
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of and may maintain and dispose of 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 of South Bend, Indiana ("City") is the owner of certain real estate
located at 717 East LaSalle Avenue, South Bend, Saint Joseph County Indiana, which is more
particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property");
and
WHEREAS, the City has the power and authority, pursuant to the Indiana Home Rule
Act, I.C. 36-1-3, to exercise all powers necessary or desirable in the conduct of its affairs, and
further pursuant to I.C. 36-1-4-5 and I.C. 36-1-4-6 to acquire, use, improve, develop, maintain
and dispose of interests in property; and
WHEREAS, I.C. 36-1-11-4 provides for sale or transfer of real property by the City after
the property has been appraised by two (2) appraisers; and
WHEREAS, the Property has recently been appraised by two appraisers and the average
of the two appraised values is $345,000.00; and
WHEREAS, I.C. 36-1-11-4(e) provides that the City may engage an auctioneer to
conduct the sale by public auction which may be conducted either at the time for beginning the
sale in accordance with a public notice or after the beginning of the sale; and
WHEREAS, the Board wishes to sell the Property pursuant to the provisions of I.C. 36-1-
11-4, with a minimum bid price of S545,000A0.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND as follows;
1. The authorized representative of the Board is directed to engage an auctioneer
qualified pursuant to I.C. 36-1-11-4 to conduct a public sale of the Property. The
authorized representative is directed to cause notice of such sale to be published
in accordance with I.C. 5-3-1, stating the minimum amount of any offer to be
accepted at the auction is $545,000.00 and that the public auction shall be
conducted at the time for beginning the sale.
2. The Property shall be sold for cash or its equivalent, "AS IS - WHERE IS"
without any warranties of any kind, and closing of the sale shall take place within
10 days of the close of the auction.
3. The Board determines that Donald Inks, a member of the Board, is an appropriate
person to act as the Board's authorized representative and does hereby appoint
Donald Inks as the Board's authorized representative to act on behalf of the
Board in effecting the terms and intent of this Resolution.
Adopted this-day of November, 2011.
CITY OF SOUTH BEND, INDIANA
BY ITS BOARD OF PUBLIC WORKS
Cary Gilot, President
.ar ittrell, Membe
D n Inks, ember
ATTEST:
Ciirt'a Martin, Clerk
F
s
EXIT AA
Legal Description of the PrgpeM
The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two Hundred
Fourteen (214)and Two Hundred Fifteen(215)as shown on the recorded Plat of Samuel
L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend,
recorded in Plat book 1,page 49, in the Office of the Recorder of St. Joseph County,
Indiana.
Common Address: 717 E La Salle Avenue, South Bend, Indiana 46617
Tax Key No. 18-5019-0656
<t
AMENDED CALL OF SPECIAL MEETING OF THE
SOUTH BEND COMMON COUNCIL
Pursuant to Section 2-5 of the South Bend Municipal Code, a SPECIAL MEETING OF THE
SOUTH BEND COMMON COUNCIL having been called on December 6, 2011 an Amendment
to that Call is being made for the sole purpose of adding an agenda item. The Amended Call is
as follows:
MEETING DATE: MONDAY, DECEMBER 19, 2011, 5:00 P.M.
LOCATION: COUNCIL INFORMAL MEETING ROOM
4"n FLOOR COUNTY-CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601
SOLE AND ONLY PURPOSES: TO HEAR AND ACT UPON BILL NO. 11-78, A
RESOLUTION APPROVING THE BOARD OF
WORKS' SALE OF REAL ESTATE UNDER
INDIANA CODE SECTION 36-1-11-4.
TO HAVE 2nd AND 3rd READINGS AND PUBLIC
HEARING ON BILL NO. 81-11, AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING UP TO
FIVE MILLION SEVEN HUNDRED THOUSAND
DOLLARS {$5,700,000.00} FOR A GARAGE
INTEREST IN THE CHASE TOWER BUILDING TO
ASSIST REHABILITATION.
Consistent with Section 2-5(e) of the South Bend Municipal Code, the only business which shall
be transacted at such special meeting is that which is set forth in this Amended Call.
Signed this L c' ay of December, 2011. Attest:
Stephen J. Luecke, Mayor ohn orde, City Clerk
City of South Bend, Indiana Ca o South Bend, Indiana
Notification of the holding of such special meeting shall be conducted pursuant to Section 2-5(d)
of the South Bend Municipal Code which is attached hereto and incorporated herein by
reference.
/Derek D. Dieter /Ann Puzzello V'Al "Buddy" Kirsits
/Henry Davis, Jr. Dr. David Varner ✓ Timothy A. Rouse
/Thomas LaFountain °Oliver Davis. +°Karen L. White
CERTIFICATION
OF AMENDED CALL OF SPECIAL MEETING OF THE
SOUTH BEND COMMON COUNCIL
1. John Voorde, City Clerk of the city of South Bend, Indiana, hereby certify the foregoing
document is a true and correct certified copy of the AMENDED CALL OF SPECIAL
MEETING OF THE SOUTH BEND COMMON COUNCIL,
DATED THIS 1 DAY OF DECEMBER, 2011.
Jo Voo e, City Clerk
City So th Bend, Indiana
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
s member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 4th Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
Signed this day of December, 2011 at a.m.
11-d
Member of the South Bend Common Council
Serving Officer ` �' �
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH[ BEND COMMON COUNCIL
s Y a member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 4th Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
/�7
Signed this day of December, 2011 at •. m,
1�
Member of the South Bend Common Council
<-'.
Serving Officeri3Y'(
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
I>`—�' �.,,_ _ 1]�• a member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 41h Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
Signed this 2 y of December 0I 1 at
m.
Jam,
Me ' er of the South Bend Common Council
Serving Officer `� ,
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
a member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 4t" Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601,
1
Signed this day of December, 2011 at a.m.
F
Me of the South Common Council
<
Servi g Officer _
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
a member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 4`h Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601. E
Signed this � .Z day of December, 2011 at
Z'e
M'm er of the South Bend Common Council
V2—
Serving Officert? )
ACKNOWLEDGEMENT
OF ENDED CALL OF SPECIAL MEETING OF
HE SOUTH BEND COMMON COUNCIL
I> a member of the South Bend Common Council
hereby certify that received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5.00 p.m. in the
Common Council Informal Meeting Room 4'h Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
Signed thi day of December, 2011 at m.
M of the So d Common Council
Serving Officer !�bf-D
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
a member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 4th Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
Signed this /02 :' day of December, 2011 at a: :�
Member of the Sout end ommon Council
Sery ng Officer 1r1
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
13 —/i tai i A- L,j, S , a member of the South Bend Common Council
hereby certify that I received a certified copy of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011; 5:00 p.m. in the
Common Council Informal Meeting Room 4 1 Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
Signed this I h day of December, 2011 at ate. ,
"= �
Member of the S uth Bend Common Council
Serving Officer
ACKNOWLEDGEMENT
OF AMENDED CALL OF SPECIAL MEETING OF
THE SOUTH BEND COMMON COUNCIL
� e
Z a member of the South Bend Common Council
hereby certify that I received a certifi#dt3v of the Amended Call of special Meeting of the
South Bend Common Council to be held on Monday, December 19, 2011, 5:00 p.m. in the
Common Council Informal Meeting Room 4'h Floor County-City Building, 227 W. Jefferson
Blvd, South Bend, Indiana 46601.
Signed this day of December, 2011 at ..h!� Vim.
Member f t e South Bend Common o ncil
Servirfg Officer j�' '
ARTICLE 1. - THE COMMON COUNCIL Page 1 of 1
Sec. 2-5. - Special meetings of Common Council; procedure for notice, service of
notice and procedure for cancellation.
(a) Special meetings of the Common`Council may be held on the call of the Mayor or of any five(5)
members of the Common Council.
(b) Such call shall be in writing, and specify therein the objects of the call,that is to say,the particular
purposes for which it is called.
(c) Such call shall be signed by the Mayor,or,when made by members of the Council,by them, and
sealed with the seat of the City and countersigned by the Clerk,or designee.
(d) Each member of the Council shall be notified of the holding of such special meeting by the Chief of
Police or any of the members of the police force, reading such call to them,or leaving a certified
copy thereof at the last and usual place of residence of any member that the officer is not able to
find;or having the City Clerk's office calling each Council Member no later than seventy-two(72)
hours prior to such meeting and reading the same to them and leaving a certified copy thereof at the
last and usual place of residence.
(e) Only such business shall be transacted at such special meeting as is specifically stated in the call for
such special meeting.
(f) The minute record shall show the issuance of the call, and the service of notice thereof,for which
purpose the officer so serving such notice shall make return to the Clerk,
(g) In the event that following the call of a special meeting a determination is made to cancel said
special meeting the following procedure shall be followed:
(1) The Mayor or the members of the Common Council who signed the initial call for the special
meeting shall file a"cancellation notice of special meeting"with the Office of the City Clerk.
Said cancellation shall be duly signed by the individual(s)calling the meeting and shall be
sealed with the seal of the City and countersigned by the Clerk, or designee.
(2) Each member of the Council shall be notified of the cancellation of the special meeting by the
Chief of Police or any of the members of the police force, by reading such cancellation to
them, or by leaving a certified copy thereof at the last and usual place of residence of any
member that the officer is not able to find,or by having the City Clerk's office call each Council
Member no later than twenty-four(24)hours prior to the date and time of the meeting to be
cancelled and reading the same to them and leaving a certified copy thereof at the last and
usual place of residence.
(3) Copies of the"call of special meeting"and"cancellation notice of special meeting"shall be
sent to the news media by the Office of the City Clerk.
... .1_ __.__ 1TT�tll Jrr 11 InP7A 11,,.._..11)ICIT TT3TT A I-'0I A Ti A V'r I-rUf"Y'l!`n 1,M..."1 1114MnI T
�ouT1i e�
1400 CouNw-CITY BUILDING � \ 2 PHONE 5741235-9241
•� C
227 JEFF�.gsoN Baum urn w .. PEACE/ FAx 574/235-7670
,
SouTH BEND,INDIANA 46601-I830 � \
1865
CITY OF So= BENT) STEPHEN J. LuFcn, MAYo.R
DEPARTMENT OF LAW
04ARLEs S. LEONE ALADFAN M. DERosE
C fYATTORNRY Q4us AssimNT C=ATroRNEY
December 8, 2011
Mr, Derek Dieter
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Resolution to Approve Board of Works Sale of Real Estate Under IC Section 36-1-11-4
Dear President Dieter:
Attached is a Resolution approving the sale of the real estate located at 717 E. LaSalle
Avenue. On November 14, 2011, the South Bend Board of Public Works approved Resolution
No. 76-2011 which authorizes the sale of real estate located at 717 East LaSalle Avenue, South
Bend, St. Joseph County, Indiana, pursuant to Indiana Code Section 36-1-11-4. Pursuant to I.C.
36-1-11, sale of this real estate must be approved by the Mayor and by the Common Council.
The Mayor appointed the Board ,of Public Works to hold a public hearing on this matter.
Following that public hearing, the Board made its recommendation to the Mayor to sell this real
estate. The Mayor adopted that recommendation and has approved the sale of this real estate.
The real estate is scheduled to be sold by auction on Monday, December 12, 2011 at 9:30. This
sale will be subject to the action taken by the Common Council on the attached Resolution.
As you are probably aware, the subject matter of this Resolution was litigated in the U.S.
District Court, Northern District of Indiana, Case #3:11 CV 325RM resulting in an Order of
Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana
Code Section 36-1-11-4 for disposition of the property located at 717 East LaSalle Avenue for a
price of not less than $545,660.60, which procedure for sale of 717 East LaSalle Avenue under
the terms, conditions, and procedures authorized by. I.C. 36-1-11-4 will cure the federal
constitutional defect identified by Judge Miller in his Memorandum and Order dated September
7, 2011.
Thank you for consideration of this Resolution. I will present this Resolution to the
Common Council and will be available to answer any questions you ma; _rave k..:,
Sincerely,
L11C Z 01 i
(harles S. Leone
City Attorney R
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
ANDREA L. BEACHKOFSKY LAWRENCE J. METUVER JEPPREY L. SANFORD JOxN E. BRODEN
RESOLUTION NO.//— 7� �.
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF ,SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS'
SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11•-4
WHEREAS, On November 14, 2011, the South Bend Board of Public Works
approved Resolution No. 76-2011, a copy of which is attached hereto and incorporated herein as
Exhibit 1, which Resolution authorizes the sale of real estate located at 717 East LaSalle Avenue,
South Bend, St. Joseph County, Indiana, pursuant to Indiana Code Section 36-1-11-4; and
WHEREAS, under I.C. 36-1-11-4, such real estate can be sold by the Board of
Public Works following a public hearing and favorable recommendation of the Board of Public
Works, as appointee of the City Executive; and
WHEREAS, the subject matter of this Resolution was litigated in the U.S.
District Court, Northern District of Indiana, Case #3:11 CV 325RM resulting in an Order of
Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana
Code Section 36-1-11-4 for disposition of the property located at 717 East LaSalle Avenue for a
price of not less than $545,000.00, which procedure for sale of 717 East LaSalle Avenue under
the terms, conditions, and procedures authorized by I.C. 36-1-11-4 will cure the federal
constitutional defect identified by Judge Miller in his Memorandum and Order dated September
7, 2011; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION 1. The Board of Public Work's sale of real estate located at 717 East LaSalle
Avenue, South Bend, St. Joseph County, Indiana is approved at a price of not Iess than
$545,000.00 and in accordance with the provisions of Indiana Code Section 36-1-11-4 and
pursuant to Board of Public Works Resolution No. 76-2011 dated November 14, 2011.
The legal description of the property to be sold is:
The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two
Hundred Fourteen (214) and Two Hundred Fifteen (215) as shown on the
recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part
of the City of South Bend recorded in Plat Book 1, page 49, in the Office of the
Recorder of St. Joseph County, Indiana.
SECTION II. In its sale of the subject real estate, the Board of Public Works shall
comply fully with the terms and conditions of T.C. 36-1-11-4.
SECTION III. This Resolution shall be effective from and after its passage by the
Common Council.
PASSED AND ADOPTED by the Common Council of the City of South Bend.,
Indiana, this 12th day of December, 2011.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND,INDIANA
By:
Member of the Common Council
i
U, i
_ i
Exhibit A
(South Bend Board of Public Works Resolution No. 76-2011)
: f
G
1
r
RESOLUTION NO. 76-2011
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING THE INITIATION OF A PROCESS PURSUANT TO
I.C.36-1-11-4 TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND
LOCATED AT 717 E. LaSALLE AVENUE, SOUTH BEND, INDIANA
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of and may maintain and dispose of all real property owned by the City of South Bend,
Indiana(the"City")pursuant to I.G. 36-9-6-3; and
WHEREAS, the City of South Bend, Indiana ("City") is the owner of certain real estate
located at 717 East LaSalle Avenue, South Bend, Saint Joseph County Indiana, which is more
particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property");
and
WHEREAS, the City has the power and authority, pursuant to the Indiana Home Rule
Act, I.C. 36-1-3, to exercise all powers necessary or desirable in the conduct of its affairs, and
further pursuant to I.C. 36-1-4-5 and I.C. 36-1-4-6 to acquire, use, improve, develop, maintain
and dispose of interests in property; and
WHEREAS, I.C. 36-1-11-4 provides for sale or transfer of real property by the City after
the property has been appraised by two (2) appraisers; and
WHEREAS, the Property has recently been appraised by two appraisers and the average
of the two appraised values is $345,000.00; and
WHEREAS, I.C. 36-1-11-4(e) provides that the City may engage an auctioneer to
conduct the sale by public auction which may be conducted either at the time for beginning the
sale in accordance with a public notice or after the beginning of the sale; and
WHEREAS, the Board wishes to sell the Property pursuant to the provisions of I.C. 36-1-
11-4, with a zninimurn bid price of$545,000,00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND as follows:
I. The authorized representative of the Board is directed to engage an auctioneer
qualified pursuant to I.C. 36-1-11-4 to conduct a public sale of the Property, The
authorized representative is directed to .cause notice of such sale to be published
in accordance with I.C. 5-3-1, stating the minimum amount of any offer to be
accepted at the auction is 5545,000.00 and that the public auction shall be
conducted at the time for beginning the sale.
2. The Property shall be sold for cash or its equivalent, "AS IS - WI-fERE IS"
without any warranties of any kind, and closing of the sale shall take place within
10 days of the close of the auction_
3. The Board determines that Donald Inks, a member of the Board, is an appropriate
person to act as the Board's authorized representative and does hereby appoint
Donald Inks as the Board's authorized representative to act on behalf of the
Board in effecting the terns and intent of this Resolution,
Adopted this day of November, 2011.
CITY OF SOUTH BEND, INDIANA
BY ITS BOARD OF PUBLIC WORKS
Gary Gilot, President
=ej-n
ATTEST:
{�
0
`�--Lin'a Martin, Clerk
EXHIBIT A
Le al Descri tion of the Pro e
The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two Hundred
Fourteen (214) and Two Hundred Fifteen(215) as shown on the recorded Plat of Samuel
L. Cottrell's Addition to the Town of Lowell,now a part of the City of South Bend,
recorded in Plat Book 1,page 49, in the Office of the Recorder of St. Joseph County,
Indiana.
Common Address: 717 E La Salle Avenue, South Bend, Indiana 46517
Tax Key No. 18-5019-0656