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HomeMy WebLinkAboutApproving Board of Works Sale of Real Estate (Family Dollar)RESOLUTION 4143 -11 Passed by the Common Council of the City of South Bend, Indiana December 19, 11 20 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana December 20, 20 11 President of Common Council Approved and signed by me - "'�p^ , �� 2' Z 20 L . City Clerk RESOLUTION NO. �—t l 4 3 l � ( 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 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. 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 I.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 ,t By: Dai, Member of the Common Council AOOPTEi TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: 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 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Public Works and Property Vacation Committee. Timothy Rouse Chairperson, Committee of the Whole 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 $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 9545,000.00 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 Gary Gilot, President Mernb Inks, Member ATTEST: lJirtia Martin, Clerk EXHIBIT A Legal Description of the Property 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