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Home My WebLink AboutSouth Bend Human Rights Commision Lease 319 Niles AvenueRESOLUTION 4193 -12 Passed by the Common Council of the City of South Bend, Indiana July 9, Attest: 212 0 Presented by me to the Mayor of the City of South Bend, Indiana July 10, 2012 City Clerk President of Common Council Approved and signed by me 7 y L ,1 to 20 Z cie Clerk SUBSTITUTE BILL NO. 12 -47 RESOLUTION NO. q `L 3 'O- RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana, received a petition on May 14, 2012 signed by fifty taxpayers of the City of South Bend, requesting that the Board lease the office space at 319 Niles Avenue, South Bend, Indiana, by entering into a lease with 319 Niles, LLC for a term of five (5) years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty -Five Dollars ($3,555.00) for the initial five year term; and WHEREAS, on May 14, 2012, the Board of Public Works received a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, before the Board of Public Works as "leasing agent" enters into a lease agreement, that the Common Council, as "fiscal body," determine after investigation that the premises are needed, and that the lease amount is reasonable; and WHEREAS, the Board of Public Works has conducted the public hearing required by I.C. 36- 1- 10 -13. BE IT THEREFORE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. The Common Council wishes to provide office space in the proposed location in order to offer the services of the South Bend Human rights Commission to the residents of the City. 3. The office proposed to be leased at 319 Niles Avenue, South Bend, Indiana, contains approximately 2,975 square feet of space on the first floor, which is sufficient to accommodate the activities for which the space is intended. 4. On May 14, 2012, a Petition signed by fifty taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 319 Niles Avenue, South Bend, Indiana, by entering into a lease with 319 Niles, LLC for a term of five (5) years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty -Five Dollars ($3,555.00) for the initial five year term. 5 On May 14, 2012, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend. 6. On May 15, 2012, the Board of Public Works approved its Resolution No. 27 -2012, a copy of which is also attached hereto and incorporated herein, authorizing the Clerk of the Board of Public Works to public notice of a public hearing concerning the Board's intent to enter into a lease under the terms set forth in Paragraph 4, above. 7. The proposed form of lease agreement for the premises was filed with the Board of Public Works and in accordance with Indiana Code § 36- 1- 10 -13, was made available for public inspection at the Office of the Clerk of the Board of Public Works, 13"' Floor, County -City Building, South Bend, Indiana. 8. On May 29, 2012 at 9:30 a.m., the Board of Public Works held the public hearing in accordance with the notice, and after closing the public hearing, the Board of Public Works determined that the lease is necessary and the rental is fair and reasonable and asked that its recommendation be forwarded to the Common Council for further action in accordance with Indiana Code §36- 1 -10 -7. 9. Having considered the presentation and hearing on this Resolution, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 319 Niles Avenue as office space is needed, as petitioned by the fifty taxpayers of the City of South Bend, whose signatures were certified by the St. Joseph County Auditor. 10. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Common Council PRESLNUD 7 A--1)L- NOT APPROVED ?0OPTED -7 -`1' 1 L Filed in Clerks Office t JUN 11 ?Q1Z CITY CLERK, SOUTH BEND, IN x&��'1I0'� �v 7�te�yS4v TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE 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 as substituted by the addition on No. 8 & 9 and changing 8 to 10. This bill was heard by the Personnel & Finance Committee. Karen L. White Chairperson, Committee of the Whole RESOLUTION 27 -2012 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND CONCERNING LEASE AGREEMENT FOR OFFICE SPACE AT 319 NILES AVENUE AND AUTHORIZING NOTICE WHEREAS, the Board of Public Works of the City of South Bend has received this date a petition signed by fifty (50) taxpayers of the City of South Bend requesting that the Board enter into a lease for approximately 2,975 square feet of office space on the first floor of the building known as Suite A, 319 Niles Avenue, South Bend, Indiana, with Lessor, 319 Niles, LLC for a term of five (5) years and with an option to renew for an additional five (5) year term, and with a monthly rental of Three Thousand Five Hundred Fifty-five Dollars ($3,555.00) for the initial five (5) years term. WHEREAS, the Board has concurrently received this date a certificate of the St. Joseph County Auditor certifying that the signers of the petition and the person verifying the Petition are all taxpayers of property within the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -13 requires that prior to execution of any lease with the City, notice of a public hearing to be held before the Board of Public Works shall be published in accordance with I.C. 5 -3 -1. NOW, THEREFORE, BE IT RESOLVED by-the Board of Public Works for the City of South Bend as follows: 1. The Board of Public Works intends to enter into a lease with 319 Niles, LLC for approximately 2,975 square feet of office space on the first floor of a building located at 319 Niles Avenue, South Bend, Indiana for term of five (5) years with an option to renew for an additional five (5) year period, and with an initial monthly rental of Three Thousand Five Hundred Fifty-five Dollars ($3,555.00) 2. Notice shall be published in accordance with I.C. 5 -3 -1 and I.C. 36- 1 -10 -13 of the Boards intent to enter into the subject lease. 3. Public Hearing as required by I.C. 36- 1 -10 -13 is hereby scheduled before this Board for the 29th day of May, 2012 at 9:30 a.m. 4. A copy of this resolution shall be filed with the South Bend Common Council. Adopted at the meeting of the City of South Bend, Indiana, Board of Public Works held on May 15, 2012, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gi ot, President Ka s Roos, Member Von Inks, Member ATTFST: `- in a Martin, .Clerk Filed it- Clerk's Office CIC�Yn�+aq�4 �P ®C7 p 1400 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ]JAW ALA,DEAN M. DEROSE CITY ATTORNEY, AD INTERIA4 June 7, 2012 Mr. Derek Dieter President, South Bend Common Council 4t" Floor, County -City Building South Bend, Indiana 46601 Re: Human Rights Commission Office Lease — Bill No. 12 -47 Dear President Deiter: PHONE 574/235 -9241 FAx 574/235 -7670 At its meeting on June 11, 2012, the Council will consider Resolution No. 12 -47 which approves a finding that the lease of office space at 319 Niles Avenue, South Bend, Indiana is necessary for the South Bend Human Rights Commission. As part of the record, I enclose the following materials: 1. Petition from at least 50 property tax payers in South Bend, Indiana recommending lease of space to South Bend Human Rights Commission. 2. Board of Public Works Resolution #2712 referenced in Council Bill 12 -47. 3. Copy of Board of Works (BPW) Preliminary Minutes from May 29, 2012 meeting (to be approved at next BPW meeting) as to public hearing on Human Rights Commission lease, with copy of Notice of Public Hearing of that Meeting. Thank you for your consideration of this Resolution. Sincerely, Aladean M. DeRose City Attorney, A.I. AMD /cw Enclosures CHERYL A. GREFNE ANN -CAROL NASH ANDREA L. BFACHKOFSKY LAWRENCE J. METFNER JEFFREY L. SANFORD