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HomeMy WebLinkAboutNo. 0527 approving/directing execution of Amendatory Contract No. 4 with USA for Central Downtown Project, IN R-66 (dollar amount chg.)RESOLUTION NO. 527 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT APPROVING AND DIRECTING EXECUTION OF AMENDATORY CONTRACT NO. 4 WITH THE UNITED STATES OF AMERICA FOR CENTRAL DOWNTOWN PROJECT, INDIANA R - 66. WHEREAS, the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (herein- after called "Commission "), has fully considered the proposed Amendatory Contract Number 4 for Central Downtown Project, Indiana R -66 (hereinafter called "Amendment ") which is incorporated in this Resolution by reference; NOW, THEREFORE, BE IT RESOLVED, that the South Bend Redevelop- ment Commission; SECTION 1. Approves the amendment to Section 7(d) of the Contract by changing "Seventeen Million, Three Hundred Seventy -eight Thousand, One Hundred Thirty -five dollars ($17,378,135)" to read "Nineteen Million, Eight Hundred Seventy -eight Thousand, One Hundred Thirty -five Dollars ($19,878,135) ". SECTION 2. Approves and shall enter into, with the United States of America (hereinafter called "Government "), the Amendment. SECTION 3. The President or Vice President of the Commission is authorized and directed to execute two counterparts of the Amendment and the Secretary or Assistant Secretary of the Commission is authorized and directed to attest such counterparts; and the Executive Director is hereby authorized and directed to send said counterparts, together with all related documents, to the Govern- ment and to act as correspondent for the Commission in all matters pertaining thereto. SECTION 4. This resolution shall take effect immediately. Adopted at the Special Meeting of the South Bend Redevelopment Commission held on July 9, 1976, in the office of the Redevelopment Commission, Room 1200, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601. SEAL CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT aV Nimtz , 'Pre "siden Ro ert U. Cira, Assistant Secretary EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A SPECIAL MEETING OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF RE- DEVELOPMENT, HELD ON JULY 9, 1976. The South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment. met in a Special Meeting at Room 1200, County -City Building, 227 West Jefferson Boulevard, in the City of South Bend, Indiana, at the place, hour, and date duly established for the holding of such meeting. The President called the meeting to order and on roll call the following answered present: F. Jay Nimtz Donald A. Wiggins Robert J. Cira Lloyd E. Robinson and the following was absent: A. Peter Donaldson The President declared a quorum present. The Secretary of the Commission then read and placed into the minutes of the meeting the properly executed and confirmed notice of special meeting, certificate of service of such, and waiver of regular notice of, and consent to special meeting as follows: NOTICE OF SPECIAL MEETING NOTICE OF SPECIAL MEETING TO THE OFFICERS AND COMMISSIONERS OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT. Notice is hereby given that a special meeting of the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment, will be held at Room 1200, County -City Building, 227 W. Jefferson Blvd., in the City of South Bend, Indiana, at 2:00 o'clock p.m., on July 9, 1976, for the following purposes: For the consideration of a certain Resolution authorizing the execution of certain contracts and other documents and for the purpose of transacting any other business which may properly come before the Commission. Dated July 7, 1976. / S / Robert J. Cira, Assistant Secretary CERTIFICATE OF SERVICE OF NOTICE I, Robert J. Cira, the duly appointed, qualified and acting Assistant Secretary of the South Bend Redevelopment Commission DO HEREBY CERTIFY that on July 7, 1976, I served a true copy of the foregoing Notice of Special Meeting on each and every officer and commissioner of the South Bend Redevelopment Commission, govern- 1, - . s{ ing body of the South Bend Department of Redevelopment in the manner provided in the By -Laws. Witness my hand on July 7, 1976. / S / Robert J. Cira, Assistant Secretary WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned officers and commissioners of the South Bend Redevelopment Commission, do hereby accept service of the NOTICE OF SPECIAL MEETING waiving any and all irregularities in such Notice and Consent, and agree that the said Special Meeting of said South Bend Redevelopment Commission shall meet at the time and place named in such Notice, and for the purposes stated therein. / S / F. Jay Nimtz, President / S / Donald A. Wiggins, Vice President / S / Robert J. Cira, Assistant Secretary / S / A. Peter Donaldson, Secretary / S / Lloyd E. Robinson, Senior Member * * * * * * * * * * * * * * * * * * * * * * * * * * * The following resolution was introduced by the President; read in full and considered: RESOLUTION NO. 527 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT APPROVING AND DIRECTING EXECUTION OF AMENDATORY CONTRACT NO. 4 WITH THE UNITED STATES OF AMERICA FOR CENTRAL DOWNTOWN PROJECT, INDIANA R -66. Commissioner Wiggins moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Commissioner Cira and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS F. Jay Nimtz None Robert J. Cira Donald A. Wiggins Lloyd E. Robinson ABSENT A. Peter Donaldson - 2 - The President thereupon declared said motion carried and said resolution adopted. * * * * * * * * * * * * * * * * * * * * * * * * * There being no further business to come before the meeting upon motion duly made and seconded, the meeting was adjourned. - 3 - CERTIFICATE OF RECORDING OFFICER I, Robert J. Cira, the duly appointed, qualified and acting Assistant Secretary of the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment, do hereby certify that the attached extract from the minutes of the special meeting of the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelop- ment, held on July 9, 1976, is a true and correct copy of the original minutes of such meeting on file and of record insofar as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said South Bend Redevel ment Commission, on July 9, 1976. Ro ert Cira, Assistant Secretary (SEAL) SOUTH BEND REDEVELOPMENT COMMISSION SPECIAL MEETING July 9, 1976 2:00 P. M. 1200 County -City Building Presiding Officer: Mr. F. Jay Nimtz, 217 West Jefferson Blvd. President South Bend, Indiana 46601 1. The South Bend Redevelopment Commission, governing body of the City of South Bend, Department of Redevelopment, met in a Special Meeting at Room 1200, County -City Building, 227 West Jefferson Boulevard, in the City of South Bend, Indiana, at the place, hour, and date duly esta- blished for the holding of such meeting. The President called the meeting to order and on roll call, the follow- ing answered present: F. Jay Nimtz Donald A. Wiggins Robert J. Cira Lloyd E. Robinson and the following was absent: A. Peter Donaldson The President declared a quorum present. Also present were: Legal Counsel: Kevin J. Butler LPA Staff: C. Wayne Brownell Helen S. King 2. The President of the Commission then read and placed into the minutes of the meeting the properly executed and confirmed notice of special meeting, certificate of service of such, and waiver of regular notice of, and consent to special meeting as follows: I NOTICE OF SPECIAL MEETING NOTICE OF SPECIAL MEETING TO THE OFFICERS AND COMMISSIONERS OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT. Notice is hereby given that a special meeting of the South Bend Redevelopment Commission, governing body of the City of South Bend, Department of Redevelopment, will be held at Room 1200, County -City Building, 227 W. Jefferson Boulevard, in the City of South Bend, Indiana, at 2:00 o'clock p.m., on July 9, 1976, for the following purposes: - 1 - SOUTH BEND REDEVELOPMENT COMMISSION SPECIAL MEETING For the consideration of a certain Resolution authorizing the execution of certain contracts and other documents and for the purpose of transacting any other business which may properly come before the Commission. Dated July 7, 1976. /S/ (SEAL) Robert J. Cira, Assistant Secretary CERTIFICATE OF SERVICE OF NOTICE I, Robert J. Cira, the duly appointed, qualified and acting Assistant Secretary of the South Bend Redevelopment Commission DO HEREBY CERTIFY that on July 7, 1976, I served a true copy of the foregoing Notice of Special Meeting on each and every officer and commissioner of the South Bend Redevelopment Commission, governing body of the South Bend Department of Redevelopment in the manner provided in the By -Laws. Witness my hand on July 7, 1976. /S/ (SEAL) Robert J. Cira, Assistant Secretary WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING. We, the undersigned officers and commissioners of the South Bend Redevelopment Commission, do hereby accept service of the NOTICE OF SPECIAL MEETING waiving any and all irregularities in such Notice and Consent, and agree that the said Special Meeting of said South Bend Redevelopment Commission shall meet at the time and place named in such Notice, and for the purposes stated therein. (SEAL) - 2 - /S/ F. Jay Nimtz, President /s/ Donald A. Wiggins, Vice President /S /. Robert J. Cira, Assistant Secretary ../ S./ A. Peter Donaldson, Secretary /S /. Lloyd E. Robinson, Senior Member SOUTH BEND REDEVELOPMENT COMMISSION SPECIAL MEETING 3. The President called to the attention of the Commission two (2) letters, both dated July 8, 1976: a. From Mr. James E. Armstrong, Director of the Indianapolis Area Office, Department of Housing and Urban Development. b. From Mr. Keith W. Lerch, Area Counsel of the Indianapolis Area Office, Department of Housing and Urban Development. Both of the letters were read, and Mr. C. Wayne Brownell, Executive Director of the Department of Redevelopment, advised with Mr. Lerch's letter was attached the proposed fourth amendatory Contract for Contract IN R- 66(LG); also read in its entirety for Commission consideration. Mr. Lerch's letter also requested the Redevelopment Commission adopt a resolu- tion approving the proposed amendatory contract and have the amendatory contract signed by the President of the Commission and attested by the Commission's Secretary. The following resolution was introduced by the President; read in full and considered: RESOLUTION NO. 527 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT APPROVING AND DIRECTING EXECUTION OF AMENDATORY CONTRACT NO. 4 WITH THE UNITED STATES OF AMERICA FOR CENTRAL DOWNTOWN PROJECT, INDIANA R -66 Commissioner Wiggins moved that the communications be accepted and placed on file, and Resolution No. 527 be adopted as introduced and read, which motion was seconded by Commissioner Cira, and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS F. Jay Nimtz None Robert J. Cira Donald A. Wiggins Lloyd E. Robinson ABSENT A. Peter Donaldson The President thereupon declared said motion unanimously carried and said resolution adopted. 4. There being no further business to come before the meeting upon motion duly made by Commissioner Wiggins and seconded by Commissioner Robinson, the meeting was adjourned at 2:20 p.m.` - 3 -