HomeMy WebLinkAboutTransfer of Park Property South Bend Community School Corp ' !
ORDINANCE No.8240-92
Passed by the Common Council of the City of South Bend, Indiana.
February 3 , 92
19
Attest: City Clerk
IRENE K. GAMMON
Attest: P� __. _ r
---�..�_ esident of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana_
February 4, 92
19
City Clerk
IRENE K. GAMMON
Approved and signed by me q' a 19 96R
Z Mayor
4111,
SUBSTITUTE ORDINANCE NO. Rai-so -9a.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
CONCERNING THE TRANSFER OF PARK PROPERTY
TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION
STATEMENT OF PURPOSE AND INTENT
The South Bend Community School Corporation desires to expand the
campus of its Edison Middle School. This expansion includes
acquisition of certain real property owned and controlled by the City
of South Bend Park Department. The School Corporation has proposed.
making and paying for certain capital improvements to that portion of
Edison Park which is leased to and controlled by the City' s Park
Department, in exchange for the transfer to it of the land needed for
the expansion of the. Edison Middle School campus..
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. That the City owns for the use of the. Park Department
and/or Board of Park Commissioners the following described property,
situated in St. Joseph County:
A parcel of land being a part of the Northwest
Quarter of Section 5, Township 37 North, Range 3
East, City of South Bend, Portage Township, St.
Joseph County, Indiana and being more particularly
described as follows:
Commencing at the intersection of the North
right-of-way line of Eisenhower Drive and the West
right-of-way line of vacated Crosby Avenue in the
recorded plat of Edison Park Addition to the City
of South Bend, Indiana.; thence North 0°-00 ' -00"
West, along said West right-of-way line of vacated
Crosby Avenue, a distance of 280. 00 feet to the
South right-of-way line of Benedict Avenue; thence
North 90°-00 ' -00" East, along said South
right-of-way line, a distance of 51. 00 feet to
said South right-of-way line' s intersection with
the East right-of-way line of vacated Crosby
Avenue: thence North 0°-00 ' -00" West, along the
Northerly projection of said East right-of-way
line of vacated Crosby Avenue, a distance of
190.00 feet to a point on the North line of lot
351 in said Edison Park Addition to the City of
South Bend, Indiana, said point being the place of
beginning for this description: thence continuing
North 0°-00 ' -00" West, a distance of 65. 00 feet:
thence North 90°-00 ' -00" East, parallel with the
North line of lots 351 through 359, inclusive, a
distance of 505. 00 feet to a point on the West
line of lot 362 in said Edison Park Addition:
thence South 0°-00 ' -00" East, along said West
line, a distance of 55.00 feet to the Northwest
corner of lot 361 in said Edison Park. Addition:
thence South 45°-00 ' -00" West, along the
Northwesterly lines of lots 360 and 361 . a
SECTION II . That the. Real Estate is not being used for Park
purposes and is not needed for Park purposes.
SECTION III . That the Park Board does not contemplate use of the
Real Estate for Park purposes, that the Real Estate is not required
for Park purposes., and that on January 20, 1992, the Park Board
adopted a resolution authorizing the sale of the Real Estate: in
exchange for the provision by the School Corporation of certain
improvements to Edison Park, as set forth in said resolution, a true.
and complete copy of which is attached hereto, in order to facilitate
the expansion of the Edison Middle School campus by the School
Corporation.
SECTION IV. That it has since been made apparent that terms of
said Resolution misstated the agreed upon terms of the transfer and
that the correct consideration to be provided by the School
Corporation to the Park Department in exchange for the transfer of
the Real Estate is as follows: the resurfacing and repair of the.
Edison Park tennis courts; the reconstruction of the. Edison Park
softball diamond; the provision of playground equipment at. Edison
Park; and the lighting of various improvements at Edison Park, all of
which improvements are to the direct benefit of Park Department
programs and activities.
SECTION V. That the benefit to the. Park Department of the.
improvements to be provided to that portion of Edison Park leased by
the Park Department and controlled by the. Park Board, as set forth
herein, and in exchange for the transfer of the Real Estate, meets or
exceeds the fair market value of the Real Estate.
SECTION VI. That the Common Council of the City of South Bend.
hereby finds it to be in the best interests of the City of South. Bend
and South Bend Park Department:
1. That title to the Real Estate be transferred from the
Municipal. City of South Bend for the use of its Park Department
and/or Board of Park Commissioners to the South Bend Community School.
Corporation, pursuant to. I.C. 36-10-4-9(c) ( 8) and 36-10-4-18, under
those terms and conditions recited herein.
2. That the. Board. of Park Commissioners of the City of South
Bend, and. the South Bend Community School. Corporation adopt
substantially identical resolutions pursuant to I.C. 36-1-11-8, to
memorialize the terms and conditions of the transfer of the Real.
Estate from the Municipal City of South Bend for the use of its Park
Department and/or Board. of Park Commissioners to the South Bend
Community School. Corporation.
3 . That the President of the Board of Park Commissioners of the.
City of South Bend execute, and the secretary of the Board of Park
Commissioners of the City of South Bend attest to the execution of, a
quit-claim deed to effectuate the transfer of the Real Estate.
SECTION VII. That the Common Council of the City of South Bend,
Indiana, hereby approves and directs transfer of the Real Estate from
the Municipal City of South Bend for the use of its Park Department
and/or Board. of Park Commissioners to the South Bend Community School
Corporation, all pursuant to and consistent with the findings made.
herein.
SECTION VIII. This Ordinance shall be in full force and effect
upon passage by the. Council and approval by the Mayor.
5,......--....,.8,x, 1)
., \,��,,,,,��:d City of South Bend
/Sr / Joseph E. Kernan, Mayor
Department of Law
Richard A. Nussbaum, II, City Attorney
January 29, 1992
Mr. Stephen Luecke, President
South Bend Common Council.
Fourth Floor, County-City Building
South Bend, IN 46601
Re: An Ordinance Concerning the Transfer of
Park Property to the South Bend Community
School Corporation - Edison Middle School
Dear Mr. L� ck .
I am attaching, for filing, a substitute version of the
above-referenced bill. A new Section IV has been added to identify
the agreed-upon consideration coming back to the Park Department in
exchange for the proposed transfer of park property to the School
Corporation.. Should the. Council approve this bill at its special
meeting to he held February 3rd, the Park Board, at its. February 17th.
meeting, will consider a resolution confirming the terms of and.
effectuating the proposed transfer.
Thank you for your consideration. Please feel free to call if
you have any questions.
Sincerely,
II
e /12C6-2-1-" --J2.4----
enny Pit s Manier
4lee
Chief Assistant City Attorney
JPM/j 1
Attachment
1400 County-City Building • South Bend, Indiana 46601 • 219/284-9241
Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski
Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld
•
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�D.0 sC
Olt/ ` SOUTH BEND COMMUNITY SCHOOL CORPORATION
) \ 635 SOUTH MAIN STREET SOUTH BEND, INDIANA 46601
'
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January 21, 1992
Mr. Stephen Luecke
President, Common Council
City of South Bend
227 W. Jefferson
400 County-City Building
South Bend, Indiana 46601
Dear Mr. Luecke:
The Park Department at its meeting on January 20, 1992, approved a resolution
seeking approval of the Common Council for the Park Department to enter into a
property transfer with the School Corporation. An ordinance has been filed with
the City Clerk to that effect. This letter serves to explain how the approval
of the ordinance at the January 27, 1992, Common Council meeting, which would
require a suspension of the rules, would greatly advance the Edison Middle School
project.
The property transfer between the Parks Department and School Corporation is
necessary for the School Corporation to remodel and expand the Edison Middle
School. This transfer must occur prior to the sale of bonds to finance the
construction. The sale of bonds is currently scheduled to occur on February 11,
1992. Should the council not approve the ordinance permitting the transfer of
the land by the Park Department to the School Corporation at the January 27,
1992, meeting, the bond sale may not occur on February 11, 1992. A delay of the
bond sale will result in construction not beginning as scheduled. A delay in the
starting of construction would no doubt result in a delay of the completion of
the Edison Middle School project. By suspending the rules and adopting the
ordinance at the January 27, 1992, Common Council meeting, the bond sale could
occur as scheduled without delay. Your help in this matter would be greatly
appreciated.
Sincerely,
Dr. Monte R. Sriver
Superintendent
c: R. McMichael
Pf
.
'41- 8 X11
'Ili
i : \\\1IV;'S� d City of South Bend
/ Joseph E. Kernan, Mayor
‘‘N ___865,_
Department of Public Parks
Karl T. Stevens
Superintendent
January 22, 1992
Mr. Steven Luecke
President
South Bend Common Council
4th Floor, County-City Building
South Bend, Indiana 46601
Re: An Ordinance of the Common Council of the City of South
Bend, Indiana, Concerning the Transfer of Park Property to
the South Bend Community School Corporation
Dear Mr. Luecke:
I am attaching for filing, an ordinance approving the transfer of
certain Park Department property to the South Bend Community School
Corporation, in exchange for the making of certain improvements by
the School Corporation to Edison Park. The property to be
transferred to the School Corporation will allow for the expansion of
the Edison Middle School campus. The proposed transfer was approved
by the Park Department at its meeting of January 20, 1992.
Due to the timing of the sale of bonds to finance the Edison
Middle School expansion, the School Corporation has asked that we
respectfully petition the Council to suspend its rules and give the
bill first and second reading and public hearing at its January 27th
meeting. It is our belief the proposed expansion and property
transfer are in the best interest of the City and Park Department and
urge the Council to suspend its rules to accommodate the needs of the
School Corporation and project.
Please feel free to call if you have any questions.
Sincerel
lk\`‘) 1\ - ‘\\Ny.118"
Karl T. Stevens
Park Superintendent
301 S. St. Louis Boulevard • South Bend, Indiana 46617 • 219/284-9401
Administration Operations Cemeteries Potawatomi Zoo Joseph J. Radecki
Robert C. Niezgodski Richard Riddle Randy Nowacki Phil Frost, Director Security
284-9401 284-9414 214 N. Elm 284-9800 284-9401
284-9458
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Ca the Ctamman (ftou*wtl of zip Cittg of$mdI;
Your Committee of the Whole
to whom was referred
BILL NO.
13-92 A BILL OF THE SOUTH BEND COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, CONCERNING THE TRANSFER OF PARK
PROPERTY TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello
Chairman