HomeMy WebLinkAboutResolution No 39-2021 - Transfer of a Certificate of Delinquent Real Estate Tax Sale Lien from The Board of Commissions - 1408 Elwood Drewrys INTER-OFFICE MEMORANDUM
Department of Law City of South Bend 227 W Jefferson Blvd
TO: Board of Public Works, Laura Hensley, Clara McDaniels
FROM: Sandra Kennedy, Corporation Counsel
SUBJECT: Resolution 39-2021 – Acceptance of Tax Sale Certificate
DATE: December 16, 2021
Members of the Board, Ms. Hensley, and Ms. McDaniels:
As you may know, the property located at 1408 Elwood, also known as the former Drewrys
Brewery site, was on the tax sale list due to delinquent real estate taxes. The site has also been
the subject of years’ worth of Code violations and the current owner has been ordered by IDEM
to clean up the site. To date, the taxes due with regard to the site have not been paid, and St.
Joseph County has agreed to transfer the tax sale certificate to the City.
Once the City is in possession of the tax sale certificate, by statute we must allow 120 days for
the current owner to redeem the property by paying the taxes and a penalty. If the property is
not redeemed, the City may then petition the court for the issuance of a tax deed. After the tax
deed is issued, the City will proceed to file a quiet title action against the property, to ensure
that no other person or entity claims ownership. At the close of the quiet title action, the City
will have a clear title to the property. If uncontested, this process will take approximately 9
months. If contested, it will take longer.
While the above process is ongoing, the City will be performing due diligence with respect to
the property, including obtaining a Phase I and Phase II environmental report, title reports, and
surveys. The City intends to remediate the property under the BUILD Act of 2018, which
modified CERCLA. As a part of this, the City will also seek comfort letters from EPA and IDEM
pertaining to the work to be performed at the site.
We are requesting that the Board of Public Works accept the transfer of the tax sale certificate
for 1408 Elwood and authorize the City’s Legal Department through its Corporation Counsel,
Sandra Kennedy, and the City’s Department of Community Investment through its Director of
Neighborhoods, Pamela Meyer, to perform or cause the performance of any action necessary
to secure a Tax Title Deed to the property.
RESOLUTION NO. 39-2021
A RESOLUTION OF
THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS
ACCEPTING THE TRANSFER OF A CERTIFICATE OF DELINQUENT REAL
ESTATE TAX SALE LIEN FROM
THE BOARD OF COMMISSIONERS OF ST. JOSEPH COUNTY, INDIANA
WHEREAS, St. Joseph County, Indiana (the “County”) is the owner of a Certificate of
Delinquent Real Estate Tax Sale (“Certificate”) lien against certain real property located within
the City of South Bend (the “City”), which Certificate was obtained by the County pursuant to the
tax sale process; and
WHEREAS, the care, custody, and control of County real estate is vested in the County’s
Board of Commissioners (the “Commissioners”) pursuant to Indiana Code Section 36-2-3.5-4; and
WHEREAS, the City has requested that the County transfer the Certificate described in
Exhibit A to the City of South Bend, Indiana, Board of Public Works (the “Board”); and
WHEREAS, the Board exists pursuant to Indiana Code Section 36-4-9-5 and holds real
property owned by the City pursuant to Indiana Code Section 36-9-6-3; and
WHEREAS, the County is willing to transfer the Certificate to the Board upon payment of
One Dollar ($1.00) and the Board’s agreement to assume any recording and transfer costs
associated with said transfer; and
WHEREAS, the Indiana Code Section 36-1-11-8 provides for the transfer of the Certificate
between governmental entities by adoption of substantially equivalent resolutions; and
WHEREAS, on December 21, 2021, the Commissioners are adopting a resolution
substantially equivalent to this resolution setting forth the terms and conditions of the transfer of
the Certificate between the County and the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA,
BOARD OF PUBLIC WORKS AS FOLLOWS:
1. The Board hereby accepts the conveyance of the Certificate described in Exhibit A
from the County in accordance with Indiana Code Section 36-1-11-8.
2. For and in consideration of the conveyance of the Certificate, the City shall pay to
the County through the St. Joseph County Auditor, the sum of One Dollar ($1.00), and the City
shall assume all recording costs and transfer fees.
3. The Board authorizes Pamela Meyer of the City’s Department of Community
Investment and/or Sandra Kennedy of the City’s Department of Law to perform and/or cause the
performance of any action required by Indiana Code Sections 6-1.1-24-9(d) and 6-1.1-25-1 et seq.
to secure the Tax Title Deed, as well as to execute any other document necessary to affect the
Board’s acceptance of the conveyance.
4.This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on December 21, 2021 held in person at 1308 County City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601 and electronically as authorized by the Governor's Executive Order 20-09,
as subsequently renewed.
December 21, 2021
EXHIBIT A
Certificate of Delinquent Real Estate Tax Sale
(see attached)
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 16, 2021
Name Sandra Kennedy/Pamela Meyer
Department
Legal/DCI
BPW Date December 21, 2021 Phone Extension 9241
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name McDaniels
Dept. Attorney Attorney Name Kennedy
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name St. Joseph County Board of Commissioners
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Resolution authorizing certain DCI staff to sign documents related to closing
the acquisition of the Coal Line Trail from Norfolk Southern.
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
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( %)
Time Extension Amount:
New Completion Date: