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HomeMy WebLinkAbout1991-03-08 Resolution 331 RESOLUTION N0. 33 /,. A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY ESTABLISHING AND. ADOPTING A PROCEDURE FOR THE PURCHASE OF PROPERTY NEEDED OR CONSIDERED USEFUL IN CONNECTION WITH ANY REDEVELOPMENT-PROJECT OR PURPOSE OF THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, pursuant to I.C. 36°7-14.5 and Ordinance No. 7844-87 of the Common Council of the City of South Bend, Indiana, there has been created the South Bend Redevelopment Authority (the eeAuthorlty'~) ; and,. WHEREAS, pursuant to I.G. 36-7-14 and Ordinance No. 4121-56 of the Common Council of the City of South Bend, Indiana, there has been created the South Bend Redevelopment Commission (the °pCommission") ; and WHEREAS, I.C. 36-7-14.5-12 sets forth the powers of the Authority, and includes among those powers the power to purchase and hold any real property needed or considered useful in connection with. any redevelapm~nt project ar purpose of the Commission; but WHEREAS, I.C. 36-7-14.5 fails to establish procedures governing the purchase of real property by the Authority; and • WHEREAS, I.C. 36-1-10.5, governing the purchase of real property by political subdivisions and their agencies, explicitly exempts the Authority from its application; and WHEREAS, neither any other provision of the Indiana Code nor any rule, regulation, or bylaw of the Authority, or ordinance or resolution of the South-Bend Common Council establishes procedures governing the purchase of real. property by the Authority; and WHEREAS, the Authority is desirous of establishing and adopting procedures governing its purchase of real property needed or considered useful in connection with any redevelopment project or purpose of the Commission.; and WHEREAS, the Authority is more. particularly desirous of establishing and adopting procedures governing. its purchase of real property included, pursuant to I.C. 36-7-14-15, -17.5, -41, or -43, on a list of properties to be acquired by the Commission under a plan for a redevelopment or economic development area, in connection with which plan the real property in question is needed or considered useful; and WHEREAS, since the purchase of property in such circumstances by the Authority will be in furtherance of a project or purpose of the South Bend Redevelopment. Commission, the Authority has determined that it is advisable and in its best interests to establish procedures substantially similar to those governing the purchase of property by a redevelopment commission, as set forth in I.C. 36-7-14. '.,r • NUPr~I, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDE~IELOPMENT AUTHORITY AS FOLLOWS: 1. There shall be, and the same hereby are, established and adopted by the Authority, procedures governing the purchase of real property included, pursuant to I.C. 36-7-14-15, -17.5, -41, or-43, ~,n'a list of properties to be acquired by the Cammisson (the "'Property" ) ( the 11Acquisition List°` ) under a plan ( the "Plan'°) for a redevelopment or economic development area, in connection with which Plan the Property is needed or considered useful, which procedures are as follows: A. These procedures. apply. to the purchase by the Authority of Property on the Acquisition List under the Plan, in connection with which Plan. the Property is needed or considered useful, as determined by the Authority. B. Subsequent to the inclusion of the Property on the .Acquisition List by-the.Cor~tmission, should the Authority determine that the Property is needed ar considered useful in connection with. the Plan, the Authority shall adopt a Resolution declaring its intent to acquire the Property, and authorizing the staff to procure two (2} independent appraisals of 'tYie fair market value of the Property. The appraisers must be: • (1), professionally ..engaged in making appraisals; or (2) licensed under L.C. 25-34.1: Provided, however, that. if the Property is less than five (5) acres in size and the fair market value has kieen appraised at less than ten thousand dollars ($10,040.04), the second appraisal may be made by a qualified employee of the department of redevelopment of the City of South Bend. C. The appraisers shall be asked to return their appraisals within thirty (30) days of their appointment. D. If the Commission. has procured within twelve (12) months of the time,at which the Authority determines the Property is needed ar considered useful in connection with the Plano two (2) independent appraisals of the Property, performed by persons qualified hereby to make such appraisals on behalf of the Authority, the Authority may ratify the appointment of .such appraisers and accept. such appraisals for its own purposes hereunder. E. Subsequent to the return or ratification. of said .appraisals, the Authority shall-adopt a resolution confirming its intent to acquire the Property, establishing • the price to be offered for the Property, which-price may not exceed the average of said appraisals, .and authorizing the Authority staff to negotiate with. the owner(s) of the Property, or their authorized agent(s) for the purchase of • the Property. F. The prices established by-the confirming resolution may not be exceeded unless specifically authorized by the Authority. G. No option, contract, or understanding relative to the purchase of the Property is binding ora the. Authority until approved and accepted by the Authority in writing, H. The Authority may authorize the payment of a nominal fee to bind an option and as part of the consideration for the conveyance may agreed to pay the expense incident to the conveyance and determination of the title of the property. I. Payment for the Property shall be made when and as directed by the Authority but only upon delivery of property instruments conveying the title or interest of the owner to the "South Bend Redevelopment Authority.!° 2. The procedures set forth immediately above in paragraph 1, shall not apply to purchase of real property by the Authority from another governmental entity, in which case the Authority shall, and does hereby agree to, operate.. in accordance • with those procedures set forth in I.C. 36-1-11-8. 3. The procedures established and adopted hereby by the Authority sha11 be in effect from from and after the adoption of this resolution. Adopted at a meeti~g of the South Bend Redevelopment. Authority held on the ~ day of ~r ~ti , 1991, at 1200 County-City Building, South Bend, Indiana. 46601. SOUTH BEND REDEVELOPMENT AUTHORITY Jo eph oblewski, President An re Gammage, Vice Preside ~~ Donald Fewell, Secretary/Treasurer JPM/REDS/3:RA-RES