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HomeMy WebLinkAboutAppropriating $3,500,000.00 Water Related Raceway (East Raceway)ORDINANCE No. 1039 -82 Passed by the Common Council of the City of South Bend, March 15, �9 82 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, March 16, -82 /"C:- `' Clerk Of Common Council IRENE K. GAMMON Approved and signed by me 0 '' t-d- / L Ig f Z Clerk ORDINANCE NO. 2j:3 _d, AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) TO BE APPLIED ON THE CONSTRUCTION AND SITE DEVELOP- MENT OF A WATER RELATED RACEWAY (EAST RACEWAY), CONSTRUCTION OF A WALKWAY WITH LIGHTING BENEATH THE WEST END OF THE JEFFERSON STREET BRIDGE, A WALKWAY WITH LIGHTING IN PLAZA PARK AND HOWARD PARK, AND PURCHASE OF LAND NECESSARY FOR THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY) BY THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the Board of Park Commissioners of the Park District of the City of South Bend, Indiana, has determined and found that it will be of public utility and benefit and for the best interests of the citizens and property in the Park District of the City of South Bend to provide for various improvements, works of construction and property acquisition in an amount not exceeding Five Million Eight Hundred Thousand Dollars ($5,800,000.00); and WHEREAS, said Board of Park Commissioners by a Preliminary Appropriation Resolution passed the 16th day of November, 1981, found that the Park District of the City of South Bend has no funds available or provided for in the existing budget and tax levy which may be applied on said projects, making it necessary to authorize the issuance of bonds of the Park District of the City of South Bend in order to procure such funds and that an extraordinary emergency exists for the making of the additional appropriation hereinafter set out; and WHEREAS, a petition has been filed under the provisions of I.C. 6- 1.1 -20 -3 by five thousand two hundred and eighty -nine (5,289) owners of taxable real estate located within the Park District of the City of South Bend, Indiana, requesting said Board of Park Commissioners to issue bonds in an amount not exceeding Five Million Eight Hundred Thousand Dollars ($5,800,000.00) for the purpose of providing funds to be applied on the costs of said improvements, works of construction and property acquisition, which petition said Board of Park Commissioners found to be sufficient under the provisions of said statute; and WHEREAS, said Board of Park Commissioners by a Preliminary Bond Resolution passed on the 16th day of November, 1981, determined to proceed with a portion of the improvements and works of construction described in said Petition, those improvements and works of construction being construction and site development of a water related raceway (East Raceway) and the construction of a walkway with lighting beneath the west end of the Jefferson Street bridge and a walkway with lighting in Plaza Park and Howard Park, the estimated cost of said improvements and works of construction and the incidental expenses necessary to be incurred in connection with the projects and the issuance of bonds including architect and engineering fees and the cost of the sale of the bonds which is in the approximate amount of Two Million Nine Hundred Thousand Dollars ($2,900,000.00); and WHEREAS, said Board of Park Commissioners additionally determined by said Preliminary Bond Resolution to proceed with a portion of the property acquisition described in said Petition, the property acquisition being the purchase of the parcel of property described in the Confirming Resolution passed by said Board of Park Commissioners on the 30th day of December, 1980 as "Parcel IV - East Race" which purchase of land is necessary for the construction and site development of a water related raceway (East Raceway), the estimated cost of said purchase and the incidental expenses necessary to be incurred in connection with said purchase or acquisition and the issuance of bonds including architect and engineering fees and the cost of the sale of bonds, which is in the approximate amount of Six Hundred Thousand Dollars ($600,000.00); and WHEREAS, said Board of Park Commissioners received a petition signed by three thousand five hundred and seventy -eight (3,578) owners of taxable real estate located within the Park District of the City of South Bend requesting said board not to issue bonds for the purpose of procurring funds to be applied on the cost of the improve- ments and works of construction and property acquisition on which said Board determined to proceed as described above; and WHEREAS, said Board of Park Commissioners determined by resolution passed on the 26th day of February, 1982, that the petition requesting that bonds not be issued was insufficient; and WHEREAS, said Board of Park Commissioners determined by Final Bond Resolution passed on the 26th day of February, 1982, to make a loan in the amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) for the purpose of providing funds with which to pay the costs of said improvements and works of construction and acquisition of property and the incidental expenses necessary to be incurred in connection with said projects and purchases and the issuance of bonds including architect and engineering fees and the cost of the sale of bonds; and WHEREAS, the Council now finds that said improvements, works of construction and property acquisition are necessary and will be of general benefit to the City and its citizens; and WHEREAS, the Council now finds that the City has no funds available or provided for in the existing budgets and tax levies which may be applied on said improvements, works of construction and property acquisition, making it necessary to authorize the issuance of bonds of the City in order to procure the required funds and the Council now determines that an extraordinary emergency exists for the expenditure of more money that was set out in the published budget and the making of the additional appropriation hereinafter set out. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: SECTION 1. That the sum of Three Million Five Hundred Thousand Dollars ($3,500,000.00) be and the same is hereby appropriated for application on the costs of the construction and site development of a water related raceway (East Raceway) and the construction of a walkway with lighting beneath the west end of the Jefferson Street bridge and a walkway with lighting in Plaza Park and Howard Park, and the acquisition of a parcel of property described in the Confirming Resolution passed by the Board of Park Commissioners of the Park -2- District of the City of South Bend, Indiana, on the 30th day of December, 1980, as "Parcel IV - East Race" which purchase of land is necessary for the construction and site development of a water related raceway (East Raceway), and the incidental expenses necessary to be incurred in connection with the projects and the issuance of bonds including architect and engineering fees and the costs of the sale of bonds. SECTION 2. This ordinance shall be in full force and effect from and after passage and signing by the Mayor. Passed and adopted by the Common Council of the City of South Bend on the 15- day of , 1982. NOT ANPROVED REFERRED PASSED 3 . %J- .rQ -3- L41D IN CLERK'S OFFICE FEB 2 11,82 Irene Gammon C11Y Ciq t SOUTH BEND, IND. Richard L. Hill City Attorney Robert M. Parker Chief Deputy Thomas L. Bodnar Gregory D. Loughridge James A. Masters Carolyn V. Pfotenhauer Robert C. Rosenfeld Eugenia S. Schwartz Kathleen E. Skiba CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County -City Building, 4th Floor South Bend, Indiana 46601 Dear Members of the Council: February 26, 1982 219/284 -9241 Attached is an ordinance approving the issuance of bonds of the Park District of the City of South Bend for the construction of the East Race Project. The approval of the bonds by the Common Council is required by Indiana law. These bonds have been petitioned for by 5,289 owners of real pro- perty within the City. At a special meeting of the Park Board held at 3:00 p.m. on Friday, February 26, 1982, the Park Board passed a Final Bond Resolution which determined to issue Park District Bonds in the amount of $3,500,000.00 for the East Race construction and property acquisition. After the passage of this ordinance, the State Board of Tax Com- missioners will consider the approval of the bonds, the approval of the additional appropriation and the matter of the objecting petitions. It is hoped that all necessary approvals will be received so that the bonds can be sold in the month of April per- mitting construction of the East Race Project to begin during the month of May. Your favorable consideration of this ordinance is requested. Since ly, 4�hardL. Hill City Attorney RLH /smp Enc. Tommutre Irpart go the taommon MomuU of the tatty of .6auth Ikub: Your Committee to whom was referred BILL NO. 23 -82 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) TO BE APPLIED ON THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY), CONSTRUCTION OF A WALKWAY WITH LIGHTING BENEATH THE WEST END OF THE JEFFERSON STREET BRIDGE, A WALKWAY WITH LIGHTING IN PLAZA PARK AND HOWARD PARK, AND PURCHASE OF LAND NECESSARY FOR THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY) BY THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE TO THE COUNCIL FAVORABLE. JOHN VOORDE '....en, "lg� rueuse... m n I It