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HomeMy WebLinkAboutResolution No. 185 Disposition of Certain Personal PropertyRESOLUTION NO. 185 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY REGARDING THE DISPOSITION OF CERTAIN PERSONAL PROPERTY AND MATTERS RELATED THERETO WHEREAS, the South Bend Redevelopment Authority (the "Authority "), a body corporate and politic and as an instrumentality of the City of South Bend, Indiana (the "City "), exists and operates under the provisions of Indiana Code Section 36 -7 -14.5, as amended from time to time (the "Act "); and WHEREAS, the Authority owns the local public improvement commonly known as the College Football Hall of Fame building (the "CFHOF ") and has leased the CFHOF to the South Bend Redevelopment Commission (the "Commission "); and WHEREAS, the Commission leased the CFHOF to the College Football Hall of Fame Foundation (the "Foundation ") for their use as a museum and cultural and activity center; and WHEREAS, the lease to the Foundation has been terminated and the Foundation has vacated the CFHOF, leaving behind and abandoning certain furniture, fixtures and appliances still located in the CFHOF; and WHEREAS, the Commission is in the process of locating another tenant for the CFHOF and desires that the Authority dispose of the furniture, fixtures and appliances still in the CFHOF which will enhance and facilitate the Commission's marketing of the CFHOF; and WHEREAS, the Northern Indiana Historical Society, Inc. ( "NIHS ") is an Indiana non- profit corporation created in part to operate the Center for History, a local cultural and historical museum in the City; and WHEREAS, the Authority and the staff of the Commission have determined that the furniture, fixtures and appliances have little or no value to the Authority, the Commission or the City, the cost of maintaining or disposing of such furniture, fixtures and appliances exceeds what value the furniture, fixtures and appliances may have and are surplus property; and WHEREAS, the staff of the Commission has determined that the furniture, fixtures and appliances will aid the NIHS and other non -profit cultural, historical and scientific organizations in their missions of operating and maintaining libraries and museums, and cultural, historical and scientific facilities and programs in the City; and WHEREAS, the Authority desires to dispose of the furniture, fixtures and appliances to the NIHS and to other non - profit cultural, historical and scientific organizations without compensation in order to make the furniture, fixtures and appliances available for use by non- profit cultural, historical and scientific organizations in furtherance of their missions of operating and maintaining libraries and museums, and cultural, historical and scientific facilities and programs in the City and to dispose of any furniture, fixtures and appliances which cannot be used by the NIHS and other non - profit cultural, historical and scientific organizations; and WHEREAS, pursuant to Indiana Code 36- 10 -2 -4, the City, and the Authority, as an instrumentality of the City, may aid libraries and museums, and cultural, historical and scientific facilities and programs; and WHEREAS, because Indiana Code 36 -10 -2 lacks a specific process for the disposition of personal property, the Authority desires to authorize the staff of the Commission to dispose of the furniture, fixtures and appliances by way of the authorizations contained in this Resolution; and WHEREAS, the Authority now desires to authorize Scott Ford, or his designee, to approve such documents as may be necessary to effect the transfer of the furniture, fixtures and appliances to NIHS or other non -profit cultural, historical and scientific organizations which operate or maintain libraries or museums, or cultural, historical or scientific facilities and programs in the City and to dispose of any furniture, fixtures and appliances which cannot be used by the NIHS and other non - profit cultural, historical and scientific organizations. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Authority as follows: 1. The Authority hereby approves the transfer of the furniture, fixtures and appliances to NIHS or other non - profit cultural, historical and scientific organizations which operate or maintain libraries or museums, or cultural, historical or scientific facilities and programs in the City without compensation and at the sole discretion of the staff of the Commission and the disposition of any furniture, fixtures and appliances which cannot be used by the NIHS and other non - profit cultural, historical and scientific organizations. 2. The Authority hereby authorizes Scott Ford, or his designee, to execute such documents as may be necessary, on the advice of legal counsel, to effect the transfers authorized by this resolution pursuant to Indiana Code 36- 10 -2 -4. 3. This Resolution shall be in full force and effect upon its adoption by the Authority. ADOPTED at a meeting of the South Bend Redevelopment Authority held on June 5, 2013, at the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. SOUTH BEND REDEVELOPMENT AUTHORITY ATTEST: Vice-Preside Ygnalure Jose A a, rez 7Ym %iSecretary