HomeMy WebLinkAbout9395-03 Amend Chapter 2, Article 17, Providing for a Deposit prior to Advertising for Sale of PropertyORDINANCE No. 9395 3
Passed by the Common Council of the City of South Bend, Indiana
February 10,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
February 11,
20 03
03
20
City Clerk
esident of Common Council
Ciry Clerk
Approved and signed by me February 12, 20 03
Mayor
ORDINANCE NO. ~ 3 ~ ~ ° ~
ORDINANCE AMENDING CHAPTER 2, ARTICLE 17 OF THE
SOUTH BEND MUNICIPAL CODE PROVIDING FOR A
DEPOSIT PRIOR TO ADVERTISING FOR SALE OF PROPERTY
STATEMENT OF PURPOSE AND INTENT
From time to time the City will determine that certain real property with an assessed
value of less than $5,000 should be sold under IC 36-1-11-5 to an interested adjacent property
owner or other buyer. The usual procedure in such circumstances is that an interested party will
inquire as to the availability of the property, and the City will then advertise to sell the property
awarded to the highest bidder. Occasionally no bid is ever received, even from the person who
originally inquired. In those circumstances, the City of South Bend loses the cost of the
advertisement, plus labor and other associated costs. To help offset such costs, it is proposed that
a deposit be required of the person requesting that the property be advertised for sale.
NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON
COUNCIL as follows:
Section 1. Article 17 of Chapter 2 of the South Bend Municipal Code entitled "Charges
for Reports and Services" shall be amended by adding §2-206 to read as follows:
Section 2-206. Deposit Required Prior to Advertisement for Sale of Land
(a) A $100.00 per parcel deposit shall be required of any party (except for other
governmental entities and not-for-profit corporations qualified under 501(c) of the
Internal Revenue Code) who requests that the City sell a particular parcel of land
prior to advertisement.
(b) The deposit shall be collected by the Department of Public Works at
the time of the request and shall be applied as follows:
1. If the City determines for whatever reason that it cannot
or should not sell the property, the entire deposit shall be returned to
the requesting party.
2. If the property is put up for sale and no bid is received,
the deposit shall become the property of the City.
3. If the property is sold to someone other than the
requesting party, the deposit shall be returned to the requesting
party.
4. If the property is sold to the requesting party, the deposit
shall be applied to the purchase price.
(c) Nothing in this ordinance shall prohibit the Board of Public Works from
initiating the advertisement of property for sale.
Section 2. The Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Sout Bend Common Council
1st READING 1- Z~~ ~3
PUELIC HEARINGZ -~4~Q ~
'3rd READING 2,.~p~ C~~
NOT APPROVED
REfEP.RED
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-03 A BILL AMENDING CHAPTER 2, ARTICLE 17 OF THE SOUTH
BEND MUNICIPAL CODE PROVIDING FOR A DEPOSIT PRIOR TO
ADVERTISING FOR SALE OF PROPERTY
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Karl King
Chairman
1200COUNTY-CnY $UILDING
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9371
FAx 5741235-9021
TDD 5741235-5567
CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR
COMMUNITY BL ECONOMIC DEVELOPMENT
JON R. HUNT
EXECUTIVE DIRECTOR
January 22, 2003
Ms. Karen White, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: ORDINANCE AMENDING CHAPTER 2, ARTICLE 17 OF THE SOUTH BEND MUNICIPAL CODE
PROVIDING FOR A DEPOSIT PRIOR TO ADVERTISING FOR SALE OF PROPERTY.
Dear Ms White:
The City has a variety of vacant properties, that on occasion, it either offers up for sale or is approached by an
resident interested in buying it. The Indiana Code establishes a procedure for the sale of government-owned
property. Part of that procedure dictates that the sale is advertised. The Board pays for the advertisement, and the
cost is recouped upon transfer of title. In the recent past, several requests have been filed with the Clerk of the Board
of Public Works to purchase City-owned vacant lots, and after advertising, the petitioner fails to submit a bid. When
this happens, there is no way to recoup the advertising costs.
The ordinance would require a deposit that would help to ensure that The Board of Public Works does not only
receive frivolous requests, but also ensures that costs are reasonably recovered.
I will be available to present the ordinance and answer any questions. If you have any questions prior to that time,
please feel free to contact me at 235-5550. Thank you.
Since ly, I
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Larry Magli zi
Division of ommunity Development
cc: Kathy-Cekanski-Farrand
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COMMUNrTY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT ~
574!235-9660 574/235-9371 ELIZABETH LEONARD
FAX: 574/235-9647 5741235.9371