HomeMy WebLinkAboutAmending Chapter 14.5 Entitled Lease of the Municipal CodeORDINANCE No 6255 -77
Passed by the Common Council of the City of South Bend, Indiana_
November 14 19 77
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IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
November 15 -19_27_
Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by me 9'7 15- Ig? Z
Clerk
ORDINANCE NO. 6255 -77
AN ORDINANCE AMENDING CHAPTER 14.5, ARTICLE I,
SECTION 14.5 -3 ENTITLED LEASE OF THE MUNICIPAL
CODE OF THE CITY OF SOUTH BEND, INDIANA.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend recognizes that
city -owned real property should be used to its greatest economic
benefit. The Council further recognizes that the authority to
protect, maintain, and dispose of such interest in city -owned real
property is vested directly in the City.
Therefore, in the interest of providing a leasing procedure
of city -owned real property which assures fairness and equity,
the following bill is introduced.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana, as follows:
SECTION I. SECTION 14.5 -3 of the Municipal Code of the City
of South Bend is hereby amended to read in its entirety as follows:
SEC. 14.5 -3 Leasing of City -owned Real Property to.Non-
governmental Bodies.
(a) Any city -owned real property declared to be excess and
available for disposition as provided in Section 14.5 -2(a) may be
leased by the City.
(b) Any lease of city -owned real property shall be in writing
and submitted to the appropriate board for its approval..
(c) Upon the board's determination that a fair rental value
of such real property has been offered by the proposed lessee and
upon approval of said lease, the lease shall be submitted to the
Common Council with an appropriate resolution.
(d) Upon the adoption of such resolution and approval by the
Mayor, such lease shall be in effect between the City as lessor and
the lessee.
(e) All rents collected shall become a part of the appropriate
fund.
(f) This section shall apply to all city -owned real property
where the proposed lessee is a non - governmental body.
SECTION II. This Ordinance shall be in full force and effect
from and after its passage by the Common Council, and approval by
the Mayor.
Passed, as amended, November 14, 1977
CITY OF SOUTH BEND
COMMON
COUNCIL
JOSEPH T. SERGE
First District
WALTER M. SZYMKOWIAK
Second District
TERRY S. MILLER
Third District
ROGER O. PARENT
Fourth District
ROBERT G. TAYLOR
Fifth District
WALTER T. KOPCZYNSKI
Sixth District
MARY CHRISTINE ADAMS
At Large
RICHARD C. DOMBROWSKI
At Large
FRANK HORVATH
At Large
CITY OF SOUTH BEND
South Bend, Indiana 46601
October 14, 1977
Members of the Common Council
South Bend, Indiana
Dear Fellow Members:
AREA 219 284 -9321
441 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601
I am submitting the attached bill for your
review and consideration.
It is my firm belief that city -owned real
property should be used to its greatest
economic benefit.
I believe that all transactions regarding
the leasing of city owned property regardless
of size must be fair and equitable to all
parties concerned. We must safeguard the
interests of the taxpayers of our community
by insuring that the City operates in a true
business -like manner.
Sincerely,
Mary riristine Adams
Tomntturr Irpoi r#
Rio #lit Tommon Tounril of i4r OtH of oor# j.prtt :
Your Committee Personnel & Finance Committee
to whom was referred
A BILL AMENDING CHAPTER 14.5, ARTICLE I,
SECTION 14.5 -3, ENTITLED LEASE OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA.
November 7, 1977
Respectfully report that they have examined the matter and that in their opinion This bill should be re-
commended favorable to the Council, with the following amendment:
Sec. 14 -5 -3 (b) change Board of Public Works to read "appropriate
board."
The reasons for the approval of this bill are;
1. Council's responsibility to deal with fiscal matters.
2. Precedent is set, as Council must approve disposition -of
City -owned property.
3. This procedure will insure the check - and - balance system.
4. Precedent has been set as the Administration presented the
lease for the Art Center's use of Century Center for Council
approval last year.
5. Many of the leases tie -up the property for more than one year.
Committee Members attending:
Kopczynski
PRE[ PRESS PUBLISHING CO.
Mary Christine Adams
Chairman
Frank Horvath, Richard Dombrowski, Walter