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HomeMy WebLinkAboutAmending Chapter 14.5 Entitled PropertyORDINANCE No 6137 -77 Passed by the Common Council of the City of South Bend, Indiana- April 13 -1977 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me April 14 �9 77 City Clerk of Common Council City Clerk IRENE K. GAMMON ORDINANCE NO. 6137 -77 AN ORDINANCE AMENDING CHAPTER 14.5, ENTITLED "PROPERTY ", AUTHORIZING THE BOARD OF PUBLIC WORKS TO SELL PROPERTY VALUED AT LESS THAN ONE THOUSAND DOLLARS ($1,000) AT A PRIVATE SALE, AND PROVIDING FOR ONE APPRAISAL OF PROPERTIES TO BE SOLD. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Chapter 14.5, Article 1, Sec. 14.5 -2(b) is amended as follows: (b) The Board shall appoint twe {2} one (1) licensed inde- pendent appraisers appraiser who are is a freehelders freeholder in the City of South Bend, Indiana, to ap- praise the particular property. Except in those cases where the Common Council authorizes the Board of Works to designate one licensed, non - independent appraisal. Ail appraisals The appraisal may be used only for the purposes of the Board, and shall be retained as part of the permanent record with respect to the disposition of the particular property. SECTION II. Chapter 14.5, Article 1, Sec. 14.5 -2(c) is amended as follows: (c) Based apen the appraisals submittedT the The Board shall establish a valuation for the property, which. may not be less than the average of the twe {2} ap- praisals appraised value as submitted by the appraiser. In establishing the valuation, the Board may consider, in addition to market value, any liens on the property and costs of disposition. SECTION III. Chapter 14.5, Article 1, Sec. 14.5 -2(d) is as follows: (d) Any property valued by the Board at less than one thousand dollars ($1,000.00) may be sold by the Board at private sale, without notice, for at least the sum of the evaluation. SECTION IV. follows: Chapter 14.5, Article 1, Sec. 14.5 -2 (e) is as (e) Unless otherwise specifically authorized by resolution of the Common Council, any property valued by the Board at one thousand dollars ($1,000.00) or more shall be sold by competitive bidding, as follows: (1) The Board shall prepare an offering sheet specifying the parcel, the physical characteristics, and the offering price, which shall be the valuation established by the Board. Copies of the offering sheet shall be available to the public on request. Map ' s. and plats concerning the particular property shall be kept in the offices of the Board for inspection by the public. * words deleted - -- * words added underlined (2) The Board shall publish a notice calling for sealed bids at not less than the offering price. Bids may be received in the offices of the Board until the time specified by notice for the opening; of bids. (3) The Board shall open all bids at its public hearing, and every bid opened shall be available for public inspection. The Board shall award the sale of the property to the highest and best bid equal to not less than the offering price. In determining the best bids, the Board shall consider, among other factors, the pro- posed use of the property zoning restrictions, the size and charac- ter of the property, the improvements proposed by the bidder, the bidder's plans and ability to make the improvements with reasonable promptness, whether the bidder will sell or rent the property after improvement, and the bidder's proposed sale or rental price. The award of a sale of any property on which the offering price was in excess of twenty -five thousand dollars ($25,000.00) shall be approv- ed by resolution of the Common Council before it may be deemed effective. (4) If either there is no bid received at least equal to the offering price, or no cash sale for any other reason, then the Board may call for bids by publication offering the property for sale at not less than the offering price on credit. in payments not to extend over a period of more than three (3) years, payable in equal quarterly installments with interest at a rate to be establish- ed by the Board payable in advance. In establishing; the rate of interest the Board shall give primary consideration to the rate then being charged by local lending institutions for similar transactions. The publication, bidding and award procedures shall be the same as set forth above. (5) If the Board does not receive installment bid for the property as a result #ken the property eaaaet may not be sold for e4 the Owe k24 apppaleale appraised value as appraiser without specific authorization by Common Council. an acceptable cash or of the above procedures, less than the avepage submitted by the resolution of the (6) Notice required by publication under this section shall appear in two (2) newspapers of general circulation in the City of South Bend on two (2) nonconsecutive days, the last notice to appear at least fourteen (14) days prior to the final date for receipt of bids which shall be the date on which the bids are opened. The pub- lished notice shall specify the general location of the property, any limitations on use of the property, the offering price, the date, time and place for opening bids, the deadline for receipt of bids, and any other information or bidding; requirements which the Board deems appropriate. SECTION V. Severability. If any provision, section, or part of any section of this ordi- nance is declared to be invalid or unconstitutional, such declara- tions shall not be construed to affect any of the other provisions, sections, or part of sections herein, and the remainder of the ordi- nance shall not thereby be invalidated. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor and legal publications. FILED IN CLERIC'S OFFICE .�N» isi i' `i— 'ADa�a0a �, i 1 NOT APPROVED _ REFERRED �-' - ��fe a ar P mon ASSED - 13 - 7 `) CL, C RK, OUTH BEND, 1ND, ov Member of the 7omrffoh Council R ,2 •�'' //Ss 3. aRk�l�. YSJ�L.i1 w�j L-i t. _i ..._i C:. <v .L z.., LiC?AI Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy CITY of SOUTH PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 March 9, 1977 South Bend Common Council County -City Complex 22.7 West Jefferson Boulevard South Bend, Indiana 466ol. Dear Members of the Common Council: 219/284 -9241 The Board of Public Works has been experiencing an increasing problem with regard to the sale of real property owned by the City of South Bend, insofar as the cost of appraisals often meets or exceeds the appraised value of the property. Therefore, we are submitting an ordinance which would help to alleviate this problem by reducing the number of independent apprais- als required for the sale of City owned property from two (2) to one (l). Furthermore, the proposed ordinance establishes procedures by which the Board may sell property valued by the Board at less than four thousand dollars ($4,000.00) without bids. These procedures parallel State law requirements for the purchase of materials and equipment by the City. It is hoped that this ordinance would help to standardize Board procedures, and facilitate the sale of city land. TJBjr /klh Varnr f-i+iil v trnii-na TammtUrr Irpar# Mo #!fie Mownron ( annrd of #ter Tug of onn# i1r1%: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 14.5 ENTITLED "PROPERTY" AUTHORIZING THE BOARD OF PUBLIC WORKS TO SELL PROPERTY VALUED AT LESS THAN FOUR THOUSAND DOLLARS ($4000) AT A PRIVATE SALE, AND PROVIDING FOR ONE APPRAISAL OF PROPERTIES TO BE SOLD. Respectfully report that they have examined the matter and that in their opinion THIS BILL BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Section I, paragraph (b): After the first sentence, add the following: Except in those cases where the Common Council authorizes the Board of Works to de- signate one licensed, non - independent appraisal. Section III, paragraph (d) delete in its entirety, and word as in the original ordinance. Section IV, paragraph (e) change amount to $1,000. FRANK HORVATH Chairman FRE[ PRESS PUBLISHING CO.