02-23-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING FEBRUARY 23, 2009 processes other than the public hearing process required by state statute. It was completely in control by the Redevelopment Commission at that point. Subsequently the law changed and now any amendment that requires Common Council approval now required IEDC approval and he thought that a more expeditious process would be this process acquiring through the Board of Public Works and then reimbursing with TIF. Mr. Rouse stated that the agreement was already made several months ago, this is not something that is being done now, it like kind of closing the door on an agreement that was made back in 2008. Mr. Inks stated that is correct. Councilmember Varner asked for clarification on the Sheehan property. He stated that the property was on the market and had been advertised on the market which is why the approach was made to the Sheehan’s. He stated that there was no solicitation for the property. He questioned whether the City approached the Lichner or the Jentz. Mr. Inks stated that there was no solicitation of property. He stated that the alignment path for the Auten Connector had already been pretty much set and the Sheehan property was right in that alignment path, so it was a combination of the City needing the right-of- way for the connector and the property that was needed coming on the market and being available. Councilmember Varner made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) RESOLUTION NO. 3952-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE AND SALE OF SOUTH BEND REDEVELOPMENT AUTHORITY LEASE RENTAL REFUNDING BONDS (MORRIS PERFORMING ARTS CENTER PROJECT) WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council") is the fiscal body of the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission") is the governing body of the South Bend Redevelopment District (the "District"); and WHEREAS, the South Bend Redevelopment Authority (the "Authority") has been created pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, and as an instrumentality of the City to finance local public improvements for lease to the Commission; and WHEREAS, the Authority previously entered into a lease with the Commission dated as of May 1, 1997, as amended (the "Lease"), which Lease was heretofore approved by this Common Council and pursuant to which Lease the Authority leased to the Commission certain local public improvements, namely the Morris Performing Arts Center, which includes the Morris Civic Center and certain portions of the Palais Royale facility and related improvements; and WHEREAS, the Authority previously issued its Lease Rental Revenue Bonds of 1998 (Morris Performing Arts Center Project) (the "Prior Bonds") for the purpose of acquiring, constructing, renovating and equipping the Morris Performing Arts Center; and 22