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HomeMy WebLinkAbout1990-R-14 RESOLUTION NO. 90-R- /~ RESOLUTION DECLARING CITY'S INTEREST IN PURCHASING AND SUBSEQUENTLY DISPOSING BY LEASE OF CERTAIN REAL PROPERTY WHEREAS, Indiana, is recreational quality of life of City residents; and WHEREAS, the construction of a the common Council of the City of Jeffersonville, desirous of assisting in the addition of various activities and facilities which will enhance the Common Council further believes that the municipal golf facility would be of greatI benefit NOW, THEREFORE, BE the City of jeffersonville, 1. That the acquiring purposes to the Southern Indiana area. IT ORDAINED by the Common Council of Indiana, as follows: City of Jeffersonville is interested in the following described real property for of constructing a municipal golf course and amenities thereon: A Part of surveys no. 49, 50, 67, and 68 of the Illinois Grant, Jeffersonville, utica, and Silver Creek Townships, Clark County, Indiana, described as follows: Beginning at the north corner of survey no. 49, thence north 55 deg. east 45 feet along the survey line to a spike in the center line of the railroad track, 60 foot right-of-way, the true place of beginning, thence south 35 deg. 48' 10!' east 2320.23 feet along the track center line to a nail, thence south 55 deg. 15' 19" west 2248.37 feet along a fence to an iron pipe, thence north 35 deg. 00' 59" west 1133.74 feet to the north bank of Silver Creek at the low water line, thence north 35 deg. 00' 59" west 36.3 feet to a point on the north bank~ thence along the north bank of Silver Creek the following courses: North 44 deg. 43' 37" east 179.79 feet, north 42 deg. 33' 32" east, 178.91 feet~ north 60 deg. 28' 47" east, 193.24 feet, north 75 deg. 06' 16" east, 1984.84 feet, north 14 deg. 59' 39" east, 97.12 feet, north 9 deg. 48' 04" west 178.76 feet, north 19 deg. 24' 21" west 412.4 feet, north 24 deg. 44' 51" west 565.94 feet, thence north 55 deg. east 60 feet to the east bank of Silver Creek, thence along the east bank the following courses: North 28 deg. 38' 13" west 247.16 feet, north 33 deg. 06' 40" west 407.49 feet, north 18 deg. 33' 11" west, 297.69 feet, north 4 deg. 00' 08" west 869.66 feet, north 13 deg. 54' 33" west, 456.22 feet, thence south 55 deg. west 60 feet to the north bank of the creek, thence along the north bank the following courses: North 12 deg. 32' 10i' west 275.88 feet, north 2 deg. 32' 10" west 297 feet, north 27 deg. 07' 50" east 165 feet, north 32 deg. 07' 50" east 264 feet, north 43 deg. 27' 50" east 165 feet to the center line of the railroad track, 60 foot right-of-way, thence along the railroad track the following courses: South 25 deg. 42' 10" east 2347 feet, south 26 deg. 31' 50" east 131.75 feet, south 28 deg. 58' 43" east, 148.28 feet, south 33 deg. 13' 10" east, 261.77 feet to the true place of beginning, excepting therefrom the railroad right-of-way, 30 feet from the center line and containing after said exception 145.46 acres, more or less. subject to any and all easements and/or restrictions of public record which may apply to the above-described real estate. That the Mayor of the City of jeffersonville, Indiana, shall serve as purchasing agent subject to the limitations established herein for purposes of purchasing the hereinabove described property under the provisions of I.C. 36-1-10.5-5- That the Mayor of the City of jeffersonville, Indiana, as purchasing agent hereby appoints Marvin schmidt of the Reisert Company and chapman & Company as appraisers to appraise the fair market value of the above-described real property for the purposes set forth herein. That the Mayor as purchasing agent shall have the authority to hereafter purchase said real property for a price not to exceed the average of the appraised values returned by the appraisers appointed herein, provided that such appraisals are provided to the Common Council as required by That it 36-1-10.5.5(4)- is the intent of the City of jeffersonville, Indiana, to finance the construction of a municipal golf facility on said real property through the issuance of revenue bonds under the authority granted by I.C. 36-10-5-3, whereby said bonds shall be secured only by the revenues of the golf facility and the real property itself. As such, it is the intent of the City of jeffersonville, Indiana, to be reimbursed from such bond proceeds for the full amount of the purchase price of said real property, and for all expenses incidental thereto. That it is further the intent of the City of jeffersonville, Indiana, to take competitive bids in accordance with Indiana law for the construction of the municipal golf facility and amenities thereto and to cause those improvements to be made to the above-described real property within financial parameters to be established hereafter. Furthermore, the City of jeffersonville, Indiana, intends to lease the completed golf facility and amenities in order to minimize the administrative burden to the city and to assure that qualified personnel will be retained in order to keep and maintain the facility in a first class condition. That for all purposes of the disposal of said real property with the amenities constructed thereon by lease the Common Council of the City of jeffersonville, Indiana, shall serve as "disposing agent" pursuant to the provisions of i.c. 36-1-11 et seq. That the Common Council of the City of Jeffersonville, Indiana, as disposing agent in this matter hereby makes its written determination that the use of I.Co 36-1-11-10 is not feasible or desirable for the reason that the Council is primarily interested in assuring that the bonded indebtedness is retired by the revenues of the facility, and that additional revenues be returned to the City to provide additional recreational opportunities in both the golf program to be established and in other activities. It is also the intent of the City to build and operate a facility which can offer the most attractive rates for play by the citizens of Jeffersonville, and these rates would be adversely affected should the City to demand a greatly enhanced rental value for the property itself. 10. That the Common Council of the City of jeffersonville, Indiana, as "disposing agent" in this matter therefore specifically opts to use the alternate provisions of I.C. 36-1-11-12 for the purposes of disposing of the subject property by lease. By his signature to this Resolution the Mayor of the City of jeffersonville, Indiana, hereby affirms to the Common Council of the City of jeffersonville, Indiana, as disposing agent in this matter his recommendation that the alternate procedure of I.C. 36-1-11-12 be employed. A Request for Proposals shall subsequently be prepared for approval by the Common Council which shall thereafter be Indiana law. I.C. 36-1-11-12 entirety, the jeffersonville, matter shall make a appropriate response shall dispose of the 1990, by the Common Clark County, Indiana. published in accordance with After the procedures outlined in have been completed in their Common Council of the City of Indiana, as disposing agent in this determination as to the most to all submitted proposals and subject property in accordance with the terms of the most appropriate response. Passed and adopted this ~ ~ day of ~;~ ~ Council of the City of Jeffersonville~ ATTEST: C. RYdHARD SPENC , JR. city Presented by me as of jeffersonville, ,0~,'~- , ~99o. Approved and signed , 1990. Clerk-Treasurer to the Mayor of the Indiana, this ~/ day of E CLERK-TREASURER ~ by me this ~ / ,, day of ~AYO~--DALE L. OREM