HomeMy Public PortalAbout003-2009 Dana Property City Bd of Wrks ResolutionBOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF RICHMOND, INDIANA
RESOLUTION NO. 3 -2009
WHEREAS, the Board of Public Works and Safety ( "Board ") is the disposing
agent for real property owned and to be transferred or acquired by the City of Richmond,
Indiana ( "City ") pursuant to the provisions of Indiana Code (IC) 36 -1 -11, et. seq. (the
"Act "); and
WHEREAS, Wayne County, Indiana ( "County ") intends to acquire ownership of
certain real estate that is located within the incorporated area of the City; that certain real
estate being more specifically described herein (the "Dana Property ") has accrued real
estate and city weed lien tax delinquencies as a consequence, in part, of the filing for
protection under the United States Bankruptcy Code by its former owner, Dana
Corporation; and
WHEREAS, the Dana Property consisting of two tax parcels #46- 30 -000-
203.000-29 and # 46 -19- 000 - 413.000 -29, commonly known as 2153 Williamsburg Pike,
Richmond, Wayne County, Indiana, has previously been offered for tax sale due to the
accrued real estate tax delinquencies, but said property has failed to sell at such tax sale;
and
WHEREAS, the Dana Property has been advertised for potential sale at an initial
commissioners' sale to be conducted by the Wayne County Board of County
Commissioners on or about July 9, 2009; and
WHEREAS, County and City have been engaged in discussions whereby County
would retain its title to the Dana Property and not permit the property to go to
commissioners' sale so as to transfer the Dana Property to City upon such terms and
conditions as to be agreed upon by County and the City's executive department; and
WHEREAS, City has applied for a Brownfield Grant from the state of Indiana to
pay for the costs of environmental remediation to and of the Dana Property (the
"Project "); and
WHEREAS, City needs to acquire the Dana Property from County to complete
the Project; and
WHEREAS, this Board, on behalf of City, recognizes the public good and
benefit that would result from the completion of the Project and is willing to accept the
conveyance of the Dana Property on behalf of City in accordance with the terms of this
resolution.
City of Richmond Board of Public
Works & Safety Resolution No. 3 -2009
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED that this Board authorizes the City's
acceptance of the conveyance to the City of the Dana Property, subject to the following
terms and conditions:
1. Pursuant to IC 36- 1 -11 -8, no consideration will be charged by County or
paid by City for such conveyance at the time of the conveyance;
PROVIDED HOWEVER, should City sell or transfer the Dana Property,
or any portion thereof, prior to December 31, 2014, then it is agreed that
City shall pay to County at the time of closing on any such transfer the
sum of $28,000. Said sum represents the approximate amount of the
delinquent real estate tax revenues that have accrued on the Dana Property
and that would have been allocated for receipt into the County General
Fund. Should such a future sale or transfer fail to generate sufficient
revenues to pay both the accrued general fund tax delinquencies due the
County and the similarly accrued general fund tax delinquencies due the
City, then the parties agree to share on a pro -rata basis based upon their
respective accrued tax delinquencies, the net sale proceeds generated by
such future sale of the Dana Property.
2. City agrees to indemnify and hold harmless County for any losses, claims,
damages, defense costs and attorneys fees, costs of clean up and /or
remediation of environmental hazards or conditions at, in, on or under the
Dana Property (including all environmental inspection fees and site
characterization costs) arising from County's acquisition of title to, and
ownership of, the Dana Property.
BE IT FURTHER RESOLVED that the City's Department of Law be, and is
hereby directed, to cause to be prepared all documents necessary or convenient to affect
the transfer of title to the Subject Real Estate as herein authorized and contemplated.
(End of Page 2 of Resolution — Signatures Follow)
City of Richmond Board of Public
Works & Safety Resolution No. 3 -2009
Page 3 of 3
Duly adopted this _6 day of August, 2009.
BOARD OF PUBLIC WORKS AND
SAFETY FOR THE CITY OF
RICHMOND, INDIANA
By: _ S /S Vicki Robinson
Vicki Robinson, President
S/S Dian Lawson
Dian Lawson, Member
S/S Mary Jo Flood
Mary Jo Flood, Member
_ S /S Sally Hutton
Honorable Sally Hutton,
Mayor of the City of Richmond, Indiana