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HomeMy Public PortalAbout10-17-1950 - Special Session S OFFICE OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, SPECIAL SESSION, TUESDAY, OCTOBER 17, 1950. The Board of Public Works and Safety of the City of Richmond, Indiana, met in Special Session in its office in the City Hall in said City, Tuesday, October 17, 1950, at the hour of 9:00 otclock a.m. (c. s. t. �. Mr. H. G. Coleman presiding with the following members being present: Mr. William Edwin Ross and Mr. Clifford M. Haworth. The following business was had, to-wit: The following Resolution was read in full by Mr. Haworth: RESOLUTION WHEREAS, the City of Richmond is the owner of certain real estate bounded on the east and west by South Tenth Street, on the North by Park Place, and on the South by South C Street, and known as the Park, as laid out and dedicated by Bickle and Laws in their Addition to the City of Richmond, and being the same real estate described in a certain quitclaim deed by George W. Barnes and Elizabeth Barnes, his wife, as grantors, and the City of Richmond, Wayne County, in the State of Indiana, as grantee, said deed being dated the 5 day of November, A.D. 1872, and recorded in Deed Record #57, of Wayne County, Indiana, at page 289; and, WHEREAS, said real estate has been used and occupied as a public park commonly known as South Tenth Street Park, under the control and jurisdiction of the Board of Park Commissioners of the City of Richmond, Indiana; and, WHEREAS, the Board of Trustees of the School City of Richmond, Indiana, has heretofore adopted a resolution in which it was determined that: 1. That it is necessary to replace three (3) Elementary school buildings, now known respectively as Garfield, Vaile, and Finley, all in said City; and, 2. That in the best interests of the School City said school buildings should be replaced by the construction of one elementary school building centrally located; and, 3. That after a full and careful survey, it has been determin- ed the best site for the construction of such new Elementary school building is the ground now known as the South Tenth Street Park, and the ground west of South 10th Street facing said Park, extend- ing from South 10th Street to the alley running parallel to said South 10th Street between South 10th and South 9th Streets in said City; and, WHEREAS, the School City of Richmond, by and through its Board of Trustees, proposes to lease the real estate now owned by the City of Richmond, now used as a park, known as South Tenth Street Park, and described as aforesaid, said real estate to be used by said School City as a part of the site for such Elementary school buildings and grounds; and, WHEREAS, the Board of. Park Commissioners of said City has heretofore adopted a resolution in which it was determined that in the best interests of the City, its citizens and taxpayers, the use of said real estate as a park be terminated, and that the same be used by said School City as a part of the site for such Elemen- tary school buildings and grounas; and, WHEREAS, the Board of Trustees of the School City of Richmond and Board of Park Commissioners of City of Richmond have hereto- fore entered into a written contract and lease to become effective when ratified and approved by Resolution of the Board of Public Works and Safety of said City, and by Ordinance adopted by the Common Council of said City of Richmond, which written contract and lease is in words and figures, as follows, to-wit: AGREEMENT THIS AGREEMENT, Made and entered into this day of , 1950, by and between Frank Berheide, Ezra K. Longnecker, Walter P. Snavely and Herman C. Knarzer, members of and constituting the Board of Park Commissioners of the City of Richmond, Wayne County, Indiana, hereinafter referred to as Park Board, and Harold G. Coleman, W. Edwin Ross and Clifford M. Haworth, members of and constituting the Board of Public Works and Safety of said City of Richmond, hereinafter referred to as the Board of Works and Verlis A. Monroe, Mable B. Pilgrim, Harold C. Mills, Robert B. Williams and Robert E. Herbst, members of and constituting the Board of School Trustees of said City of Richmond, hereinafter referred to as School City, WITNESSETH: WHEREAS, said City of Richmond is the owner of certain real estate bounded on the east and west by South Tenth Street, on the north by Park Place, and on the South by South C Street, and known as the Park, as laid out and dedicated by Bickle and Laws in their addition to the City of Richmond, and being the same real estate described in a certain quitclaim deed by George W. Barnes and Elizabeth Barnes, his wife, as grantors, and the City of Richmond, Wayne County, in the State of Indiana, as grantee, said deed being dated the 5th day of November, A.D. 1872, and recorded in Deed Record 57, of Wayne County, Indiana, at page 289; and, WHEREAS, said real estate has been used and occupied as a public park commonly known as South Tenth Street Park under the control and 44 jurisdiction of said Park Board; and, WHEREAS, the Board of School Trustees of said city desires to occupy said real estate as a part of the site for the construc- tion, operation and maintenance of an Elementary school to replace three present elementary schools now known as. Garfield, Vaile and Finley Schools; and, WHEREAS, it is determined by each of the parties hereto that the interest of the public would be best served and it would be to the advantage of the citizens and taxpayers and school patrons of the City of Richmond that the use of said real estate as a park be terminated and that the same be used by said School City as a part of the site of such elementary school; and, WHEREAS, the Acts of the General Assembly for 1947, being Acts 1947, page 72, and also being Sections 26-2021 to 26-2026 inclusive , of the Revised Statutes of Indiana, 1948 Replacement, provides that any county, the city or town in which the county seat of such county is located, the corresponding school or town, and the township in which the county seat is located, or any two or more of such units may act jointly and contract relative to the location, acquisition, construction, improvement, maintenance, operation or use of grounds, buildings or other structures and facilities required for the use of such units, and that such contract may provide for the erection, equipment, operation and maintenance of the building or buildings by one or more units, either for the joint or several use of such units or any two or more of the same, on land then owned or to be acquired by one or more of the units. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1) That the City of Richmond for the consideration of One Dollar ($1.00) and other considerations, and upon the terms and conditions herein set forth, does hereby lease and rent to the School City of Richmond the real estate hereinabove described for the period of ninety-nine (99) years. The term of this lease shall begin whenever said School City shall acquire by purchase or condemnation the real estate fronting on the west side of South Tenth Street, to be used as a part of said school site, such date to be hereinafter endorsed on and become a part of this contract. 2) Said School City shall use such real estate as a part of the site for the construction, operation and maintenance of an elementary school building and grounds to replace three elementary schools now known as Garfield, Vaile and Finley Schools, and . shall erect thereon a school building and other structures and maintain proper grounds for athletics and playgrounds, and such other purposes as may in the judgment of the School City be proper and necessary in the operation and maintaining of such elementary school and its activities. 3) The School City shall pay all costs of the construction of said school building and other structures and shall maintain the 3 • same and maintain said grounds, and neither the Park Board nor the City of Richmond shall in anywise be obligated to pay or contribute to any part of the costs thereof. 4) The School City shall construct and maintain as a part of said school an auditorium-gymnasium, with a minimum seating capacity of One Thousand (.1000) , with appropriate dressing rooms, showers and other proper facilities, to be used in connection with such gymnasium, , such auditorium-gymnasium to be constructed at the same time and as a part of said elementary school building, and such auditorium-gym- nasium shall be, subject to the proper rules and regulations of said School City, available for use by the citizens of the City of Rich- ,., mond for athletic events and other public meetings. -; 5) Upon the termination of this lease , or upon the discontinu-- ance of the use of said real estate by said School City for such ‹ school purposes, prior to the termination of the period of this lease, said real estate shall revert to the City of Richmond, and the School City shall remove therefrom all buildings and other structures, in- cluding all foundations, and shall fill in all excavations, and sur- render full possession of said real estate to the City of Richmond. 6) This contract and lease shall be effective when ratified and approved by resolution of the Board of Park Commissioners of the City of Richmond, and the Board of, School Trustees of said City, and the Board of Public Works and Safety of said City and by ordinance adopted by the Common Council of said City of Richmond. IN WITNESS WHEREOF, said parties have hereunto set their hands this day of , 1950. s/ Frank Berheide (Frank Berheide) s./ E. K. Longnecker (Ezra K. Longnecker) s/ Walter P. Snavely (Walter P. Snavely) s/ Herman C. Knarzer (Herman C. KnTaTTFT BOARD OF PARK COMMISSIONERS (Harold G. Coleman) (W. Edwin Ross) (Clifford M. Haworth BOARD OF PUBLIC WORKS AND SAFETY s/ Verlis A. Monroe (Verlis A. Monroe) s/ Mabel B. Pilgrim (Mabel B. Pilgrim) s/ Harold C. Mills (Harold C. Mills) s/ Robert B. Williams (Robert B. Williamsj s/ Robert E. Herbst (Robert E. Herbst) BOARD OF SCHOOL TRUSTEES. NOW, THEREFORE, BE IT RESOLVED, that the Board of Public Works and Safety of the. City of Richmond approve and enter into said proposed written contract and lease as above set out for the purposes there- in contained. RESOLVED FURTHER, that the Board of Public Works and Safety execute said contract and lease on behalf of the City of Richmond and that the same shall be come effective when adopted by Ordinance by the Common Council of said City. Upon motion made by Clifford M. Haworth, and seconded by W. Edwin Ross, the above and foregoing Resolution was adopted by unani- mous vote of the members of the Board of Public Works and Safety. Thereupon, in compliance with said Resolution, the members of the Board executed said, contract for and on behalf of the City of Rich- mond. There being no further business presented, on motion made, seconded and carried, the meeting adjourned. 4115. "h/ Chairman Attest: A!A1m'. _ p . Clerk of. e Bo. rd% ��