HomeMy Public PortalAbout026-1991 - ORDINANCE OF THE CITY OF RICHMOND APPROVING A LEASEORDINANCE NO. 26-1991
AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA,
APPROVING A LEASE FOR THE DANA PARKWAY/INDUSTRIES ROAD
PROJECT BETWEEN THE RICHMOND REDEVELOPMENT AUTHORITY
AND THE RICHMOND REDEVELOPMENT COMMISSION
WHEREAS, the Richmond Redevelopment Authority (the
"Authority") at a meeting on April 1, 1991, adopted Resolution
No. 2-91, which, among other things, approved -' proposed Lease
between the Authority and the Richmond Redevelopment Commission
(the "Commission") for the lease of the extension and improving of
Dana Parkway -Industries Road to a four (4) lane road from its
intersection with Williamsburg Pike in a westerly direction to the
present westerly terminus of Dana Parkway and the purchase of
property east of North loth Street and north of Main Street to
improve and use for parking purposes, together with all related
improvements to all of the above (the "Project") and directed the
Secretary -Treasurer of the Authority to file a copy of said Lease,
as approved, with the Commission; and
WHEREAS, the Commission, at a meeting on April 1, 1991,
adopted Resolution No. 91-2 approving said Lease, scheduled a
public hearing to be held on April 15,1991, regarding said Lease
pursuant to IC 36-7-14-25.2, which public hearing was continued and
readvertised for May 20, 1991, and authorized the publication of
a notice of such public hearing pursuant to IC 5-3-1; and
WHEREAS, on May 20, 1991, said public hearing was held
and all interested parties were provided the opportunity to be
heard at the hearing; and
WHEREAS, the Commission, at a meeting on May 20, 1991,
adopted Resolution No. 91-3 finding, pursuant to IC 36-7-14.5-14,
that the rental payments to be paid by the Commission to the
Authority pursuant to the Lease, at a rate not to exceed Two
Hundred Eighty -Two Thousand Dollars ($282,000) per year in
semiannual installments beginning on the day the Project is
completed and ready for use, or July 25, 1995, whichever is later,
and continuing through expiration of the Lease, are fair and
reasonable; and finding, pursuant to IC 36-7-14-25.2, that the use
of the Project throughout the term of the Lease will serve the
public purpose of the City of Richmond, Indiana (the "City") and
is in'the best interests of its residents; and
WHEREAS, said Resolution No. 91-3 further directed the
Secretary of the Commission to file with the Common Council of the
City (the "Common Council") an approving ordinance for the purposes
of said Council's finding, prior to execution of the Lease, that
the rental payments are fair and reasonable and that the use of the
Project throughout the term of the Lease will serve the public
purpose of the City and is in the best interests of its residents,
and for purposes of said Council's approving the Lease; and
WHEREAS, the Common Council desires to approve said Lease
pursuant to IC 36-7-14-25.2, which statute provides that any lease
approved by a resolution of the Redevelopment Commission must be
approved by an ordinance of the fiscal body of the unit.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF RICHMOND:
Section 1. That the Common Council finds that the rental
payments under the Lease, as approved by -the Commission, are fair
and reasonable, and further finds that the use of the Project
throughout the term of the Lease will serve the public purpose of
the City and is in the best interests of its residents.
Section 2. The Common Council hereby approves said
Lease, as approved by the Commission, pursuant to IC 35-7-14-25.2.
Section 3. If any part of this Ordinance shall be
adjudged to be invalid by a Court of proper jurisdiction, it shall
be conclusively presumed that the Common Council of the City would
have passed the remainder of the Ordinance without such invalid
part.
Section 4. This Ordinance shall be in full force and
effect immediately from and after its passage by the Common Council
and approval by the Mayor in the manner provided by law.
PASSED by the Common Council of the City of Richmond,
Indiana, on the 20th day of May, 1991.
President of Common Council
ATTEST:
City Cl rk
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this �( day of , 1991.
'V i /�i_ i
APPROVED by me, Frank H. Waltermann, Mayor of the City of
Richmond, Indiana, this day of , 1991.
Frank H. W ltermann, Mayor
ATTEST . r 22Z2- 4y im,/-
.City C erk
-2-