01/17/94 Board of Public Works Minutes

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052 REGULAR MEETING disposing agent before the to the highest responsible shall be made in accordance JANUARY 17, 1994 date of sale. All sales shall be made bidder. Advertisement of the sale with Indiana Code 5-3-1. ADOPTED this 17th day of January, 1994. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE ACCESS AGREEMENT - MARATHON OIL COMPANY Board Attorney Mary H. Mueller submitted to the Board an Access Agreement between the City and Marathon Oil Company, 539 South Main Street, Findley, Ohio. Mrs.. Mueller noted that the Marathon Oil Company requires access to a portion of the right-of-way of Olive Street at Lincolnway West to install two (2) monitoring wells in order to complete environmental testing. The Agreement indicates that the City is willing to grant access to this area for this purpose under the terms and conditions as set out in the Agreement which includes a hold harmless clause. Therefore, Mr. Caldwell made a motion that this Agreement be approved and executed. Mrs. Manier seconded the motion which carried. APPROVE CONSENT.TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Elmer R. Graber, President, Veterinary Management Consultants, Inc. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide. sanitary sewer service to property located in the subdivision known as "Fernwood at Cleveland", (Key Nos. 02-1020-0430.01, 02- 1020-0429, 02-1020-0437.01 and 02-1-20-0437.02), South Bend, Indiana, Veterinary Management Consultants, Inc., and Elmer R. Graber, individually, 424 Dixie Way North, South Bend, waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Leszczynski made a motion that the Consent be approved. Mrs. Manier seconded the motion which carried. APPROVE ADDENDUM TO AGREEMENT - INDIANA MICHIGAN POWER COMPANY (RELOCATION OF POWERLINE) Mr. Leszczynski advised that submitted to the Board today is an Agreement among the South Bend Redevelopment Authority, the City of South Bend and Indiana Michigan Power Company, for the relocation of a powerline in the 2010 Project area. It is noted that this Addendum is required to clarify the responsibilities of the parties under Paragraph 2 of the Agreement which was approved by the Board on October 12, 1992. It is noted that as requested by the Authority and the City, portions of I&M's facilities will be located on property owned by the Indiana Toll Road Commission. Therefore, Mrs. Manier made a motion that this Addendum be approved. Mr. Caldwell seconded the motion which carried. I 1