Resolution No. 54-2016 - Revising Sidewalk and Curb Replacement Program

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RESOLUTION NO. 54-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REVISING THE FULLY SUBSIDIZED SIDEWALK AND CURB REPLACEMENT PROGRAM WHEREAS, pursuant to Ind. Code §36-9-6-2, and Ind. Code §36-9-6-3, the City of South Bend, Indiana Board of Public Works ("Board") has authority over the use of public rights of way and is responsible for the supervision of streets, alleys and other property of the City; and WHEREAS, the Board's authority over streets and sidewalks is similarly granted in accordance with Section 18-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board is empowered under Ind. Code §36-9-36-17 with the discretion to require the owners of abutting property to construct or repair the owners' own sidewalks or curbs; and WHEREAS, there are approximately 750 miles of sidewalks and similar amount of curbing within the City of South Bend; and WHEREAS, there are economies of scale in having construction completed on multiple adjacent properties; and WHEREAS, in 2014, by Resolution No. 50-2014, the Board substantially amended its voluntary sidewalk and curb replacement program between the City and property owners wishing to participate in the curb and sidewalk replacement program by limiting it to City homeowners and making it a reimbursement program, and by adopting a separate sidewalk and curb replacement program for certain City residents whose sidewalks and/or curbs are in poor or very poor condition, with eligibility for this program