Requesting and Empowering the Board of Public Works of the City of South Bend to petition the St. Joseph County Drainage Board for the admission of the municipal drain commonly known as "Bowman Creek", into the County Drainage System

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RESOLUTION NO. A RESOLUTION REQUESTING AND EMPOV!ERING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TO PETITION THE ST. JOSEPH COUNTY DRAINAGE BOARD FOR THE ADMISSION OF THE MUNICIPAL DRAIN COMMONLY KNOWN AS "BOWMAN CREEK ", INTO THE COUNTY DRAINAGE SYSTEM OF ST. JOSEPH COUNTY AS A LEGAL DRAIN. PURPOSE AND INTENT: There is no City agency with the mission, the resources or the expertise to address the ongoing problems of the Bowman Creek. These problems include cleaning, dredging, maintenance of underground structures such as culverts, and maintenance of aboveground structures such as railings. The Bowman Creek enters the City on Ireland Road east of Olive Street. It then flows northeasterly through the AM General plant, north of the Sibley Foundry, past the First Bank & Trust Company branch at Ewing and Michigan, through the Riley Hiah School field, through the Studebaker Golf Course, through the Studebaker School field, through Ravinia Park, through the Northern Indiana Public Service Company facility on Pennsylvania Avenue, under the Conrail and Grand Trunk tracks, past the fire station at Lincoln Way East and finally into the St. Joseph River somewhat south of Sample Street. If the Bowman Creek is designated as a legal drain, the St. Joseph County Drainage Board could then levy an assessment on the property owners of South Bend. This assessment would not be limited by the "frozen" tax levy. The proceeds from the assessment would then be used to address the maintenance problems of Bowman Creek. The costs, damages and expenses of the improvement of said drain within the county drainage system will be less than the benefits that will be derived by the land likely to be benefitted by such improvements. The improvements to such drain will improve the public health by draining lands owned by the City of South Bend and its citizens. Proposed improve- ments to structures will improve the public safety by correcting deficiencies in guard rails which are in gross disrepair. NOW, THEREFORE BE IT RESOLVED, by the Common Council of the Civil City of South Bend that: SECTION I. The Common Council of the City of South Bend petition the St. Joseph County Drainage Board for the admission of the municipal drain, commonly known as "Bowman Creek" into the St. Joseph County drainage system as a legal drain. SECTION II. The Board of Public Works is hereby requested and given the authority to file such petition before the St. Joseph County Drainage Board. SECTION III. from and after the Mayor. PRESENTED NOT APPROVED ADOPTED This resolution shall be in full force and effect its adoption by the Common Council and approved by FILED fill 01 ;l's MAY 2 11. 1980 Irene Gammon CITY CLERK, SOUTH BEND, IND.