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REGULAR MEETING SEPTEMBER 27, 2010 294
<br />WHEREAS, the City has determined that it is necessary to obtain a perpetual utility
<br />easement within the City, related to the Water /Wastewater Radio Telemetry System Project
<br />( "Project "), which Project will serve a public purpose, be of benefit to the health or general
<br />welfare of the City, and be in the best interest of the citizens of the City; and
<br />WHEREAS, pursuant to Indiana Code §36 -9 -6 -3 and Indiana Code §32- 24 -2-4, the
<br />City of South Bend, Indiana, Board of Public Works ( "Board ") is the entity vested with the
<br />authority and power to acquire, receive, manage and care for the property of the City and to
<br />construct the Project; and
<br />WHEREAS, the Perpetual Utility Easement Property will be used by the City during
<br />construction on the Project for a water booster station, and upon completion of the Project, the
<br />Perpetual Utility Easement Property will serve a public purpose, will be of benefit to the health
<br />or general welfare of the unit, and be in the best interest of the citizens of the City and more
<br />particularly described at Exhibits "A- and B "; and
<br />WHEREAS, the Board desires to authorize staff to present and negotiate an offer for the
<br />Perpetual Utility Easement Property on behalf of the Board subject to the Board's final approval
<br />of any negotiated purchase of the Perpetual Easement Property; and
<br />WHEREAS, the acquisition price of all of the Perpetual Utility Easement Property is not
<br />expected to exceed Five Thousand and 00 /100 Dollars ($5,000.00).
<br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of
<br />Public Works, as follows:
<br />1. The Board hereby finds that the Project and the acquiring of the Perpetual
<br />Easement Property will serve a public purpose, will be of benefit to the health or general welfare
<br />of the unit, and be in the best interest of the citizens of the City and that it is necessary for the
<br />City to acquire the Perpetual Easement Property for the use of the municipality in order to
<br />complete the Project.
<br />2. The staff of the Board is authorized and directed to cause a notice of this
<br />resolution to be published in a newspaper of general circulation published in the City once each
<br />week for two (2) consecutive weeks, setting this resolution for further consideration on October
<br />25, 2010, at 9:30. A.M. in Room 1308, County -City Building, 227 West Jefferson Boulevard,
<br />South Bend, Indiana, at which time and place the Board will receive or hear remonstrances from
<br />persons interested in or affected by this resolution, consider those remonstrances, if any, and take
<br />final action confirming, modifying or rescinding this resolution.
<br />3. The staff of the Board is further authorized to make an offer in writing to the
<br />owner(s) identified in Exhibits "A and B" at the concurred -on price stated in Exhibits "A and
<br />B". Any negotiated purchase shall be subject to the Board's final approval. In negotiating the
<br />offers, it is understood that the owner(s) of the Perpetual Easement Property may change and that
<br />staff may continue to negotiate and secure the Perpetual Easement Property prior to the date of
<br />final consideration of this resolution provided that the final amount not to exceed Five Thousand
<br />and 00 /100 Dollars ($5,000.00).
<br />ADOPTED at the meeting of the City of South Bend, Indiana, Board of Public Works held on
<br />September 27, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
<br />Indiana 46601.
<br />CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS
<br />s/ Gary Gilot
<br />s/ Donald Inks
<br />s/ Carl Littrell
<br />ATTEST:
<br />s /Linda Martin, Clerk
<br />APPROVAL OF AGREEMENTS /CONTRACTS /PROPOSALS /ADDENDA
<br />The following Agreements /Contracts/Proposals /Addenda were submitted to the Board for
<br />approval:
<br />
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