04/23/1979 Board of Public Works Minutes

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27 REGULAR MEETING APRIL 23, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, April 23, 1979 by President Patrick M. McMahon, with Mr. McMahon, Mr, Brunner and Mr, Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETINGS APPROVED Mr. McMahon reported that the minutes of the last regular meeting on April 9 had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Mullen seconded the motion and it carried. Mr. McMahon reported an emergency meeting was held on April 12 to accept confirmation of insurance for use of a hot air balloon. He noted those minutes had been reviewed and made a motion that they be accepted. Mr. Brunner seconded the motion and it carried. Mr. McMahon reported that a special meeting was held on April 17 to accept an Engineering Contract with C. F. Murphy Associates for the First Bank Development and to consider Vacation Resolution No. 3467 Mr. McMahon made a motion that the minutes of the special meeting be approved. Mr. Brunner seconded the motion and it carried. AGENDA ITEMS ADDED Mr. McMahon made a motion that reports and adoption of Vacation. Resolution No. 3471 and the approval of two bonds be added to the agenda. Mr. Brunner seconded the motion and it carried. ADOPTION OF VACATION RESOLUTION NO. 3471 Mr. McMahon advised the Board that reports had been received from the Engineering Department, Community Development Department and the Area Plan Commission on the petition of the American National Bank and Trust Company to vacate the north -south alley east of Bendix Drive, from Green Street to Bonds Avenue. The departments report no objection to the vacation subject to utility easements and to the dedication of an easement to the City to provide for turning radius. Mr. McMahon noted receipt of a letter from the attorney for the petitioners indicating that they are willing to dedicate the necessary easement and requesting that their original petition be amended to show that an easement twenty feet in width off of the east side of Lot 35 will be dedicated to the City. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the reports were ordered filed and the request to amend the petition was approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the following resolution, which establishes the date for public hearing, was adopted: VACATION RESOLUTION NO. 3471 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: the first North -South alley east of Bendix Drive running from Green Street south to Bonds Avenue and the west 23' feet of the East -West alley running between Lots 29 and 35 of a Part of Westchester's First Sub. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities.