01/24/12 Board of Public Works Meeting

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REGULAR MEETING JANUARY 24, 2012 22 Ms. Greene stated the purpose of this resolution was to reimburse the NNRO for costs associated with the acquisition of two properties and settlement of the condemnation proceedings, acquired for right -of -way development. She noted until a funding source was determined, the Board should adopt the resolution contingent upon financing. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works contingent upon confirmation of financing: RESOLUTION NO. 07-2012 RESOLUTION AUTHORIZING ADMINISTRATIVE SETTLEMENT RELATED TO , ACQUSITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (Eddy Knolls Right -of -Way Project) WHEREAS, pursuant to Indiana Code § 32- 24- 2 -2the City of South Bend, Indiana ( "City ") is a municipality; and WHEREAS, the City acting by and through its Board of Public Works ( "Board ") has determined that it is necessary for construction of permanent right -of -way identified as "Eddy Knolls Street' located within the proposed Eddy Knoll P.U.D. ( "Project') which Project will serve a public purpose, be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City; and WHEREAS, pursuant to Indiana Code § 36 -9-6 -3 and Indiana Code § 36-1- 10.5 —Ithe Board is the entity vested with the authority and power to acquire property for use of the City or to open, change, lay out or vacate a street in the City including a proposed street and to construct the Project; and WHEREAS, in accordance with its Resolution No. 38 -2010 adopted by the Board on June 14, 2010 determined that in order to properly complete the Project, it is necessary to acquire a permanent interest in all of certain properties located at 1050 Burns Street (Tax Key No. 018- 5099 -3500) and 1054 -1056 Burns Street (Tax Key Nos. 18 -5099 -3497 and 18 -5099 -3493) , (collectively the "Properties "); and WHEREAS, Resolution No. 38 -2010 further established an offering price for each parcel of $114,000.00 and $74,000.00 respectively in accordance with eminent domain procedures established by Indiana law; and WHEREAS, in accordance with Indiana Code § 32- 24 -2 -1, acquisition of the Properties was initiated by the Board through an administrative condemnation proceeding which was appealed by the Property owners to the St. Joseph County Circuit Court as Cause No. 71C01- 1011 -PL -00235 and Cause No. 71C01- 1011 -PL- 00236; and WHEREAS, in order to settle the condemnation proceedings, a negotiated settlement was facilitated and reached through the efforts of a third party, the Northeast Neighborhood Revitalization Organization, Inc. ( " "NNRO "), a not - for - profit corporation organized under the laws of the state of Indiana created to promote community development within the City of South Bend, and the condemnation proceedings were dismissed; and WHEREAS, the Board desires to reimburse NNRO for the costs associated with acquisition of the Properties and settlement of the condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of I Public Works, as follows: 1. The Board hereby finds that the Project and acquisition of the Properties serves a public purpose, will be of benefit to the health or general welfare of the City, and is in the best interest of the citizens of the City and that acquiring the Properties is necessary in order to properly complete the Project. 2. The Board further finds that the services provided by NNRO to acquire the Properties to facilitate resolution of the condemnation proceedings also serves a