04/24/12 Board of Public Works Minutes

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REGULAR MEETING APRIL 24, 2012 148 ADOPT RESOLUTION NO. 23 -2012 — A RESOLUTION FOR THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AUTHORIZING CONDEMNATION TO ACQUIRE PROPERTY FOR PUBLIC USE IN THE CITY OF SOUTH BEND INDIANA SHERIDAN- LINCOLN WAY WEST PROJECT —107 -039 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 23-2012 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AUTHORIZING CONDEMNATION TO ACQUIRE PROPERTY FOR PUBLIC USE IN THE CITY OF SOUTH BEND, INDIANA (Sheridan -LWW Project 107 -039) WHEREAS, the City of South Bend, Indiana (the "City "), is a Municipal Corporation authorized by Indiana Code (I.C.) § 36 -1 -4 -5 to acquire interests in property by the power of eminent domain; and WHEREAS, the City has determined that it is necessary for construction of certain public improvements known as Project 107 -039 located within the City of South Bend (the "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, I.C. § 32 -24 -2, et seq., provides for the procedures by which the City may exercise the power of eminent domain; and WHEREAS, I.C. § 32- 24 -2 -5 provides that a municipality may, as an alternative, choose to proceed pursuant to I.C. § 32 -24 -1, et seq., instead; and WHEREAS, the City is a municipality for purposes of I.C. § 32 -24 -1; and WHEREAS, pursuant to I.C. § 36- 9 -6-- -4 and I.C. § 32 -24 -1, the City of South Bend, Indiana, Board of Public Works (the "Board ") is the entity vested with the authority and power to acquire property for the 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 order to properly complete the Project it is necessary to acquire and the City wants to acquire certain property interests as more fully described in Exhibit "A" and Exhibit `B" (collectively the "Property "), said exhibits being attached hereto and incorporated herein; and WHEREAS, the Property is owned by the persons or entities set forth on Exhibit "C "; and WHEREAS, the Property will be used by the City to lay out and construct the proposed Project; and WHEREAS, the Board desires to authorize condemnation actions to acquire the necessary interests in the Property. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board hereby finds that the Project and the acquiring of the Property will serve the public purpose of laying out and constructing a public right of way, will 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 that it is necessary for the City to acquire the Property for the use of the municipality in order to complete the Project. 2. The Board elects to utilize those eminent domain procedures articulated in I.C. § 32 -24 -1, et seq. and authorizes and directs the City Attorney of the City of South Bend (or the