07/24/12 Board of Public Works Minutes

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REGULAR MEETING s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk JULY 24, 2012 247 ADOPT RESOLUTION NO. 40 -2012 — RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (EDISON ROAD LEFT TURN LANE AT GORDON DRIVE) Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 40-2012 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, . INDIANA (Edison Road Turn Lane at Gordon Drive Project) WHEREAS, the City of South Bend, Indiana ( "City ") is a municipality for purposes of Indiana Code §32- 24 -2 -2; and WHEREAS, the City has determined that it is necessary to open, change or layout a street located within the City, to -wit: Edison Road Added Left Turn Lane at Gordon Drive ( "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 §32- 24 -2-4, the City of South Bend, Indiana, Board of Public Works is the entity vested with the authority and power to acquire, receive, manage and care for the property of the City 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 temporary right -of -way of parcels as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Temporary ROW Property is owned by the persons or entities set forth in Exhibit "A "; and WHEREAS, the Temporary ROW Property will be used by the City during construction on the Project in order to adjust new curbs to match the new roadway and turn lane being built, and upon completion of the Project, the Temporary ROW Property will be returned to the persons or entities set forth in Exhibit "A" ; and WHEREAS, the Board desires to authorize staff to present and negotiate offers for the Temporary ROW Property on behalf of the Board subject to the Board's final approval of any negotiated purchase of the Temporary ROW Property; and WHEREAS, the acquisition price of all of the Temporary ROW Property is not expected to exceed Eighteen Thousand Four Hundred and 00 /100 Dollars ($18,400.00). 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 Temporary ROW Property will serve a public purpose, 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 Temporary ROW Property for the use of the municipality in order to complete the Project. 2. The staff of the Board is authorized and directed to cause a notice of this resolution to be published in a newspaper of general circulation published in the City once each L F��