04/10/08 and 04/14/08 Board of Public Works Regular Meeting

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~ S V LAI~ lYA.liE Y Al V APRIL 14.200 WI-IE AS, the City of South Bend, Indiana (the "City"} is a rnunicipality for purposes of Indiana Code §32-24-2; and WPIE AS, pursuant to Indi a Cade §36-9-6-3 and Indiana Cade ~3C-1-10.5-1, the City of South Bend, Indiana, Board of Public Worlcs (the ward) is the entity vested with tl~e authority and power to acquire, receive, manage and care far the property of the City and to oversee the Project; and WIDE AS, an Larch 24, 200, tl~e Eoard approved and adapted Resallition No. 14-200 entitled a" SOLUTION LATED TO AC~LTISITION OF PROPERTY IN Tldl; CIT'~ Off' SO~TTII SEND, INDIANA (NAPOLEON ST ~ ET - I,O`I' 31 }" (the "I~etlaratary Resolution"}; and WPIE AS, the Declaratory Resolution fo d and determined that it is necessar ~ open, change and layout a street located within the City, to-wit: Napoleon Street at and. arou intersection with State Raad 23 (the "Project"}, which Project will serve a public purpose, ~ ~ benefit to the health or general welfare of the unit, and be in the best interest of the citizens og ~u~e City and Lot Numbered Thirty-one (31} as shown on the retarded Plat of Idartman and Woodworth's Addition to the City of South fiend. (the "ROW Property"} in order to tornplete the ProjeCtg and WIdE ~AS, pursuant to Indiana Code §32-24-2-6, the ward has reused a no ~Q ~, concerning the passage of the Declaratory Resol~.ation to be published once eaCl~ week for ~ Consecutive weeps in a newspaper of general Circulation published in South fiend, Indiana, r setting the Declaratory Resolution for farther Consideration on April 14, 200, at 9;30 a.rn. i~~ Rooix~ 130, County®City Building, 227 West Jefferson boulevard, South Eend, Indiana; a~~d~ W~IE AS, the hoard deems itself duly advised far purposes of taping final action on the Declaratory Resolution and now desires to take such final action and make the necessary findings an atcordante with Indiana Code X32-24-2-6. NOW, TPIE ~FO , I3E IT SOI,~IED, by t11e City of South fiend, Indiana, I~~ _ , Public Works, as fallowso 1. `f'lee ward lsereby finds that the Project and the acquiring of the 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. 2. The ward hereby finds that rice acquisition of the ROW Property is necessary to Complete the Project. 3. The ward hereby tonf"ir~x~s the Declaratory Resolution (Resolution No. 1 approved and adopted an l~arCh 24, 200, in all respects, which, pursuant to Indiana Code §y.- - 24-2-6, is Conclusive as to all persons.