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PUBLIC AGENDA SESSION APRIL 24, 2008 <br />purpose, be of benefit to the health or general welfare of the unit, and be in the best interest of <br />the citizens of the City; and <br />WHEREAS, pursuant to Indiana Code § 36 -9 -6 -3 and Indiana Code § 36 -1- 10.5 -1 the <br />City of South Bend, Indiana Board of Public Works (the ABoard @) is the entity vested with the <br />authority to receive, manage and care for the property of the City and to oversee the Project; and <br />WHEREAS, the Board has previously authorized the Staff to continue negotiating the <br />purchase of the property set forth at Exhibit A (the "ROW Property "); and <br />WHEREAS, the owner of the ROW Property and the Staff have agreed upon a purchase <br />price of Fourteen Thousand Four Hundred Fifty -five and 59/100 Dollars ($14,455.59); and <br />WHEREAS, the Board finds that the negotiated purchase pride is reasonable and should <br />be approved, ratified and confirmed; and <br />WHEREAS, the acquisition of the ROW Property does not exceed Twenty -five <br />Thousand and 00/100 Dollars ($25,000.00). <br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of <br />Public Works, as follows; <br />1. The Board hereby accepts the counter -offer made by the owner and approves, <br />ratifies and confirms the acquisition of the ROW Property, as described in Exhibit A, for a <br />purchase price of Fourteen Thousand Four Hundred Fifty -five and 59/100 Dollars ($14,455.59). <br />2. Upon receipt of the filly executed Warranty Deed, the Clerk of the Board of <br />Public Works of the City of South Bend, Indiana, is hereby authorized and directed to cause the <br />recordim of said warranty deed in the Office of the St. Joseph County Recorder. <br />ZD <br />3. That this Resolution shall be in full force and effect upon its adoption. <br />Adopted at a meeting of the City of South Bend, Indiana, Board of Public Works held on <br />April 28, 2008, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, <br />Indiana 46601. <br />BOARD OF PUBLIC WORDS <br />CITY OF SOUTH BEND, INDIANA <br />CITY Y OF SOUTH BEND <br />BOARD OF PUBLIC WORDS <br />sl Gary Giot <br />s/ Donald Inks <br />ATTEST: <br />s /Linda Martin, Clerk <br />ADOPT RESOLUTION NO. 22 -2008 — A RESOLUTION SETTING ACQUISITION PRICE <br />FOR PROPERTY LOCATED IN THE CITY OF SOUTI BEND, INDIANA. (NAPOLEON <br />STRE ET — LOT 32) <br />Upon a motion made by Mr. Inks, seconded by Mr. Griot and carried, the following Resolution <br />was adopted by the Board of Public Works: <br />RE SOLUTION NO. 22 -2008 <br />A RESOLUTION SETTING ACQUISITION PRICE FOR PROPERTY LOCATED IN THE <br />CITY OF SOUTH BEND, INDIANA (NAPOLEON STREET — LOT 32) <br />WHEREAS, the Board of Public Worts of the City of South Bend, Indiana (the "Board ") <br />previously adopted Resolution No. 17 -2008, entitled "A RESOLUTION CONFIRMING <br />ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (NAPOLEON <br />STREET — LOT 32)" on April 14, 2008, which confirmed the Board's desire to acquire the real <br />property located in St. Joseph County, Indiana, and described as follows: <br />