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REGULAR MEETING DECEMBER 17, 2020 234
<br />TABLE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR MORE,
<br />2020 OR NEWER, THREE-QUARTER TON CREW CAB FOUR WHEEL DRIVE PICK-UP
<br />TRUCK — SPEC T (PR-00005409)
<br />In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to
<br />advertise for the receipt of bids for the above referenced project. Ms. Martin stated Mr. Hudak
<br />has requested this item be tabled. Therefore, upon a motion made by Ms. Maradik, seconded by
<br />Mr. Molnar and carried by roll call, the above request was tabled.
<br />ADOPT RESOLUTION NO. 34-2020 — A RESOLUTION OF THE CITY OF SOUTH BEND,
<br />INDIANA BOARD OF PUBLIC WORKS APPROVING SETTLEMENT OF
<br />CONDEMNATION CLAIM
<br />Mr. Molnar stated he would like to thank the staff that have worked on this project for their years
<br />of work to get this done. Mr. Gilot agreed and stated he tried to get this done back when he was
<br />Director of Public Works. He noted the Railroad wanted $400,000 for the property and with
<br />condemnation costs of $200,000, the $600,000 price makes sense to him. Upon a motion made
<br />by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the following Resolution was
<br />adopted by the Board of Public Works:
<br />RESOLUTION NO.34-2020
<br />A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC
<br />WORKS APPROVING SETTLEMENT OF CONDEMNATION CLAIM
<br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board")
<br />exists pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of South
<br />Bend, Indiana (the "City") pursuant to Indiana Code Section 36-9-6-3, and is authorized to
<br />acquire by condemnation or purchase real or personal property needed by the City for public use
<br />pursuant to Indiana Code Section 36-9-6-4; and
<br />WHEREAS, the City has been working through the Board and the Department of Community
<br />Investment ("DCI") to plan and develop a multi -use trail along an abandoned railway corridor
<br />that once brought coal to the University of Notre Dame campus (the "Coal Line Trail"); and
<br />WHEREAS, the City, through its agents, has been acquiring properties along the Coal Line
<br />Trail for the development, including a 10.48 acre parcel and an abandoned railway bridge over
<br />the St. Joseph River (the "Property") owned by Norfolk Southern Railway Company ("NSRC");
<br />WHEREAS, negotiations with NSRC failed, and the City through the Board filed a
<br />condemnation complaint against NSRC for the Property;
<br />WHEREAS, on December 9, 2020, the City, represented by DCI and members of the
<br />Department of Law, engaged in a mediation with NSRC for the purchase of the Property and
<br />settled upon a purchase price therefor, which purchase price has been approved by the Mayor.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND,
<br />INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS:
<br />1. The Board hereby ratifies and approves the acquisition of the Property at the
<br />mediated purchase price of Six Hundred Thousand Dollars ($600,000.00).
<br />2. The Board authorizes members of the Department of Law to negotiate the
<br />remaining terms of the settlement agreement on its behalf.
<br />3. The President and Clerk of the Board, or their designees, are authorized and
<br />instructed to execute and attest, respectively, the final settlement agreement as negotiated by the
<br />Department of Law and executed by Corporation Counsel.
<br />4. This Resolution will be in full force and effect upon its adoption by the Board.
<br />ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works
<br />held on December 17, 2020, held electronically as authorized by the Governor of the State of
<br />Indiana through Executive Order 20-09, as subsequently renewed by Executive Orders 20-17,
<br />20-25, 20-30, 20-34, 20-38, 20-41, 20-44, 20-47, and 20-49.
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