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38 <br />REGULAR MEETING MARCH 23, 2021 <br />RESOLUTION NO. 10-2021 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOUTH BEND, INDIANA AUTHORIZING STAFF TO EFFECTUATE THE <br />ACQUISITION OF CERTAIN REAL PROPERTY <br />WHEREAS, Ind. Code 32-24-1 establishes certain statutory procedures for the <br />acquisition by a municipality of property for public use; and <br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is <br />empowered to carry out the acquisition of property pursuant to Ind. Code §§ 32-24-1-3(a) and <br />36-9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and <br />personal property of the City of South Bend (the "City"); and <br />WHEREAS, the Board, on behalf of the City, entered into a Purchase Agreement with <br />Norfolk Southern Railway Company ("Norfolk Southern") for the purchase of certain property <br />commonly known as the Coal Line, more particularly described on Exhibit A (the "Property"), <br />for the purpose of developing a multi -use trail (the "Project"); and <br />WHEREAS, the City and Norfolk Southern are ready to close the transaction; and <br />WHEREAS, the Board desires to authorize City staff to perform certain actions on the <br />Board's behalf to complete its acquisition of the Property. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND AS FOLLOWS: <br />1. The Board reaffirms its approval of the acquisition of the Property in furtherance <br />of the Project. <br />2. The Board authorizes David Relos or Tim Corcoran of the City's Department of <br />Community Investment to act on behalf of the Board to distribute payment, accept and present <br />for recordation the deed for the Property, and execute on the Board's behalf any document or <br />take on the Board's behalf any action that may be required to complete the acquisition of the <br />Property and carry out the purposes of this Resolution. <br />3. This Resolution will be in full force and effect upon its adoption. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held <br />electronically on March 23, 2021, as authorized by Executive Order 20-09 issued by the <br />Governor of the State of Indiana, as subsequently renewed by Executive Orders 20-17, 20-25, <br />20-30, 20-34, 20-38, 20-41, 20-44, 20-47, 20-49, 20-52, 21-03, and 21-05. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s/ Elizabeth A. Maradik <br />s/ Gary A. Gilot <br />s/ Jordan V. Gathers <br />s/ Joseph R. Molnar <br />ATTEST: <br />s/Anne Fuchs, Clerk <br />APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA <br />The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for <br />approval: <br />Type <br />Business <br />Description <br />Amount/ <br />Motion/ <br />Funding <br />Second <br />Amendment <br />Black & Veatch <br />Update of Water Model's <br />NTE $10,110; <br />Gilot/Gathers <br />No. 1 to <br />Corporation <br />Max Day Demand Usage <br />New Total <br />