08/27/13 Board of Public Works Minutes

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REGULAR MEETING AUGUST 27 2013 254 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF QUALIFICATIONS --- CENTURY CENTER ENERGY SAVINGS PERFORMANCE CONTRACT In a memorandum to the Board, Mr. Jonathan Burke, Energy Office, requested permission to advertise for the receipt of qualifications for the above referenced service. Therefore, upon a motion made by Ms. Roos seconded by Mr. Mecham and carried, the above request was approved. ADOPT RESOLUTION NO. 49 -2013 — A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS RELATED TO ACQUISITION OF A TEMPORARY INTEREST IN PROPERTY IN THE CITY OF SOUTH BEND INDIANA Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 49 -2013 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS RELATED TO ACQUISITION OF A TEMPORARY INTEREST IN PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (Fellows Street Corridor Improvement Project) WHEREAS, the City of South Bend, Indiana (the "City ") is a municipality for purposes of Indiana Code §32- 24 -2 -2; and WHEREAS, the City has determined that it is necessary to construct the Fellows Street Corridor Improvement Project located along Fellows Street in the City of South Bend, Indiana (the "Project ") which Project will serve a public purpose, be of benefit to the health or general welfare of the City, 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 (the "Board ") is the entity vested with the authority and power to acquire property for the use of the City or to open, change, lay out or vacate a street in 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 in a portion of certain land located on the east side of Fellows Street, South Bend, Indiana as more particularly described and depicted on "Exhibit A" (the "Property "), said exhibit being attached hereto and incorporated herein; and WHEREAS, the Property is owned by unknown persons; and WHEREAS, the Property will be used temporarily by the City for grading to lay out and construct the Project. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: L The Board hereby finds that the Project and the acquiring of a temporary interest in the Property will serve the public purpose of laying out and constructing a public right of way, 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 a temporary interest in the Property for the use of the municipality in order to complete the Project. 2. The staff of the City is authorized and directed to cause a notice of this Resolution to be published in two (2) newspapers of general circulation published in the City once each week for two (2) consecutive weeks, on August 30, 2013 and September 6, 2013, setting this Resolution for further consideration on September 10, 2013, at 9:30 a.m. in Room 1308, County-