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REGULAR MEETING
<br />SEPTEMBER 10 2013 265
<br />Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution
<br />was adopted by the Board of Public Works:
<br />RESOLUTION NO. 51-2013
<br />A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
<br />CONFIRMING ACQUISITION OF A TEMPORARY INTEREST IN
<br />PROPERTY IN THE CITY OF SOUTH BEND, INDIANA
<br />(Fellows Street Corridor Improvement Project)
<br />WHEREAS, the City of South Bend, Indiana (the "City ") is a municipality for purposes
<br />of Indiana Code §32 -24 -2; and
<br />WHEREAS, pursuant to Indiana Code §36 -9 -6 -3 and Indiana Code §32- 24 -2-4, the
<br />City of South Bend, Indiana, Board of Public Works (the ABoard @) is the entity vested with the
<br />authority and power to acquire, receive, manage and care for the property of the City and to
<br />oversee the Project; and
<br />WHEREAS, on August 27, 2013, the Board approved and adopted Resolution No. 49-
<br />2013 entitled a "RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC
<br />WORKS RELATED TO ACQUISITION OF A TEMPORARY INTEREST IN PROPERTY IN
<br />THE CITY OF SOUTH BEND, INDIANA (Fellows Street Corridor Improvement Project)" (the
<br />"Declaratory Resolution "); and
<br />WHEREAS, the Declaratory Resolution found and determined that it is necessary to
<br />open, change and layout a public right of way (a sidewalk) located within the City, to -wit: the
<br />Fellows Street Corridor Improvement Project (the "Project "), which Project will serve a public
<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, the Declaratory Resolution further found that it is necessary and desirable to
<br />acquire a temporary interest in a parcel of property set forth in Exhibit A, located in South Bend,
<br />St. Joseph County, Indiana and described in said Exhibit A
<br />(collectively, the "Property ") in order to complete the Project; and
<br />WHEREAS, pursuant to Indiana Code §32- 24 -2 -6, the Board has caused a notice
<br />concerning the passage of the Declaratory Resolution to be published once each week for two
<br />consecutive weeks in a newspaper of general circulation published in South Bend, Indiana, and
<br />setting the Declaratory Resolution for further consideration on September 10, 2013, at 9:30 a.m.
<br />in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana; and
<br />WHEREAS, at a public hearing held by the Board on this 10`h day of September, 2013, at
<br />9:30 a.m., in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend,
<br />Indiana, the Board has further considered the necessity and desirability of acquiring the
<br />temporary interest in the Property and has heard all persons interested in the proceedings and
<br />received any written remonstrances and objections filed by persons interested in or affected by
<br />the Declaratory Resolution, and considered those remonstrances and objections, if any, and such
<br />other evidence presented; and
<br />WHEREAS, the Board deems itself duly advised for purposes of taking final action on
<br />the Declaratory Resolution and now desires to take such final action and make the necessary
<br />findings in accordance with Indiana Code §32- 24 -2 -6.
<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 finds that the Project and the acquiring a temporary interest in
<br />the Property will serve a public purpose, will be of benefit to the health or general welfare of the
<br />unit, and be in the best interest of the citizens of the City.
<br />2. The Board hereby finds that the acquisition of a temporary interest in the Property
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