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REGULAR MEETING DECEMBER 9.2014 364 <br />FURTHER IMPLEMENTING A SEPARATE, FULLY SUBSIDIZED SIDEWALK AND <br />CURB REPLACEMENT PROGRAM <br />WHEREAS, pursuant to Ind. Code §36- 9 -6 -2, and Ind. Code §36- 9 -6 -3, the City of South <br />Bend, Indiana Board of Public Works ( "Board ") has authority over the use of public rights of <br />way and is responsible for the supervision of streets, alleys and other property of the City; and <br />WHEREAS, the Board's authority over streets and sidewalks is similarly granted in <br />accordance with Section 18 -2 of the Municipal Code of the City of South Bend: and <br />WHEREAS, the Board is empowered under Ind. Code §36- 9 -36 -17 with the discretion to <br />require the owners of abutting property to construct or repair the owners' own sidewalks or <br />curbs; and <br />WHEREAS, there are approximately 750 miles of sidewalks and similar amount of <br />curbing within the City of South Bend; and <br />WHEREAS, there are economies of scale in having construction completed on multiple <br />adjacent properties; and <br />WHEREAS, in 2013, by Resolution 923 -2013, the Board implemented a voluntary <br />sidewalk and curb replacement program between the City and property owners wishing to <br />participate in the curb and sidewalk replacement program; and <br />WHEREAS, the Board now wishes to revise its previously enacted voluntary sidewalk <br />and curb replacement program by limiting it to City homeowners and making it a reimbursement <br />program; and <br />WHEREAS, the Board further wishes to adopt and implement another sidewalk and curb <br />replacement program solely for certain City residents whose sidewalks and/or curbs are in poor <br />or very poor condition, with eligibility for this program initially determined by each member of <br />the South Bend Common Council, up to a maximum of 700 feet of sidewalk and 900 feet of <br />curbs to be allocated to each Council member, or alternatively 1,150 feet of sidewalk only, or <br />1,400 feet of curb only. <br />THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS HEREBY <br />FINDS THAT: <br />1. Sidewalks are an integral component of the transportation system for the City of <br />South Bend. They provide a safe location for pedestrian traffic. School children utilize the <br />sidewalks to travel to and from school. Sidewalks allow walking and jogging while being safely <br />separated from vehicular traffic. Without sidewalks, the intermingling of pedestrian traffic and <br />vehicular traffic would greatly increase the chances for serious injuries to both pedestrians and <br />motorists. <br />2. New sidewalk and curb infrastructure improves the City aesthetic environment <br />and promotes economic development and encourages community investment. <br />3. New sidewalk and curb infrastructure improvement will assist in promoting the <br />rehabilitation of vacant and abandoned homes within the City which is in the best interests of the <br />health, safety and welfare of the City and its citizens. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD <br />OF PUBLIC WORKS AS FOLLOWS: <br />Section L The Board hereby establishes a cost -share sidewalk and curb <br />reimbursement program between the City and City homeowners, and approves the following <br />reimbursement to the pronerty owners: <br />52 Wide Sidewalk Only $20/Lineal Foot <br />O' Curb Only $15/Lineal Foot <br />Section 2. The Board recognizes that there are significant benefits to having multiple <br />adjacent properties agreeing to replace their sidewalk and /or curbs at the same time. As such, the <br />