Approving an Interlocal agreement with the City of Mishawaka, RE: the construction of public improvements to Douglas Rd

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RESOLUTION NO. 3 9 `f a - O A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF MISHAWAKA, INDIANA CONCERNING THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO DOUGLAS ROAD WHEREAS, Indiana Code § 36-1-7-1 et seq. ("Interlocal Cooperation Act") provides that a power that may be exercised by an Indiana political subdivision and by one or more other governmental entity may also be exercised by one or more entity on behalf of the other or jointly, upon the entities entering into a written agreement that has been approved by proper resolution; and WHEREAS, the City of South Bend ("South Bend") and the City of Mishawaka ("Mishawaka") are each municipal corporations existing and operating as political subdivisions of the State of Indiana as defined by Ind. Code § 36-1-2-13 and are authorized enter into a interlocal agreement pursuant to Ind. Code § 36-1-7-4; and WHEREAS, Mishawaka and South Bend now desire to enter into an agreement providing for road improvements on Douglas Road at the corporate limits of the cities of South Bend and Mishawaka ("Project") which agreement is attached hereto and incorporated herein as Exhibit "A "; and WHEREAS, the Agreement meets the requirements of Ind. Code § 36-1-7-3. NOW, THEREFORE, AND IN ACCORDANCE WITH THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND INDIANA, UNDER INDIANA CODE §36-1-7-1 ET SEQ., BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section I. The Common Council of the City of South Bend has considered and hereby approves and ratifies the Interlocal Agreement By and Between the City of South Bend, Indiana and the City of Mishawaka, Indiana related to the Douglas Road Project that is attached hereto as Exhibit "A ", and authorizes the Mayor or the City Controller to execute the Interlocal Agreement on behalf of the City of South Bend. Section 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ,.~ PRESENTED ` ~12- ~~ E ~:L~T. AP~itOVEG 1~i70PTE!~ ~ -\Z- 09 Me`m6er, South Bend 3'~~~~i~rk'~ ~~fice JAPE - 7 2009 J(3nN VOCflD'c CITY CLERK, SQ. 6END, IN.