04/29/09 Board of Public Works Special Meeting

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SPECIAL MEETING APRIL 29, 2009 136 The Special Meeting of the Board of Public Works was convened at 1:20 p.m. on Wednesday, April 29, 2009, by Board President Gary A. Gilot with Board Members Donald E. Inks and John H. Murphy present. Also present was Board Attorney Cheryl Greene. - Addition to the Agenda Mr. Gilot noted the addition of a request to use of the public right-of-way to the agenda. RESOLUTION NO. 24-2009 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (Miami Road Widening Project; DES # 931900) WHEREAS, the City of South Bend, Indiana ("City") is a municipality for purposes of Indiana Code §32-24-2-2; and WHEREAS, the City has determined that it is necessary to open, change or layout a street located within the City, to-wit: Miami Road Widening Project ( "Project"), which Project will serve a public purpose, 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 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 (ABoard@) is the entity vested with the authority and power to acquire, receive, manage and care for the property of 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 of parcels as set forth in Exhibits "Al — A10" and more particularly described in Exhibit "BI - B10" ( " Temporary ROW Property"), each Exhibit being attached hereto and incorporated herein; and WHEREAS, the Temporary ROW Property is owned by the persons or entities set forth in Exhibits "Al —A10"; and WHEREAS, the Temporary ROW Property will be used by the City during construction on the Project in order to adjust new concrete driveway approaches to match the new roadway being built, and upon completion of the Project, the Temporary ROW Property will be returned to the persons or entities set forth in Exhibits "Al —A10" WHEREAS, the Board desires to authorize staff to present and negotiate offers for the Temporary ROW Property on behalf of the Board subject to the Board's final approval of any negotiated purchase of the Temporary ROW Property; and WHEREAS, the acquisition price of all of the Temporary ROW Property is not expected to exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00).