04/29/09 Board of Public Works Special Meeting

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SPECIAL MEETING APRIL 29, 2009 137 NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board hereby finds that the Project and the acquiring of the Temporary ROW Property will serve a public purpose, 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 the Temporary ROW Property for the use of the municipality in order to complete the Project. 2. The staff of the Board is authorized and directed to cause a notice of this resolution to be published in a newspaper of general circulation published in the City once each week for two (2) consecutive weeks, setting this resolution for further consideration on May 18, 2009, at 8:30 a, .in Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which time and place the Board will receive or hear remonstrances from persons interested in or affected by this resolution, consider those remonstrances, if any, and take final action confirming, modifying or rescinding this resolution. 3. The staff of the Board is further authorized to make an offer in writing to the owner(s) identified in Exhibit "Al - A10" at the concurred-on price stated in Exhibit "A! — A10 11 . Any negotiated purchase shall be subject to the Board's final approval. In negotiating the offers, it is understood that the owner(s) of the Temporary ROW Property may change and that staff may continue to negotiate and secure the Temporary ROW Property prior to the date of final consideration of this resolution provided that the final amount not exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00). ADOPTED at the meeting of the City of South Bend, Indiana, Board of Public Works held on April 29, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. s/Gary Gilot, President s/John Murphy s/Donald Inks ATTEST: s/Linda Martin, Clerk USE OF PUBLIC RIGHT-OF-WAY Mr. Gilot stated that Trio's Restaurant has sent a request to use the bump -out on the comer of Colfax Avenue and Michigan Street on four Friday's for a First Friday Event Series. They would like to place a single musician on the comer, and utilize a small grill within their existing caf6 area. Mr. Gilot noted the request letter came from Downtown South Bend. He suggested that DTSB contact the business owner on the comer to receive their approval of Trio's using the sidewalk in front of their business. The Clerk noted that Trio's stated im their letter that they would be responsible for cleaning any grease spills from their grill off of the sidewalk. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 1: 35 p.m. A Z A , Gary A. Gilot, President Dofrald E. lhks, Member John H. Murphy, Member