05/26/09 Board of Public Works Meeting

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PUBLIC AGENDA SESSION MAY 21, 2009 161 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, on April 29, 2009, the Board approved and adopted Resolution No. 24-2009 entitled "A Resolution Of The City Of South Bend Board Of public Woaks Related To Acquisition Of Property In The City Of South Bend, Indiana (Miami Road Widening pr ject; Des #931900)" ("Declaratory Resolution"); and the Declaratory Resolution found and deten that it is necessary to open, change • 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; a��d WHEREAS, the Declaratory Resolution further found that in order to properly complete the Project it is necessary to acquire and the City wants to acquire temporary right-of-way of parcels; and WHEREAS, pursuant to Indiana Code §32-24-2-6, the Board. has caused a notice concerning the passage of the Declaratory Resolution to be published once each week for two consecutive weeks in a newspaper of general circulation published in South Bend, Indiana, and setting the Declaratory Resolution for further consideration on May 18. 2009, at 8:30 a.m. in Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana; and WHEREAS, as of the date and time specified in the notice, the Board received NO remonstrances, and NO persons interested in or affected by the proceeding asked to be heard on the matter; and WHEREAS, the Board deems itself duly advised for purposes of taking final action the Declaratory Resolution and now desires to take such final action and make the necess findings in accordance with Indiana Code §32-24-2-6. 1 NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: I The Board hereby finds that the Project and the acquiring o f 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 Board hereby modifies and confirnis the Declaratory Resolution (Resolution No. 24-2009) approved and adopted • April 29, 2009., with changes to the exhibits to said resolution to remove those parcels of temporary right-of-way that have already been acquired through a negotiated purchase or which are not longer