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.r ~ 4 <br />1 <br />R_F.Gi1T.AR MEETING <br />MAY 8, 2006 <br />WHEREAS, the Board desires to approve the MOU and the entering into certain formal <br />agreements with the various parties that are consistent with the concepts expressed in this <br />Resolution and in MOU and to obtain immediate access to the Right of Way Parcel; and <br />WHEREAS, the Board recognizes that time is of the essence in order to accomplish <br />certain actions relating to the transaction and the construction of the City Improvements; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />TiIE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />~l. The Board hereby approves and endorses the transaction as described and <br />presented to the Board and set forth in the MOU presented at its meeting of May 8, 2006. <br />2. The Board hereby approves the form of Memorandum of Understanding as <br />presented to the Board at its meeting of May 8, 2006. <br />3. The Commission hereby directs and authorizes staff and legal counsel to negotiate <br />and prepare documentation consistent with and necessary to accomplish the transaction <br />as presented including, but not limited to, preparation of a final form of Memorandum of <br />Understanding and necessary access agreements that are acceptable to legal counsel <br />4. The Board hereby authorizes the President of the Board to execute and Clerk of <br />the Board to attest the documents as described in this Resolution and as presented at this <br />meeting with such changes as may be suggested by legal counsel and approved by the <br />President with such approval to be conclusively evidenced by such execution. <br />1 <br />1 <br />5. The Board hereby authorizes the President of the Board to execute and Clerk of <br />the Board to attest to any and all other documents, including an access agreement, <br />relating to the transaction as presented at the meeting of May 8, 2006 upon the advice of <br />legal counsel. <br />6. That this Resolution shall be in full force and effect' upon its adoption by the <br />Board of Public Works of the City of South Bend, Indiana. <br />ADOPTED at a meeting of the <br />Indiana held on May 8, 2006, at 1308 <br />South Bend, Indiana 46601. <br />Board of Public Works of the City of South Bend, <br />County-City Building, 227 West Jefferson Boulevard, <br />BOARD OF PUBLIC WORK OF THE <br />CITY OF SOUTH BEND, INDIANA <br />s/Gary Gilot, President <br />s/Donald E. Inks, Member <br />s/Carl P. Littrell, Member <br />ATTEST: <br />s/Angela K. Jacob, Clerk <br />APPROVAL OF STREET CLOSURES <br />The following street closures and processions were approved:' <br />REQUEST SPONSOR LOCATION DATE/TIME MOTION/ <br /> CARRIED <br />i l~o Close Street Murray, Fremont Avenue May 29, 2006 - Gilot/Inks - <br />~ -Block Party Keimisha from Kenwood 8:00 a.m. to 6:00 Recommendation <br /> Avenue to p.m. from Police <br /> Linden Avenue Department to <br /> end at 6:00 p.m. <br />To Close Street Madison Park Lane from May 19; 2006 - Inks/Littrell <br />- Ice Cream Primary Center Lafayette 5:00 p.m. to 7:00 <br />Social Boulevard to p.m. <br /> Main Street <br />Encroachment - Sponseller's 1602 Mishawka Inks/Littrell <br />