HomeMy WebLinkAboutResolution No. 54-2016 - Revising Sidewalk and Curb Replacement ProgramRESOLUTION NO. 54-2016
A RESOLUTION OF THE BOARD OF
PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REVISING THE
FULLY SUBSIDIZED SIDEWALK AND CURB REPLACEMENT PROGRAM
WHEREAS, pursuant to Ind. Code §36-9-6-2, and Ind. Code §36-9-6-3, the City
of South Bend, Indiana Board of Public Works ("Board") has authority over the use of
public rights of way and is responsible for the supervision of streets, alleys and other
property of the City; and
WHEREAS, the Board's authority over streets and sidewalks is similarly granted
in accordance with Section 18-2 of the Municipal Code of the City of South Bend; and
WHEREAS, the Board is empowered under Ind. Code §36-9-36-17 with the
discretion to require the owners of abutting property to construct or repair the owners' own
sidewalks or curbs; and
WHEREAS, there are approximately 750 miles of sidewalks and similar amount
of curbing within the City of South Bend; and
WHEREAS, there are economies of scale in having construction completed on
multiple adjacent properties; and
WHEREAS, in 2014, by Resolution No. 50-2014, the Board substantially
amended its voluntary sidewalk and curb replacement program between the City and
property owners wishing to participate in the curb and sidewalk replacement program by
limiting it to City homeowners and making it a reimbursement program, and by adopting
a separate sidewalk and curb replacement program for certain City residents whose
sidewalks and/or curbs are in poor or very poor condition, with eligibility for this program
initially determined by each member of the South Bend Common Council a copy of which
Resolution is attached hereto and fully incorporated herein by reference as Exhibit A.
WHEREAS, the Board now wishes to revise its fully subsidized sidewalk and curb
replacement program for 2016 by altering the quantity limitations for eligible sidewalk and
curbs, i.e., up to a maximum of 1,000 feet of sidewalk (formerly 750 feet) and 500 feet of
curbs (formerly 900 feet) to be allocated to each Council member, or alternatively 1,250
feet of sidewalk only (formerly 1,150). The other previous alternative of 1,400 feet of curb
only has been eliminated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS AS FOLLOWS:
Section 1. The findings made by the Board in Resolution No.50-2014 are
reaffirmed and incorporated herein as if fully set forth in this Resolution.
Section 2. The Board hereby reaffirms the cost -share sidewalk and curb
reimbursement program between the City and City homeowners, and further reaffirms the
reimbursement to the property owners set out in Section 1 of Board Resolution No.50-2014
as follows:
5' Wide Sidewalk Only I $20/Linear Foot
6" Curb Only I $15/Linear Foot
Section 3. The Board hereby reaffirms the reimbursement schedule established in
Section 2 of Board Resolution No. 50-2014 for those situations where two or more adjacent
home property owners sign up for the program, which is as follows:
No. of Adjacent Property Owners
Sidewalk
Curb
2
$22/Linear Foot
$16/Linear Foot
3
$23/Linear Foot
$17/Linear Foot
4 or More
$24/Linear Foot
$18/Linear Foot
Section 4. To encourage the redevelopment and rehabilitation of vacant and
abandoned homes, the Board hereby reaffirms the reimbursement schedule established in
Section 3 of Resolution No. 50-2014, set forth below, which shall now apply to
construction of sidewalk and/or curb for property that is vacant, abandoned, and most in
need of repair as determined by the Director of the Department of Code Enforcement.
5' Wide Sidewalk Only I $30/Linear Foot
6" Curb Only I $20/Linear Foot
Section 5. As established in Section 4 of Board Resolution No. 50- 2014, costs
incurred for the necessary construction of accessible sidewalk ramps in compliance with
the Americans with Disabilities Act will be subject to approval by the City Engineer or
designee and reimbursed at a not to exceed cost of $950.00 for each ramp.
Section 6. For purposes of the Fully Subsidized Sidewalk and Curb Replacement
Program a/k/a "The Fully Subsidized Program" established at Section 5 of Board
Resolution No. 50-2014, which Program requires that only existing curb and/or sidewalk
that is in poor or very poor condition and that homeowners be selected using objective
criteria, the selection process shall remain the same with each Council member to make
selections by the end of calendar year 2016 based on objective criteria developed by the
South Bend Common Council for up to an aggregate for each Council member during and
by the end of calendar year 2017 of 1,000 feet of sidewalk and 500 feet of curb, or
alternatively, 1,250 feet of sidewalk only. The other previous alternative of 1,400 feet of
curb only has been eliminated.
Section 7. The Council member shall submit to the South Bend Department of
Public Works by the end of calendar year 2016 the list of properties for participation in the
Fully Subsidized Program on a "Council Allocation Form", a copy of which is attached as
Exhibit B hereto.
Section 8. Pursuant to Section 8 of Board Resolution No. 50-2014, final selection
of sidewalks and/or curbs eligible for replacement under the Fully Subsidized Program
shall be made by the City's Department of Public Works and the Common Council, with
the Department of Public Works performing a condition analysis of each proposed Project
property and, if necessary, a ranking of the properties in terms of condition, and notifying
each Council members of the properties approved based on condition.
Section 9. This Resolution shall be in full force and effect upon its adoption by the
Board of Public Works.
ADOPTED at a meeting of the City of South Bend Board of Public Works held on
November 22, 2016, at 9:30 a.m., in Room 1308, County -City Building, South Bend,
Indiana 46601.
CITY OF SOUTH BEND, INDIANA
BOARD OF ,P(UBLIC WORKS
GU."�
Gary A. Gilot, President
James Mueller, Member
Therese Dorau, Member
A ci
Suzanna F itzberg, Meer
Elizabeth Maradik, Member
ATT ST:
Lin a A Martin, Cleik