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HomeMy WebLinkAboutRequesting and Empowering the Board of Public Works of the City of South Bend to petition the St. Joseph County Drainage Board for the admission of the municipal drain commonly known as "Bowman Creek", into the County Drainage SystemAttest: RESOLUTION 140. 784 -80 Passed by the Common Council of the City of South Bend, Indiana Attest: May 27 19 80 - v Ll( City Clerk Presented by me to the Mayor of the City of South Bend, Indiana Mav 28 19 80 C t of Common Council. Approved and signed by me X1 19 O M City Clerk LT. Mayor RESOLUTION NO. A RESOLUTION REQUESTING AND EMPOV!ERING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TO PETITION THE ST. JOSEPH COUNTY DRAINAGE BOARD FOR THE ADMISSION OF THE MUNICIPAL DRAIN COMMONLY KNOWN AS "BOWMAN CREEK ", INTO THE COUNTY DRAINAGE SYSTEM OF ST. JOSEPH COUNTY AS A LEGAL DRAIN. PURPOSE AND INTENT: There is no City agency with the mission, the resources or the expertise to address the ongoing problems of the Bowman Creek. These problems include cleaning, dredging, maintenance of underground structures such as culverts, and maintenance of aboveground structures such as railings. The Bowman Creek enters the City on Ireland Road east of Olive Street. It then flows northeasterly through the AM General plant, north of the Sibley Foundry, past the First Bank & Trust Company branch at Ewing and Michigan, through the Riley Hiah School field, through the Studebaker Golf Course, through the Studebaker School field, through Ravinia Park, through the Northern Indiana Public Service Company facility on Pennsylvania Avenue, under the Conrail and Grand Trunk tracks, past the fire station at Lincoln Way East and finally into the St. Joseph River somewhat south of Sample Street. If the Bowman Creek is designated as a legal drain, the St. Joseph County Drainage Board could then levy an assessment on the property owners of South Bend. This assessment would not be limited by the "frozen" tax levy. The proceeds from the assessment would then be used to address the maintenance problems of Bowman Creek. The costs, damages and expenses of the improvement of said drain within the county drainage system will be less than the benefits that will be derived by the land likely to be benefitted by such improvements. The improvements to such drain will improve the public health by draining lands owned by the City of South Bend and its citizens. Proposed improve- ments to structures will improve the public safety by correcting deficiencies in guard rails which are in gross disrepair. NOW, THEREFORE BE IT RESOLVED, by the Common Council of the Civil City of South Bend that: SECTION I. The Common Council of the City of South Bend petition the St. Joseph County Drainage Board for the admission of the municipal drain, commonly known as "Bowman Creek" into the St. Joseph County drainage system as a legal drain. SECTION II. The Board of Public Works is hereby requested and given the authority to file such petition before the St. Joseph County Drainage Board. SECTION III. from and after the Mayor. PRESENTED NOT APPROVED ADOPTED This resolution shall be in full force and effect its adoption by the Common Council and approved by FILED fill 01 ;l's MAY 2 11. 1980 Irene Gammon CITY CLERK, SOUTH BEND, IND. Patrick M. McMahon, P.E. Director, Public Works Members of the 441 County /City South Bend, IN CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Common Council Building 46601 May 19, 1980 Attention of Mr. Joseph Serge, Chairman, Public Works Committee RE: Designation of Bowman Creek Gentlemen: (219) 284.9251 Attached you will find a Resolution requesting that the South Bend Common Council empower the Board of Public Works to petition the St. Joseph County Drainage Board for the admission of Bowman Creek into the County drainage system as a legal drain. As you are aware, Bowman Creek runs through the southwestern section of the City, as described in Paragraph 2 of the Resolution, and as highlighted on the map which I have attached. Bowman Creek has never been designated as a legal drain within the City of South Bend. The City, therefore, has very limited, if any, power or jurisdiction to effect improvements or maintenance in the Bowman Creek area. Should the City be successful in this application to the St. Joseph County Drainage Board, then the question of jurisdiction and authority to effect improvements will be resolved. Improvements could be made through the Drainage Board, and a source of funding, namely the ability to assess the owners of property within the drainage area, would be established. Your support of this Resolution will provide the City with the ability to address, through the Drainage Board, long standing public safety problem. Should you have any questions or require further information in this regard, please contact me at your earliest convenience. Very truly yours, rick McMahon, P.E. Director PMMcM:amc Attachment 1L-!' 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