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
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