Resolution No. 17-2017 - Policy Designating Certain Land in the City as an Underground Utility Area

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RESOLUTION NO. 17-2017 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS ADOPTING A POLICY DESIGNATING CERTAIN LAND IN THE CITY AS AN UNDERGROUND UTILITY AREA WHERE AS, the City of South Bend Board of Public Worl,�,s ("Board") is the contracting body for the City of South Bend, Indiana ("City"); and WHERE, AS, pursuant to Indiana Code § 36-9-1 et al, the Board has the authority to supet vise all streets, alleys and City property; and WHEREAS, pursuant to Indiana Code § 36-9-6-3, the Board is authorized to regulate the City's rights -of -way ("ROW"); and WHEREAS, the City aspires to be a leader throughout Indiana for technology growth; and WHEREAS, the City and the Board look forward to working in collegial manner with technology and utility companies to promote innovation throughout the City while maintaining the integrity and aesthetics of the City; and WHEREAS, the Board desires to protect and preserve City ROW, with the exception of pre- existing alleyways, by requiring all future utilities to be located underground; and WHEREAS, the Board is authorized, by way of this Resolution No. 17-2017, to issue a waiver to utility companies which would allow for the construction of a new, aboveground utility pole within the City ROW; and NOW, THEREFORE, BE IT RE SOLVED by the City of South Bend Board of Public Works as follows: I . The City of South Bend hereby designates all of its right-of-way as an underground utility area. 2. Future utilities that need to occupy the City of South Bend right-of-way, excluding pre- existing alleyways, shall be located underground 3. The construction of a new aboveground utility pole or a wireless support structure within the City of South Bend right-of-way shall require a waiver ftom the Board of Public Works, however, this Resolution No. 17-2017 shall in no way prohibit or restrict the collocation of wireless technology support structures on current utility poles or the replacement of current utility poles or wireless support structures. 4. This Resolution shall be in full force and effect after its adoption by the City of South Bend Board of Public Works. ADOPTED at a special meeting of the Board of Public Works of the City of South Bend, Indianaheld on April 28,2017, at 1308 County -City Building, 227 West Jefferson Boulevard, South