HomeMy WebLinkAbout25-22 Resolution Adopting Indiana Code § 5-23 in Its Entirety and Authorizing the City of South Bend Board of Public Works to Take All Other Actions Related Thereto April 4, 2025 Filed in Clerk's Office
Honorable Canneth Lee Bianca Tirado
City Clerk, South Bend, IN
President, South Bend Common Council
4th Floor, County-City Building
227 W Jefferson Blvd
South Bend, IN 46601
Subject: Resolution to Adopt Indiana Code § 5-23 for Future Infrastructure Options
Honorable President Lee and Members of the South Bend Common Council:
Please find enclosed for your consideration Bill No. 25-22, a resolution to adopt Indiana Code §
5-23. This action will authorize the City of South Bend Board of Public Works to utilize the
Build, Operate, Transfer(BOT)procurement mechanism, as outlined in the statute,should the
need arise in the future.
This resolution is a proactive measure to expand the City's toolkit for future infrastructure
development. By adopting Indiana Code § 5-23, we are positioning South Bend to potentially
leverage BOT projects, which offer benefits such as:
• Potential for accelerated project timelines.
• Opportunities for enhanced efficiency and innovation in project delivery.
It is important to emphasize that there are no immediate projects contemplated for the use of this
procurement mechanism. This resolution is solely to provide the City with the option of BOT as
a future tool, if deemed beneficial.
Specifically,this resolution will:
• Adopt the provisions of Indiana Code § 5-23.
• Designate the City of South Bend Board of Public Works to manage potential future BOT
projects.
• Authorize necessary actions to implement the statute, if needed.
I believe that adding this option to our procurement capabilities will strengthen South Bend's
ability to address future infrastructure needs efficiently. We respectfully request your favorable
consideration and approval of this resolution.
I look forward to discussing this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration and your continued dedication to the City of South
Bend.
Sincerely,
41_ 7‘/.1 -
Eric C. Horvath
City of South Bend
Executive Director Public Works
Filed in Clerk's Office
BILL NO. 25-22
Bianca Tirado
RESOLUTION NO. City Clerk, South Bend, IN
A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA
ADOPTING INDIANA CODE § 5-23 IN ITS ENTIRETY AND AUTHORIZING THE
CITY OF SOUTH BEND BOARD OF PUBLIC WORKS TO TAKE
ALL OTHER ACTIONS RELATED THERETO
WHEREAS, the Common Council of South Bend, Indiana (the "Council") has
considered the provisions of Indiana Code § 5-23 in its entirety; and
WHEREAS, the Council now desires to adopt the provisions of Indiana Code § 5-23 by
this resolution pursuant to Indiana Code § 5-23-1-1; and
WHEREAS, it is the intent of the Council to recognize and authorize the City of South
Bend's Board of Public Works as the Governmental Body, as defined under Indiana Code § 5-
22-2-13, to serve as the Governmental Body in order to facilitate and execute any and all future
agreements and contracts on behalf of the City of South Bend which may be subject to Indiana
Code § 5-23.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
SOUTH BEND, INDIANA AS FOLLOWS:
SECTION 1. Adoption of Indiana Code § 5-23. The Council hereby adopts the
provisions of Indiana Code § 5-23.
SECTION 2. Authorization. The Council hereby authorizes and directs the City of
South Bend Board of Public Works to facilitate all aspects of the statutory requirements
necessary to comply with Indiana Code § 5-23.
SECTION 3. Other Actions. Any officer of the Council and the Mayor are hereby
authorized to take any and all actions and execute any documents or certificates that such
officers deem necessary or desirable to effectuate the foregoing resolution. Any such actions
taken or documents or certificates executed and delivered are hereby ratified, confirmed and
approved.
SECTION 4. Effectiveness. This Resolution shall be in full force and effect from and
after its adoption by the Common Council and approval by the Mayor.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2025, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
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