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REGULAR MEETING APRIL 10, 2018 107 <br />WHEREAS, Ind. Code 32-247,1, establishes. certain statutory procedures for the <br />acquisition by a municipality of property for public use; and <br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is <br />empowered to carryout the acquisition of property pursuant to Ind. Code 32-24-1, and, pursuant <br />to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal property of the <br />City of South Bend (the "City"); and <br />WHEREAS, on February 28, 2017, the Board approved a Professional Services <br />Agreement (the "Agreement") with DLZ Indiana, LLC ("DLZ"), which Agreement provided for <br />the provision of certain services for improvements to and benefitting the South Bend City <br />Cemetery (the "Project"), including right-of-way acquisition services for up to five (5) <br />residential properties along Colfax Street, W. La Salle Avenue, and Elm Street, identified as <br />Parcel Nos. 018-1040-1736; 018-1040-173601; 018-1040-1738; 018-1040-1741; and 018-1040- <br />1742 (collectively, the "Properties"); and <br />WHEREAS, in furtherance of the Project, and pursuant to Section A1.02(A)(5) of <br />Exhibit A to the Agreement, DLZ agreed to coordinate with the Board for closing services and <br />distribution of payment for the acquisition of the Properties; and <br />WHEREAS, the Board desires to authorize City staff to perform certain actions on the <br />Board's behalf to carry out its acquisition of the Properties. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND AS FOLLOWS: <br />1. The Board affirms its approval of the acquisition of the Properties through the <br />procedures set forth in the Agreement. <br />2. The Board authorizes David Relos of the City's Department of Community <br />Investment to act on behalf of the Board to distribute payment, accept and present for recordation <br />deeds for the Properties, and execute on the Board's behalf any document or take on the Board's <br />behalf any action that may be required to carry out the purposes of this Resolution. <br />3. This Resolution will be in full force and effect upon its adoption. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, <br />Indiana, held on April 10, 2018, at 1308 County -City Building, 227 West Jefferson Boulevard, <br />South Bend, Indiana 46601. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s/ Gary A. Gilot <br />s/ Suzanna Fritzberg <br />s/ Elizabeth A. Maradik <br />s/ Therese J. Dorau <br />s/ James A. Mueller <br />ATTEST: <br />s/Linda M. Martin, Clerk <br />APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA <br />The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for <br />approval: <br />Type <br />Business <br />Description <br />Amount/ <br />Funding <br />Motion/ <br />Second <br />Inter -Local <br />City of Elkhart <br />Three (3) Year Agreement <br />$80,000/ <br />Maradik/Fritzberg <br />Agreement <br />to Assess Biological Life <br />year <br />of St. Joseph River <br />(Wastewater <br />O&M) <br />Proposal <br />Keramida <br />Statistical Evaluation of <br />$4,700 <br />Maradik/Fritzberg <br />Agreement <br />Groundwater Data from <br />(Organic <br />