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REGULAR MEETING MARCH 29, 1993 <br />hereby now establish and adopt the fiscal plan, attached hereto <br />and made a part hereof, for the furnishing of said services to the <br />territory to be annexed. <br />Adopted this 29th day of March, 1993. <br />BOARD OF PUBLIC WORKS OF THE <br />CITY OF SOUTH BEND, INDIANA <br />s/John E. Leszczynski <br />s/James R. Caldwell <br />s/Mary Hall Mueller <br />Attest: <br />s/Sandra M. Parmerlee, Clerk <br />ADOPT RESOLUTION NO. 15-1993 - RESCINDING RESOLUTION NO. 23-1992 <br />AND ADOPTING POLICIES AND PROCEDURES FOR OPEN AIR STANDS ON THE <br />PUBLIC RIGHT-OF-WAY <br />Board Attorney and Member Mary H. Mueller informed members of the <br />Board that the Resolution submitted today rescinds a previous <br />Resolution of the Board adopted on May 26, 1992, which prohibited <br />the operation of open-air stands on the public right-of-way. At <br />that time the City was sued and a preliminary injunction was <br />granted against the City. Mrs. Mueller further advised that the <br />Resolution submitted today sets in place polices and procedures <br />for the operation of open-air stands on the public right-of-way <br />and allows the City strict control over the location and operation <br />of the stands to make their placement as safe as possible. The <br />policies also contain a renewal procedure. <br />Therefore, Mrs. Mueller made a motion that the Resolution <br />submitted today be adopted. Mr. Leszczynski seconded the motion <br />which carried, and the following Resolution No. 15-1993 was <br />adopted: <br />RESOLUTION NO. 15-1993 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND, RESCINDING <br />RESOLUTION NO. 23-1992 AND ADOPTING POLICIES <br />AND PROCEDURES REGARDING OPEN-AIR STANDS <br />ON THE PUBLIC RIGHT-OF-WAY <br />WHEREAS, the Board of Public Works for the City of South Bend <br />(hereinafter, "Board") is required to review license requests for <br />open-air businesses if such businesses are to be located on the <br />public right-of-way or other public property under the Board's <br />jurisdiction; and <br />WHEREAS, on May 26, 1992, the Board adopted Resolution No. <br />23-1992, which provided that, as a matter of policy, the Board <br />would prohibit open-air stands on the public right-of-way except <br />for special events; and <br />WHEREAS, suit was subsequently filed in St. Joseph Superior <br />Court challenging the Board's policy, which suit resulted in a <br />preliminary injunction against the Board permitting the operation <br />of an open-air stand on the public sidewalk; and <br />WHEREAS, if such stands are to be allowed on the public <br />sidewalk, the Board should adopt procedures governing their <br />placement and operation in the interest of public safety; and <br />