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333 <br />REGULAR MEETING <br />NOVEMBER 6, 1989 <br />Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. <br />Humphreys and carried, the following Resolution No. 43-1989 was <br />adopted: <br />RESOLUTION NO. 43-1989 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND <br />AUTHORIZING THE CITY ENGINEER TO PETITION <br />THE COMMON COUNCIL OF THE CITY OF SOUTH BEND <br />TO AMEND SECTIONS 20-112 AND 20-113 <br />OF THE SOUTH BEND MUNICIPAL CODE <br />WHEREAS, the Board of Public Works for the City of South Bend <br />(hereinafter, "the Board"), is empowered, under I.C. 36-9-6-2 and <br />Section 20-3 of the South Bend Municipal Code, to supervise all <br />streets and public ways located within the corporate boundaries <br />of the City of South Bend, to regulate parking along streets and <br />public ways located within the City, and to erect and install <br />parking control devices designating such parking restrictions as <br />are determined by the Board; and <br />WHEREAS, included among such powers is the power to designate <br />certain streets and/or parts thereof as areas where parking is <br />restricted for use by mobility handicapped persons, known more <br />commonly as "handicapped parking spaces," and to erect and <br />install the appropriate traffic control devices therefore; and <br />WHEREAS, there is in effect within the City of South Bend, <br />Section 20-112 of the South Bend Municipal Code, regulating <br />handicapped parking spaces on public property, which provides, <br />among other matters, that handicapped parking spaces shall be <br />designated by both the appropriate sign and a blue curb; and <br />WHEREAS, it has been determined by the Board that the blue <br />curb requirement of Section 20-112(d) of the South Bend Municipal <br />Code is unnecessary for the fair and efficient enforcement of <br />handicapped parking restrictions approved by the Board; and <br />WHEREAS, the Common Council of the City of South Bend, has, <br />by Ordinance 7992-89, designated a fine of fifty dollars ($50.00) <br />as the fine payable through the City's Ordinance Violations <br />Bureau for violations of Section 20-112 of the South Bend <br />Municipal Code. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND, AS FOLLOWS: <br />1. That the blue curb requirement of Section 20-112(d) of <br />the South Bend Municipal Code, concerning the designation of <br />handicapped parking spaces, shall be, and hereby is, found to be <br />unnecessary. <br />2. That the Board directs the City Engineer and/or his <br />designee, to petition the Common Council of the City of South <br />Bend, to amend Sections 20-112 and 20-113 of the South Bend <br />Municipal Code as follows: <br />Section 20-1-1-2. Designation of Handicapped <br />Parking Spaces. <br />(a) Any person on behalf of any mobility <br />handicapped person or authorized group organization <br />representing the handicapped may request the Board of <br />Public Works to designate a space for handicapped <br />parking. <br />