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REGULAR MEETING NOVEMBER 22, 2010 362 <br />upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above request was <br />approved. <br />ADOPT RESOLUTION NO. 73 -2010 — A RESOLUTION OF THE BOARD OF PUBLIC <br />WORKS OF THE CITY OF SOUTH BEND INDIANA CONCERNING EMERGENCY <br />BOARD -UP CONTRACTS <br />Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following <br />Resolution was adopted by the Board of Public Works: <br />RESOLUTION NO. 73 -2010 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND <br />INDIANA, CONCERNING EMERGENCY BOARD -UP CONTRACTS <br />WHEREAS, the public welfare and safety of residents of the City of South Bend require <br />that the City have the power to force the sealing of unsafe buildings; and <br />WHEREAS, the State of Indiana has enacted a statute, I.C. 36- 7 -9 -9, which may be <br />adopted by municipalities to take emergency action to seal up unsafe buildings; and <br />WHEREAS, the City of South Bend has adopted I.C. 36 -7 -9 -9 by ordinance; and <br />WHEREAS, the Department of Code Enforcement has designated the Chief of the South <br />Bend Fire Department as its designee for purposes of Article 10 of Chapter 6 to determine <br />whether an emergency exists resulting from and incidental to fire damage and which requires <br />boarding of the structure to remove the immediate danger and to select a contractor in the <br />manner provided for herein to board -up the structure. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of <br />South Bend, that the Fire Chief and the Police Chief of the City of South Bend, Indiana, hereby <br />are designated as agents for the Board, and hereby are authorized to enter into contracts with <br />individual contractors for emergency board -up of structures. <br />BE IT FURTHER RESOLVED by the Board of Public Works that the following terms <br />and conditions shall be and hereby are, binding upon all individual contractors providing <br />emergency board -up services to the City and shall be and hereby are made a part of every <br />contract for emergency board -up services entered into between the Chief of the South Bend Fire <br />Department ( "SBFD ") or the Chief of the of South Bend Police Department ( "SBPD ") and any <br />such individual for such services. <br />1. Contractors shall be called by the South Bend Police Department <br />Communications Center'(" SBPDCC ") when necessary off a rotating list, which list is to be kept <br />available for public inspection during normal business hours at the SBPD. <br />2. Any contractor can be placed on the list by filing an application with the Board of <br />Public Works. Upon the application being formally filed with the Board, and the posting of the <br />required bond, as required herein, the new contractor shall be placed at the bottom of the list. <br />3. Contractor may be removed from the list by: <br />a. At any time by the contractor's request. <br />b. For a period of one year upon any of the following: <br />i. On three (3) occasions within any three hundred sixty -five (365) day <br />period contractor fails to respond after notice by SBPDCC. Failure to <br />respond includes: (A) Contractor fails to notify SBPDCC within fifteen <br />(15) minutes after notice that it can or cannot accept the job; (B) <br />Contractor fails to commence securing the structure within one (1) hour <br />after notice; (C) Contractor cannot be reached by the SBPDCC. <br />ii. Within one (1) hour after notice the contractor fails to secure the <br />structure and further damage occurs to the structure. <br />1 <br />F <br />1 <br />