12/06/10 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 6 2010 377 WHEREAS, the care, custody and control of City -owned property is vested in its Board of Public Works ('Board ") pursuant to Ind. Code § 36- 9 -6 -3, WHEREAS, in accordance with Ind. Code § 36-1-11-9, the Board may trade or exchange property of a similar nature as part of the purchase of new property; and WHEREAS, in accordance with Ind. Code § 5- 22 -22 -3, the Board may also dispose of property that is deemed to be no longer needed or is unfit for the purpose for which is was intended; and WHEREAS, the City of South Police Department owns the following handguns which are not effective and are no longer suitable for use by the South Bend Police Department: FIFTY -NINE (59) HANDGUNS, ONE - HUNDRED AND TWENTY (120) TWO (2) POINT SLINGS AND FIFTY -THREE 53 PR -24'S (SERIAL NOS. ATTACHED) and WHEREAS, the City of South Bend Police Department is in need of these weapons for accuracy and weapon control in forced entry situations, the trade by the South Bend Police Department with Vance's Law Enforcement of the above handguns for handguns that are similar in nature and of higher value is desired: NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend the trade by the South Bend Police Department of the handguns as indicated above. ADOPTED this 6th day of December 2010. s /Gary A. Gilot s/ Donald Inks s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 79 -2010 — ON THE DISPOSAL OF CITY OWNED PROPERTY AND UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 79 -2010 A RESOLUTION OF THE BOARD OF PUBLIC WORKS ON THE DISPOSAL OF CITY OWNED PROPERTY AND UNFIT AND /OR OBSOLETE PROPERTY WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend. WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570 -95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement. "; and: WHEREAS, James Brien has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and