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08/08/11 Board of Public Works
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08/08/11 Board of Public Works
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Board of Public Works
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Minutes
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8/8/2011
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REGULAR MEETING AUGUST 8, 201.1 258 <br /> WHEREAS, pursuant to I.C. §36-9-6-2 and I.C. §36-9-6-3, the City of South Bend, <br /> Indiana Board of Public Works ("Board") has authority over the use of public rights of way and <br /> is responsible for the supervision of streets, alleys and other property of the City; and <br /> WHEREAS, persons wishing to use and block vehicular access to the public right-of-way <br /> must obtain approval to do so from the Board; and <br /> WHEREAS the Board receives numerous requests for permission to use and block <br /> vehicular access to the public right-of-way for special activities such as block parties, hog roasts, <br /> neighborhood gatherings and similar events; and <br /> WHEREAS, the Board supports restricting access to portions of the City, if such event(s) <br /> are based upon the support of citizens residing in the neighborhood, or such event is for the <br /> benefit and participation of such residents; and <br /> WHEREAS, the Board, through its Resolution No. 10-1989 adopted on March 6, 1989, <br /> as amended and restated through its Resolution No. 57-2008 adopted on August 25, 2008, has <br /> heretofore established certain policies and procedures related to such events; and <br /> WHEREAS,the Board desires to further amend and to restate its policies and procedures. <br /> NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of <br /> South Bend that policies and procedures previously established through its Resolution No. 10- <br /> 1989 shall be and hereby are amended and restated in its entirety as follows: <br /> 1. The policies and procedures established by the Board in this Resolution shall be <br /> applicable to all such requests where there is a request for use of and/or the blockage <br /> of access to the public right-of-way for a block party. Any and all approvals granted <br /> by the Board for such events shall be subject to these policies. <br /> 2. All requests for approval to use and/or block access to the public right-of-way shall <br /> be filed with the Clerk of the Board of Public Works, 1316 County-City Building, <br /> 227 West Jefferson, South Bend, Indiana 46601 not less than four (4) weeks prior to <br /> the proposed date of the event, and shall be accompanied by a non-refundable <br /> application fee of $50.00 to cover the administrative cost of processing the permit. <br /> All requests shall be made in writing on a prescribed Application Form which may be <br /> amended from time-to-time, the current form of which is attached hereto and <br /> incorporated herein as Attachment "A". <br /> 3. The Board shall refer all such Applications for review and recommendation to the <br /> South Bend Police Department Traffic Bureau, the City's Bureau of Traffic and <br /> Lighting, the City Attorney's Office, Division of Engineering, and may refer the <br /> Application to various other entities as the Board, in its sole discretion, believes <br /> necessary. Such review and recommendation shall take into consideration the traffic <br /> controls, traffic safety equipment and materials to ensure safe conduct of the event. <br /> Each entity reviewing the Application shall submit its recommendation to the Board <br /> within five (5) business days of receiving the Application for review. <br /> 4. The Board may deny any Application if the Board, in its sole discretion, determines <br /> that the proposed event: (i) will constitute a public safety hazard; (ii) will conflict <br /> with any other event within the City; (iii) is not an event which is consistent with the <br /> type of event described in this resolution; (iv) the event would interfere with normal <br /> City operations or services; or (v) upon receiving an unfavorable recommendation <br /> from any of the entities described in Paragraph 3, above. <br /> 5. The closing time for block parties approved by the Board shall be no later than 8:00 <br /> p.m. unless the Applicant presents evidence to the Board which the Board, in its sole <br /> discretion, believes is sufficient evidence to warrant the granting of a special <br /> ............. <br /> exception to the 8:00 p.m. closing time. <br /> 6. If alcohol is to be served or sold at the event, the Applicant shall submit a Certified <br /> Check or Money Order in an amount stated on the Application and shall be required <br /> to provide the names and contact information for three (3) security guards employed <br /> by Applicant in order to monitor underage drinking. <br /> 7. All Applicants shall be required to comply with all rules and regulations stated on the <br /> Application, the related Permit/Agreement and Instructions, as each may be amended <br /> from time-to-time, including, but not limited to, compliance with the City's noise <br /> ordinance. <br />
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