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REGULAR MEETING FEBRUARY 28-20.12 62 <br />ADOPTED at a meeting of the Board of Public Works held on February 28, 2012 at 227 <br />West Jefferson, Room 1308, County -City Building, South Bend, Indiana 46601. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s/ Gary A. Gilot <br />s/ Donald E. Inks <br />sl Kathryn E. Roos <br />ATTEST: <br />s /Linda M. Martin, Clerk <br />ADOPT RESOLUTION NO. 13 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD <br />OF PUBLIC WORKS ON THE DISPOSAL OF CITY -OWNED PROPERTY AND UNFIT <br />AND /OR OBSOLETE PROPERTY <br />Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution <br />was adopted by the Board of Public Works: <br />RESOLUTION NO. 13 -2012 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS ON THE DISPOSAL OF <br />CITY OWNED PROPERTY AND UNFIT AND /OR OBSOLETE PROPERTY <br />WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the <br />right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana <br />statutes, all real and personal property owned by the City of South Bend. <br />WHEREAS, the Common Council of the City of South Bend passed as amended on <br />January 9, 1995, Ordinance No. 8570 -95 which states that upon retirement with twenty (20) or <br />more years of service: "Upon retirement with twenty (20) or more years of service to the City of <br />South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to <br />retain as his or her own personal property, the fire helmet used by such Firefighter immediately <br />prior to giving notice of his or her retirement. "; and: <br />WHEREAS, Mark Nowicki and Howard Buchanon have retired from the South Bend, <br />Indiana Fire Department after twenty (20) or more years of service individually, and the Board of <br />Public Safety of the City of South Bend, Indiana has determined that they have retired in good <br />standing; and <br />WHEREAS, Chief Stephen Cox has advised that the fire helmets and boots previously <br />worn by these Firefighters are of no further use to the Department and of no practical value; <br />WHEREAS, Indiana Code 5 -22 -22 permits and establishes procedure for disposal of <br />personal property which is unfit for the purpose for which it was intended and which is no longer <br />needed by the City. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of <br />South Bend that the items listed above are no longer needed by the City; are unfit for the purpose <br />for which they were intended and have an estimated value of less than one thousand dollars <br />($1,000.00). <br />BE IT FURTHER RESOLVED that said items may be transferred or sold at public <br />auction or private sale, without advertising. However, if the property is deemed worthless, such <br />may be demolished or junked. <br />NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of <br />South Bend that the fire helmets and boots worn by these Firefighters are no longer needed by <br />the City and unfit for the purpose for which they were intended and have an estimated fair <br />market value of less than One Thousand ($1,000.00) Dollars. <br />