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VII. NEW BUSINESS b. PROGRAMMATIC AGREEMENT
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November 18, 2019
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VII. NEW BUSINESS b. PROGRAMMATIC AGREEMENT
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<br /> 10/3/2019 <br /> Page 11 <br />to projects and updates to the IHSSI for St. Joseph County and the IHSSI for the <br />City of South Bend. The Indiana SHPO may request documentation be <br />submitted or make a site visit to review the work outside of the annual reporting <br />with reasonable notice. <br /> <br /> C. This Annual Report shall include: <br />1. a list of projects, categorized by name, exempt status, whether or not a <br />historic property was involved, the address and IHSSI site number of any <br />historic properties involved, determination of effect <br />2. the views of the City regarding the effectiveness of the Programmatic <br />Agreement <br />3. suggestions for additional actions that could be considered for inclusion <br />in the Exempt Activities list. <br /> <br />X. DISPUTE RESOLUTION <br /> <br />Should any signatory or concurring party to this Agreement object at any time to any actions <br />proposed or the manner in which the terms of this Agreement are implemented, the City shall <br />consult with such party to resolve the objection. If the City determines that such objection cannot <br />be resolved, the City will: <br /> <br />A. Forward all documentation relevant to the dispute, including the City’s proposed <br />resolution, to the ACHP. The ACHP shall provide the City with its advice on the <br />resolution of the objection within thirty (30) days of receiving adequate <br />documentation. Prior to reaching a final decision on the dispute, the City shall <br />prepare a written response that takes into account any timely advice or comments <br />regarding the dispute from the ACHP, signatories and concurring parties, and <br />provide them with a copy of this written response. The City will then proceed <br />according to its final decision. <br /> <br />B. If the ACHP does not provide its advice regarding the dispute within the thirty <br />(30) day time period, the City may make a final decision on the dispute and <br />proceed accordingly. Prior to reaching such a final decision, the City shall <br />prepare a written response that takes into account any timely comments regarding <br />the dispute from the signatories and concurring parties to the Agreement and <br />provide them and the ACHP with a copy of such written response. <br /> <br />C. Carry out all other actions subject to the terms of this Agreement that are not the <br />subject of the dispute remain unchanged. <br /> <br />XI. EMERGENCIES <br /> <br />A. When an emergency undertaking is required, the City shall allow the Indiana <br />SHPO five (5) business days from receipt of the information to respond, if feasible. <br />Emergencies exist when there is a need to eliminate an imminent threat to health <br />and safety of residents as identified by local or County building inspectors, fire <br />department officials, or other local or County officials. <br />1. The City shall forward documentation to the Indiana SHPO for review <br />immediately upon notification that an emergency exists. Documentation <br />should include a) nature of the emergency; b) the address of the historic
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