06232020 Board of Public Works Meeting

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REGULAR MEETING JUNE 23, 2020 117 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; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, SERGEANT NATHAN CANNON retired effective June 5, 2020, from the South Bend Police Department after thirty-six (36) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that handgun Serial No. NDS9973, a Smith and Wesson M&P9 Handgun, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 23RD Day of JUNE, 2020. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Elizabeth A. Maradik s/ Therese J. Dorau s/ Jordan V. Gathers s/ Joseph R. Molnar ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 18-2020 — A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS AUTHORIZING ACQUISITION OF CERTAIN PROPERTY Mr. Gilot noted this resolution authorizes Mr. Dave Relos, Community Investment, to proceed with acquisition of property, but questioned if the buyer doesn't agree, will this come back to the Board under eminent domain proceedings? Attorney McDaniels stated this allows general authorization of acquisition of multiple properties by any means needed. She noted the City doesn't invoke eminent domain unless good faith negotiations are unsuccessful. She added this process began in 2018 and the legal process and documents will be overseen entirely by the Legal Department. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.18-2020 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AUTHORIZING ACQUISTION OF CERTAIN PROPERTY WHEREAS, Ind. Code § 32-24-1 establishes certain statutory procedures for the acquisition by a municipality of property for public use; and WHEREAS, the City of South Bend Board of Public Works (the "Board) is empowered to carry out acquisition of property pursuant Ind. Code §§ 32-24-1-3(a) and 36-9- 6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal property of the City of South Bend ("City"); and