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10/11/04 Board of Public Works Minutes
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10/11/04 Board of Public Works Minutes
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Board of Public Works
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Minutes
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10/11/2004
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SPECIAL MEETING OCTOBER 15, 2004 <br /> A special meeting of the Board of Public Works was convened at 2:35 p.m. on Friday, October 15, <br /> 2004, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. <br /> Also present was Board Attorney Thomas Bodnar and Attorney John Livingston, <br /> APPROVAL OF AGREEMENT - SALE OF ASSETS - BENCHWARMERS <br /> Mr. Gilot stated that the Board is in receipt of an Agreement for the Sale of Assets for <br /> Benchwarmers Sports Lounge and the City of South Bend,in the amount of$55,649.60. Mr. Chuck <br /> Leone, City Attorney, was present and indicated that the City filed suit against Benchwarmers in <br /> June of 2003 for nuisance proceedings. Police Chief Thomas Fautz estimated the City of South <br /> Bend incurred a cost of approximately $60,000.00 for overtime police assistance in this area, <br /> resulting from problems occurring in or around Benchwarmers. The purchase of the assets will be <br /> a substantial savings to the City of South Bend. <br /> The City has an opportunity to purchase the assets under the lease with the building that <br /> Benchwarmers resides in. This includes all the fixtures within the building. A list of these assets, <br /> which appear to be replacement values of items in the building, was presented to the Board by Mr. <br /> Leone. In addition, the liquor license will be placed in Escrow. All searches for liens and/or <br /> judgements have been performed. The City of South Bend will not assume any liability or liens in <br /> this transaction. <br /> Mr. Bodnar stated that I.C. 5-22-10-1 provides a number of methods and circumstances in which it <br /> is not necessary to follow a bidding process. I.C. 5-22-10-5 states: <br /> "A purchasing agent may make a special purchase where there exists a unique opportunity <br /> to obtain supplies or services at a substantial savings to the governmental body". <br /> Furthermore, I.C. 5-22-10-14 allows for purchase when there is only one source of supply and the <br /> written determination of that fact by the purchasing agency. Finally, there is also a separate <br /> requirement set forth in I.C. 5-22-10-2 that: A special purchase must be made with competition as <br /> is practicable under the circumstances. Given the materials, this special purchase meets the <br /> requirement of I.C. 5-22-10-1 <br /> Therefore,upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement for <br /> the Sale of Assets was approved and executed. <br /> APPROVAL OF RIGHT OF WAY EASEMENTS <br /> Mr. John Livingston presented right-of-way easements in conjunction with the Bendix Relocation <br /> project along Meade Street in South Bend's west side, as submitted. Upon a motion made by Mr. <br /> Gilot, seconded by Mr. Littrell and carried, the easements were approved. <br /> ADJOURNMENT <br /> There being no further business to come before the Board, upon a motion made by Mr. Gilot, <br /> seconded by Mr. Inks and carried, the meeting adjourned at 2:55 p.m. <br /> BOARD OF PUBLIC WORKS <br /> Gary . Gilot, Preside <br /> Carl P. Littrell, Member <br /> Donald E. Inks, Member <br /> Angela K` acob, Cl`rk <br />
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