Resolution No 24-2023 - Approving Settlement at 1445 E. Washington St.

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RESOLUTION NO. 24-2023 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING A SETTLEMENT AGREEMENT FOR WATERWORKS CUSTOMER WHEREAS, the City of South Bend Board of Public Works (“Board”) is the contracting body for the City of South Bend, Indiana (“City”); and WHEREAS, Michael Morin (“Owner”) is the owner of a house located at 1445 E. Washington Street, South Bend, Indiana 46617; and WHEREAS, Owner has been a customer of the City’s waterworks utility since at least 2004; and WHEREAS, Owner complained to the City and the waterworks utility since approximately 2004 of incorrect bills and meter reads; and WHEREAS, the City confirmed that Owner’s water meter was not reading correctly as far back as 2005; and WHEREAS, the City, by way of its adoption of the South Bend Municipal Utilities Rules and Regulations, dated 2019, has a procedure for reimbursing utility customers; and WHEREAS, due to the uniqueness and documented records of complaint by Owner between 2004 and the time the water meter was changed in 2022, the City wishes reimburse Owner at a level higher than typically permitted by the Regulations WHEREAS, in an effort to resolve the dispute amicably and fairly, the City and Owner have agreed to settle the dispute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board hereby ratifies and approves the settlement amount with Owner in the amount Twenty-One Thousand For Hundred Fifty-Seven and 77/100 ($21,457.77). 2. The President and Clerk of the Board, or their designees, are authorized and instructed to execute and attest, respectively, the settlement agreement as negotiated by the Department of Law and executed by Corporation Counsel. 3. This Resolution will be in full force and effect upon its adoption by the Board. Signature Page Follows