HomeMy WebLinkAbout11/09/88 Board of Public Works Special Meeting MinutesSPECIAL MEETING
NOVEMBER 9, .1988
A Special Meeting of the Board of Public Works was ccnvened at
11:06 a.m. on Wednesday, November 9, 1988, by Board President
John E. Leszczynski with Mr. Leszczynski, Mrs. Patricia E.
DeClercq and Ms. Katherine Humphreys present. Also present was
Assistant City Attorney Marva Leonard -Dent.
ADOPTION OF RESQLUTION NO. 35-1988 - APPROVING A SEWER USE AND
RATE ORDINANCE AND OTHER RELATED MATTERS
Mr. Leszczynski advised that as the Board of Public Works is
authorized to operate the Wastewater Treatment Plant and make
decisions regarding the operation of the Plant, it is the intent
of the Board to file with the Common Council a sewer use and rate
ordinance dealing with the Wastewater Treatment Plant Improvement
Project.
Mr. Leszczynski stated that a major part of the ordinance deals
with the $9.5 Million Dollar bond issue required to cover the
City's cost of the approximately $22 Million Dollar improvement
project at the Wastewater Treatment Plant. The City will be
receiving approximately $14 Million Dollars from state and
federal grants. An additional $9.5 Million Dollars will be
required for construction and such other items as engineering and
rate studies, interest costs, legal fees and other costs
associated with the bond issue. Mr. Leszczynski further advised
that the rate ordinance being submitted to the Common Council is
unlike any rate structure utilized in the past. It conforms with
federal guidelines and has been approved by the E.P.A. and State
of Indiana as to form and content and they have indicated that
the amount is reasonable and just in order to operate the Plant
properly in the years to come.
In response to questions asked by Mr. James Wensits, Reporter,
South Bend Tribune, Mr. Leszczynski advised that the ordinance
reflects a rate increase of twenty-eight percent (280), the new
rate will be seventy-four cents ($.74) per 100 cubic feet, the
bond issue period will be nineteen (19) years and one (1) month,
with only interest being paid the first two (2) years. He
further stated that the 1971 bond issue will be paid off in two
(2) years. Mr. Wensits informed the Board that he received a
telephone call from an individual regarding a large increase in
their water bill. He was advised that the person with the
concern should contact the Water Works in order that the bill can
be reviewed and the reason for the higher costs can be discovered
and explained.
In conclusion, Mr. Leszczynski stated that the rate increase
proposed in the ordinance being submitted to the Common Council
would have been higher had the City not received the grants which
it has been awarded for the Wastewater Treatment Plant
Improvement Project because improvements are necessary and the
project would have had to proceed with or without the grant
funds.
There being no further questions regarding this matter, upon a
motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and
carried, the following Resolution No. 35-1988 was adopted:
NO. 35-1988
RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA APPROVING A SEWER
USE AND RATE ORDINANCE AND OTHER RELATED MATTERS
WHEREAS, the City of South Bend, Indiana, (the "City"), has
previously established and now owns and operates through the City
of South Bend Board of Public Works (the "Board of Public
Works"), the South Bend Waste Water Treatment Plant (the
"Plant"), pursuant to IC 36-9-23 (the "Act"); and
SPECIAL MEETING NOVEMBER 9, 1988
WHEREAS, the Common Council of the City of South Bend,
Indiana (the "Common Council"), in its Resolution No. 1584-88 on
January 4, 1988 ratified the designation of the Soutn Bend
Wastewater Board of Commissioners by the Mayor of South Bend as
the certified and approved management agency for the control of
water pollution sources within its area of legal jurisdiction;
and
WHEREAS, the Common Council in its Resolution No. 1583-88 on
January 4, 1988 authorized and directed John E. Leszczynski,
president of the Wastewater Board of Directors, to submit
applications for grants to the U.S. Environmental Protection
Agency (the "E.P.A.") for Federal assistance under the Federal
Water Pollution Control Act Amendments of 1972 and to act as
representative of the City in connection with said application;
and
WHEREAS, the Wastewater Board of Commissioners in its
Resolution No. 1-1988 on January 5, 1988 indicated its
concurrence with the facility planning report recommending
certain improvements to the City of South Bend treatment and
disposal facilities subject to public acceptance at the public
hearing scheduled February 25, 1988 and with the City's intent to
construct, operate and maintain such proposed facilities in
accordance with state and federal requirements; and
WHEREAS, the Board of Public Works in its Resolution No.
27-1988 adopted on September 26, 1988 acknowledged its historical
exercise of authority over the construction, acquisition,
improvement, operating and maintenance of sewage waters pursuant
to IC 36-9-23-3 and ratified and assumed responsibility for all
contracts entered into by the Board of Public Works acting under
the title of "Board of Wastewater Commissioners" prior to
September 26, 1988; and
WHEREAS, the Board of Public Works desires to further
acknowledge and ratify the actions taken by the Wastewater Board
of Commissioners concerning the Grants; and
WHEREAS, the Indiana Department of Environmental Management
(the "I.D.E.M."), acting pursuant to 33 U.S.C. 1251, et seq. and
IC 13-7, et seq., on August 16, 1988 issued a revised National
Pollution Discharge Elimination System (the "NPDES") permit to
the City which establishes new effluent limitations for the
operations of the Plant and revoked the prior NPDES permit issued
by the I.D.E.M. on September 16, 1985; and
WHEREAS, compliance with the requirements of the NPDES
permit by the Board of Public Works will require the construction
of certain improvements to the Plant (the "Improvements"); and
WHEREAS, the City applied for grants from the E.P.A. and
from the I.D.E.M. in the amount of Twelve Million Twenty -Three
Thousand Eight Hundred Twenty-six Dollars ($12,023,826.00) and
Three Million Six Hundred Sixty-seven Thousand Eight Hundred
Twenty-five Dollars ($3,667,825.00) respectively (hereinafter
referred to collectively as the "Grants") to construct the
Improvements; and
WHEREAS, the City has been awarded a total of Thirteen
Million Seven Hundred Fifty-four Thousand Three Hundred
Twenty-five Dollars ($13,754,325) pursuant to the Grants
consisting of Ten Million Eighty-six Thousand Five Hundred Five
Dollars ($10,086,505) from the E.P.A. and Three Million Six
Hundred Sixty-seven Thousand Eight Hundred Twenty Dollars
($3,667,820) from the I.D.E.M. but in order to finance the
balance of the cost of the Improvements it will be necessary to
issue Waste Water Treatment Plant Revenue Bonds (the "Revenue
L',
1
MOM
SPECIAL MEETING
NOVEMBER 9, 1988
Bonds") in the amount of Nine
Dollars ($9,500,000) payable
works of the City; and
Million Five Hundred Thousand
out of the revenues of the sewage
WHEREAS, the Board
of Public Works
in its Resolution No.
29-1988 on October 17,
1988 approved the
plans, specifications
and cost estimates for
filed with the Board of
the construction
Public Works and
of the Improvements as
authorized publication
of Notice of Bids for the
Construction of
the Improvements with
the award of said bids
to be subject to
the award of the Grants
and issuance of the Revenue
Bonds; and
WHEREAS, a suggested form of a sewer use and rate ordinance
increasing the rates and charges to an amount sufficient to pay
all expenses incidental to the operation of the Plant, including
legal expenses, maintenance costs, operating charges, repairs,
and principal and interest charges on the Revenue Bonds, has been
duly considered by the Board of Public Works and found
satisfactory;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS AS FOLLOWS:
1. The Board of Public Works hereby acknowledges and
ratifies all actions taken by the Waste Water Board of
Commissioners relating to the Plant.
2. The Board of Public Works hereby requests the Common
Council of the City of South Bend to adopt the proposed sewer use
and rate ordinance increasing the rates and charges and
regulating the use, installation, and connection of sewers and
drains as provided in the form of rate ordinance presented at
this meeting.
3. The Clerk of the Board of Public Works is hereby
directed to present a copy of this resolution and said proposed
ordinance to the City Clerk for presentation to the Common
Council as soon as may be done.
4. This resolution shall be in full force and effect after
its adoption by the Board of Public Works.
ADOPTED at a meeting of the City of South Bend Board of
Public Works held on November 9, 1988, at the office of the Board
of Public Works, 1308 County -City Building, 227 West Jefferson
Blvd., South Bend, IN 46601, this 9th day of November, 1988.
CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
By: s/John E. Leszczynski
s/Patricia E. DeClercq
s/S. Katherine Humphreys
ATTEST:
s/Sandra M. Parmerlee, Clerk
ADJOURNMENT
There being no further business to come before the Board, upon a
motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and
carried, the meeting adjourned at 11:13 a.m.
ATTE
Sandra M. Parmerlee, Clerk