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HomeMy WebLinkAbout11/22/88 Board of Public Works Special Meeting MinutesSPECIAL MEETING NOVEMBER 22, 1988 A special meeting of the Board of Public Works was convened at 11:10 a.m. on Tuesday, November 22, 1988 by Board President John E. Leszczynski with Mr. Leszczynski and Mrs. Patricia E. DeClercq present. Also present was Assistant City Attorney Marva Leonard -Dent. ADOPT RESOLUTION NO. 36-1988 - APPROVING ORDINANCE AUTHORIZING ISSUANCE OF ADDITIONAL WASTEWATER REVENUE BONDS AND RECOMMENDA- TION OF ADOPTION OF ORDINANCE TO COMMON COUNCIL Mr. Leszczynski advised that this resolution recommends in favor of the issuance of revenue bonds in the amount of Nine Million Five Hundred Thousand Dollars ($9,500,000) for improvements to the Waste Water Treatment Plant and also recommends that the Common Council take favorable action by adoption of the proposed ordinance. Along with federal and state grants there will be nearly Twenty Three Million Dollars ($23,000,000) of improvements to the Waste Water Treatment Plant. These improvements are necessary to meet new permit requirements. Mr. Joseph Guentert, 3510 Corby, was present and spoke to the Board. He stated that costs for the improvements have varied over time. He also questioned if all the improvements are really necessary. Mr. Leszczynski advised him that the Indiana Department of Environmental Management and the Environmental Protection Agency have concurred that the improvements are necessary. Mr. Guentert objected to the ten cents mg/1 for excess BOD and believes it should be eighteen cents. Mr. Leszczynski explained that the EPA and IDEM have approved the new rate. The City is meeting permit requirements with New Energy on-line. The City must adjust for the future with new requirements coming along. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following resolution was adopted: RESOLUTION NO. 36-1988 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING A WASTE WATER TREATMENT PLANT REVENUE BOND ORDINANCE, RECOMMENDING ITS ADOPTION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AND OTHER RELATED MATTERS WHEREAS, the Board of Public Works of the City of South Bend, Indiana (the "Board of Public Works"), in its Resolution No. 29-1988 on October 17, 1988 approved the plans, specifica- tions and cost estimates for the acquisition and construction of certain improvements (the "Improvements") to the South Bend Waste Water Treatment Plant (the "Plant") as filed with the Board of Public Works, and 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 federal and state grants (the "Grants") in a total amount of Thirteen Million Seven Hundred Fifty -Four Thousand Three Hundred Twenty -Five Dollars ($13,754,325) and the issuance of Waste Water Treatment Plant Revenue Bonds (the "Revenue Bonds"); and WHEREAS, the Board of Public Works in its Resolution No. 35-1988 on November 9, 1988 approved a proposed 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 interest charges on the Revenue Bonds, and SPECIAL MEETING NOVEMBER 22, 1988 found that in order to finance that portion of the cost of the Improvements not paid for with the Grants it will be necessary to issue Revenue Bonds in the amount of Nine Million Five Hundred Thousand Dollars ($9,500,000) payable out of the revenues of the sewage works of the City of South Bend, Indiana; and WHEREAS, a proposed form of bond ordinance to finance that portion of the cost of the Improvements to the Plant not be paid for with the Grants has been duly considered by the Board of Public Works and found satisfactory, a copy of which proposed bond ordinance is attached hereto as Exhibit A; and WHEREAS, the Board of Public Works desires to recommend the adoption of the proposed ordinance to the Common Council of the City of South Bend (the "Common Council"), NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board of Public Works requests the Common Council to authorize the issuance of Waste Water Treatment Revenue Bonds in the amount of Nine Million Five Hundred Thousand Dollars ($9,500,000), on the terms and conditions set out in the proposed form of bond ordinance presented at this meeting, by the adoption of said proposed ordinance. 2. 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. 3. This Resolution shall be in full force and effect after its adoption by the Board of Public Works. ADOPTED at a special meeting of the City of South Bend Board of Public Works held in the Department of Public Works conference room on the thirteenth floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, this 22nd day of November, 1988. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq ATTEST: s/Maryrose Putz, Acting Clerk APPROVE STIPULATION AND AGREEMENT - SIBLEY MACHINE AND FOUNDRY CORPORATION In a letter to the Board Carolyn V. Pfotenhauer, Assistant City Attorney, advised that Sibley Machine and Foundry is in reorganization under Chapter 11 of the Bankruptcy Code. Sibley was indebted to the City of South Bend evidenced by a Loan Agreement and Subordinated Security Agreement in the original principal amount of $187,500.00 dated September 1, 1987. There is a current principal balance owing of $187,500.00 with interest past due. They were to have made a $24,282.11 payment to the City on September 1, 1988. Sibley failed to make that payment and this agreement requires them to pay the City $4,000.00 per month until the full amount of $24,282.11 is paid. Mr. Leszczynski advised that this Agreement is to make sure the City's interests are covered. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above referred to Stipulation and Agreement was approved. SPECIAL MEETING NOVEMBER 22, 1988 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 11:24 a.m. oh Leszczynsk' Patricia E . DeClercq tlierine" Humphrey :ATTE T: Sandra M. Parmerlee, Clerk 1 1