HomeMy WebLinkAbout02/28/85 Board of Public Works Special Meeting MinutesNO
SPECIAL MEETING
FEBRUARY 28, 1985
A Special Meeting of the Board of Public Works was convened at
9:32 a.m. on Thursday, February 28, 1985, by President John E.
Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr.
Michael L. Vance present. Also present was Assistant City
Attorney Carolyn V. Pfotenhauer.
APPROVE ADDENDA TO LEASE PURCHASE AGREEMENTS - CLAY UTILITIES,
INC. (WATERWORKS FACILTTIES AND SEWAGE DISPOSAL FACILITIES)
Mr. Robert M. Parker, Attorney at Law, Parker, Brunner and
Hamilton, 120 West LaSalle Avenue, South Bend, Indiana, special
counsel regarding the Clay Utilities transaction, submitted to the
Board for approval an Addendum to Lease for Clay Utilities, Inc.
Sewage Disposal Facilities and an Addendum to Lease for Clay
Utilities, Inc., Waterworks Facilities. Mr. Parker advised that
the original Lease Agreements were approved and executed by the
Board of Public Works on September 4, 1985, and after subsequent
approval by the Common Council, dated October 9, 1984. He further
advised that a subsequent remonstrance filed with the Public
Service Commission has since been dismissed. It was further noted
that on February 19, 1985, the Stream Pollution Control Board
determined that the provisions for sewage treatment by Clay
Utilities, Inc. are sufficient. Additionally, on February 26,
1985, the State Board of Health determined that the provisions for
sewage treatment by Clay Utilities, Inc. are sufficient.
The Addenda presented today establishes the beginning date of the
Lease Purchase Agreements, said date being March 1, 1985. The
beginning date stated in the Addenda differs from the original
Lease Agreement in that the original Agreements indicate that the
term is for sixteen (16) years beginning on the 15th day of the
month following the date all conditions set -forth in Paragraph One
have been satisfied. The Addenda state that the parties have
determined that it is in their mutual best interest to establish a
beginning date on the 1st day of the month instead of the 15th day
of the month following the date all of said conditions have been
satisfied. Therefore, the 1st day of March 1985, has been
established as the beginning date of the Leases.
Mr. Parker further advised that Clay Utilities, Inc. is
responsible for the payment of 1984, payable 1985, personal and
property taxes. The execution of the Addenda today establishes a
cut-off date for the payment of 1985, payable 1986, taxes by the
City entering to a Lease Purchase Agreement prior to March lst
which is the assessment date. The City will be responsible for
taxes for ten (10) months of 1985, payable in 1986, but
anticipates an exemption from the payment of these taxes.
There being no further discussion or questions regarding this
matter, upon a motion made by Mr. Hill, seconded by Mr. Vance and
carried, the above referred to Addenda to Leases between the City
and Clay Utilities, Inc. for Waterworks Facilities and Sewage
Disposal Facilities were approved and executed.
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II
SPECIAL MEETING
FEBRUARY 28, 1985
ADJOURNMENT
There being no -further business to come-�be€ore the Board, upon a
motion made by Mr. Leszczynski, seconded=by'Mr--:.-Hill and carried,
the meeting adjourned at 9:39 a.m.
ATTEST:
Sandra M. Parmerlee, Clerk