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Home My WebLink About9982-09 Appropriating $462,457 from the nonreverting loss recovery fund (#277) in 2009 for various expendituresORDINANCE No. .pro Passed by the Common Council of the City of South Bend, Indiana November 23, Attest: Attest: Ciry Clerk ~esident of Common Council Presented by me to the Mayor of the Ciry of Soutlz Bend, Indiana November 24, 2~9 2009 City Clerk Approved and signed by me November 24, 2p 09 Mayer ORDINANCE NO. ~ ~ $ 2 ~ d 1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890-08 which established the Nonreverting Loss Recovery Fund (#227). The purpose of the fund is to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible property. The City has received payments to date of $4,540,562.00 in this fund due primarily to the settlement of a MTBE contamination lawsuit. The Board of Public Works has identified $165,000.00 in necessary expenditures for granulated activated carbon for Water Works and $40,000.00 for services related to sampling, testing and a closure report for unknown UST that was found during the demolition of the former Studebaker Museum. These expenditures are eligible for appropriation in this fund. In addition, the Loss Recovery fund desires to reimburse Water Works for $257,457.00 in expenditures related to the MTBE lawsuit incurred during 2004 through 2007. The purpose of this ordinance is to establish the 2009 budget for the Nonreverting Loss Recovery Fund (#227) in the amount of $462,457.00. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: The following sum of money is hereby appropriated in the fiscal year 2009 and ordered set apart from and within the Nonreverting Loss Recovery Fund (#227) for expenditures as follows: 2009 Type of Expenditure Budget Supplies $165,000.00 Professional Services 40,000.00 Reimbursements 257,457.00 TOTAL 2009 BUDGET $462,457.00 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. e ttA~t ember of the Common Council Presented by me to the Mayor of the City of South J3end, Indiana, on the _ ~1~ day of ~ ~~-h.vv , 2009, at ! L ='t ~ o'clock ~ . m. ~Gt~S~n, Cit Clerk , /~e~,~ Approved and signed by me on the 2y ~ day of /~~~~"~~_-- , 2009, at 2 o'clock . m. l 1-~ ~' S 1 st READING ~ PUBLIC HEARING (~-L3'~ 3 rd READING ~, ~ -L3 -o~ NOT APPROVF,D. REFERRED. PASSED ~`-~3~0~ ~ ~- ~~ Mayor, City of uth Bend, Indiana ~ilcd In Cteck'~ Cfifiice NOV - 4 2009 CITY GI.E°!',, rD. E'.Eida, iN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 88-09 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzelfo Chairperson, Committee of the Whole 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LtrECxE, MAYOR DEPART1VfENT OF PUBLIC WORKS November 4, 2009 Mr. Derek Dieter, President South Bend Common Council 227 West Jefferson Blvd. South Bend, IN 46601 G~xY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS Re: Ordinance to Appropriate Monies from Loss Recovery Fund (#277) Dear Mr. Dieter: This is to request appropriation of some of the MTBE settlement funds that were deposited in the Loss Recovery Fund (#277). There are two projects. The first is $ 165,000 for replacement of spent granular activated carbon in our water treatment GAC units that protect the public water supply from threats from groundwater contamination. This is a firm bid price. This is a priority one use of the fund. The second project is $40,000 for sampling, testing, and a closure report for an unknown UST that was found during the demolition of the former Studebaker Museum. The proper closure report requires more field verification and reporting. In addition, the Loss Recovery Fund desires to reimburse Water Works for $257,457.00 in expenses related to the MTBE Lawsuit incurred during 2004 through 2007. I will be present to explain this Ordinance. Regards, ~ ~~_ Gary A. Gilot, P.E., Public Works Director cc: The South Bend Common Council Mayor Stephen J. Luecke Controller Gregg Zientara Office of the City Clerk Find {fl ~1et`k'~ t3t$iCe t~aV - ~ 2009 JONtd YOORDE CITY CLERY,, S0.6z}iD, }N. ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LITTRELL, P.E. ,JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 574/235-9251 574/277-8515 574/235-9316 Fax 574/235-9171 Fax 574/277-8980 Fax 574/235-9007 STREETS SAM HENSLEY 574/235-9244 Fax 574/235-9272 WATER WORKS JOHN F. STANCATI 574/235-9322 Fax 574/235-9728