HomeMy WebLinkAboutResolution No 24-2023 - Approving Settlement at 1445 E. Washington St.
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
May 9, 2023
Mr. Michael Morin
1445 E. Washington St.
South Bend, IN 46617
RE: Settlement Agreement - Resolution No. 24-2023
Dear Mr. Morin:
At its May 9, 2023 meeting, the Board of Public Works approved the above referenced
agreement for being overcharged during monthly billings due to a faulty water meter at 1445
E. Washington St. back from 2004 in the amount of $21,457.77.
Enclosed please find a copy of the agreement for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
April 7, 2023
Re: needed adjustment
Michael Morin
1445 East Washington Street
In a recent audit of Mr. Morin’s account for services at 1445 East Washington Street, South
Bend Municipal Utilities found an error in the billing calculations of one of his meters. The Irrigation
meter, #34632122, was calculating incorrectly at a higher rate because of a decimal placement error.
We reviewed all the billing for this meter all the way back to the start of this account and have
attached the calculations that we believe are needed to fix/adjust the account. With rate changes that
have occurred both increases and decreases, throughout the years, we have taken all of those rates into
consideration into our calculations. Also, because this occurred back to when we do not have records of
the usage, we had to take an average of the meter usage from the years we did have to calculation
some of the yearly adjustments.
We feel this adjustment is entitled to our customer to make things correct and return his billing
to normal billing status. The South Bend Municipal Utilities Rules and Regulations, revised June 2019
states that we can go back two years for an adjustment. Since the adjustment dates back further we are
asking for the approval from the Board of Public Works. Mr. Morin inquired initially about his account,
and then again in 2008. There were repairs made but because of the way his meter was entered into the
billing system, it billed for 9 times the amount of units used.
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
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on May 9, 2023.
May 9, 2023
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 4/26/23
Name Michael Schmidt Department Legal
BPW Date May 9, 2023 Phone Extension Ext. 5860
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Michael Schmidt
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