HomeMy WebLinkAboutAppropriating the Sum $155,000.00 Payment of Judgements Aganist the CityORDINANCE No. 7231 -83
Passed by the Common Council of the City of South Bend, Indiana
M
August 8, 10 83
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Ind*ana
August 9. rg 83
�JJ
City Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by m— Ulr UST 1711 9
City Clerk
ORDINANCE NO. 7 ,a.3L_,Y9
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING THE SUM OF ONE HUNDRED FIFTY -FIVE
THOUSAND DOLLARS ($155,000.00) FOR PAYMENT OF
JUDGMENTS AGAINST THE CITY
STATEMENT OF PURPOSE AND INTENT:
WHEREAS, the Controller of the City of South Bend, Indiana
(Controller), has determined that there has been judgments rendered
against the City of South Bend, Indiana (City), in the case of
Wilbur Smith and Associates v. City of South Bend, Cause No. K -3768,
in the St. Joseph Superior Court, May 19, 1982, in the principal sum
of $15,000.00, together with prejudgment interest in the sum of
$7,242.92, and the cost of the action; and in the case of Dennis M.
Swanson, et al., v. City of South Bend, et al., Cause No. K-4975, in
the St. Joseph Circuit Court, on December 8, 982, in the amount of
$112,806.00, together with the cost of the action, together with
interest on those two money judgments from the date of each judgment
until satisfaction of said judgment at an annual rate of 12 %; and
WHEREAS, the
has no funds available
levy with which to pay
together with interest
Common Council of the
authorize the issuance
Controller has also determined that the City
or provided for in the existing budget and tax
those two money judgments entered against it,
on those judgments, and has requested the
City of South Bend (Common Council) to
and sale of bonds of the City in order to
procure the funds to pay the judgments rendered against the City;
WHEREAS, the Common Council now finds that the City has no
funds available or provided for in the existing budget and tax levy
with which to pay those two money judgments entered against it, to-
gether with interest on those judgments, making it necessary to
authorize the issuance of bonds of the City in order to procure the
required funds and the Common Council now determines that an
extraordinary emergency exists for the expenditure of more money than
was set out in the published budget and the making of the additional
appropriation hereinafter set out;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND:
SECTION 1. That the sum of One Hundred Fifty -five
thousand Dollars 155,000.00) shall be appropriated out of the
proceeds of the bonds authorized pursuant to Ordinance No.
by the Common Council and designated as "Judgment Funding Bons of
1983" for the use of the Common Council in paying the following:
(a) in the case of Wilbur Smith and Associates v. City of
South Bend, Cause No. K -3768, in the t. osep uperior Courtt, ju�Icg-
ment entered May 19, 1982, the principal sum of $15,000.00, together
with prejudgment interest in the sum of $7,245.92, the cost of the
action, and interest since the date of judgment until satisfaction
at an annual rate of 12 %.
(b) in the case of Dennis M. Swanson et al., v. City of
South Bend, et al., Cause No. K-4975, in the St. Joseph Circuit
Court, judgment entered December 8, 1982, the principal sum of
$112,806.00, the cost of the action, and interest since the date of
judgment until satisfaction at an annual rate of 12 %.
(c) all necessary and incidental expenses relating to the
issuance and sale of the bonds.
SECTION 2. This Ordinance shall be in full force and
effect from and after passage and signing by the Mayor.
1st READING 7--VS-8S
PUBLIC HEARING
2nd READING
NOT APPROVED
REFERRED
PASSED
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
ember of h Common Council
T 819ned only to provide an
Opportunity for public discussion
-And Council action on the issue.,
FILED IN CLECTS OFFICE
J U L 2 0' 1983
- 2 - Irene Gammon
CITY CLERK, SOUTH BEND, IND.
CITY ®f SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Joseph E. Kernan July 18 , 19 83 219/284 -9742
Director, Administration and
Finance
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
Dear Members of the Council:
The attached bill would appropriate the funds in the Judgment
Funding Bond which is required to pay two judgments previously
rendered against the City. This appropriation is needed because
there are no other funds available to pay the judgments.
Your favorable consideration of this bill is requested.
Sincerely,
6:2seph E. Kernan
City Controller
JEK:elc
Attachment
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(To tot Tommon Toy mil of tot (Ittg of # 11ut4 Tend:
Your Committee OF THE WHOLE
to whom was referred
82 -83 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE
SUM OF ONE HUNDRED FIFTY —FIVE THOUSAND DOLLARS ($155,000.00)
FOR PAYMENT OF JUDGMENTS AGAINST THE CITY.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE
RECOMMENDED TO THE COUNCIL FAVORABLE. _
RAY ZIELINSKI
Chairman
FRE4 PRESS 04,AW PUBLISHING CO.