The URL can be used to link to this page

Home My Public Portal About2900-1974 - Execution of an agreement & an Appropriation for Board of Public Works & Safety budget from general fundORDINANCE NO. 2900-1974 AN ORDINANCE AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT AND AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES AND APPROPRIATING THE SUM OF SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) FOR BOARD OF PUBLIC WORKS AND SAFETY BUDGET, CURRENT CHARGES: 5-53 REFUNDS, AWARDS AND INDEMNITIES. WHEREAS, R.W. Clinton & Associates, Inc. has been awarded a judgment against the City of Richmond, Indiana, in the Wayne Circuit Court, being Cause No. C-71-5893-C, dated March 26, 1973 in the amount of Nineteen Thousand Dollars ($19,000.00), and the City has appealed said judgment to the Court of Appeals of Indiana, under Cause No. 1- 1073-A-176; the basis of which judgment and lawsuit therefor is disputed; and WHEREAS, the City of Richmond, Indiana, desires to expand the City of Richmond Downtown Mall or Promenade (presently existing from 6th to loth Streets on what was formerly Main Street) from 6th to 5th Streets and, further, the City desires to employ the said R.W. Clinton $ Associates, Inc. to perform the architectural and engineering services for the planning, preparation and construction of said Mall; and WHEREAS, certain extraordinary emergencies have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money for the various functions of the City Government than was approp- riated in the annual budget. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana: SECTION 1. That the Board of Public Works and Safety of the City of Richmond, Indiana, is hereby authorized to enter into and execute that certain Settlement Agreement, a copy of which is attached hereto, with R.W. Clinton & Associates, Inc. SECTION 2. That the said Board of Public Works and Safety is further authorized to execute that certain Agreement for architectural and engineering services, a copy of which is attached hereto, with the said R.W. Clinton $ Associates, Inc. SECTION 3. That for the expenses of the City Government and its institutions for the year ending December 31, 1974, the following amount of money is hereby appropriated and set apart out of the fund named and for the purpose specified. Said sum being subject to all laws governing the same. Such amount appropriated shall be held to include all expenditures authorized to be made during the year, unless expressly stipulated by law. SECTION 4. That for the said fiscal period, there is hereby appropriated from the General Fund the following specified amount to meet the extraordinary emergency hereby declared to exist: BOARD OF PUBLIC WORKS AND SAFETY BUDGET, CURRENT CHARGES: 5-53 REFUNDS, AWARDS AND INDEMNITIES AMOUNT REQUESTED AMOUNT APPROPRIATED $7,500.00 $7,500.00 SECTION 5. This Ordinance shall be in full force and effect from and after its passage and approval by the Mayor and is subject to the laws of the State of Indiana governing emergency appropriations. PASSED AND ADOPTED by the Cogimon Counci of the City of Richmond, Indiana, this day of 1974. resi t o t e Common Council ATTEST:� City Clatk PRESENTED to the Honorable Mayor, Byron E. Klute, Mayor of t e City of Richmond, Indiana, this day of 1974. City Cle APPROVED by me, Byron E.,�CluWe, Mayor f the City of Richmond, Indiana, thi s�_ day of y 1974. �ay r ATTEST: e Z� City ler CITY OF RICHMOND I N D I A N A 4 Robert G. Burton OFFICE OF THE CITY ATTORNEY Jl � i &A/G(Ak City Attorney May 30, 1974 To: Members of Common Council Re: Ordinance No. 2900-1974: Settlement Agreement of R.W. Clinton $ Associates, Inc. judgment against City, and extension of Mall project We have worked out the details of the settlement of the judgment of R.V. Clinton & Associates, Inc. against the City in the amount of Nineteen Thousand Dollars ($19,000.00) (plus interest) dated March 26, 1973. As you can see from the agreement, it is upon terms favorable to the City, considering the limited liklihood of success on appeal. At the same time, and as a condition of the settlement, we have secured the terms of the agreement for architectural and engineering services with Clinton for the extension of the Mall from 6th to Sth Streets. These agreements are both attached and made a part of Ordinance No. 2900-1974 which calls for the appropriation of Seven Thousand Five Hundred Dollars ($7,S00.00) as payment in return for Clinton showing satisfaction of the judgment and we dismiss the appeal. I know you have been aware of the negotiation of both these agreements for some time. Two extensions of time for Clinton to file his brief with the Court of Appeals have been obtained during these negotiations. It will now be important to have the first reading of the Ordinance on this coming Monday, June 3, 1974, and second reading on June 17, 1974. Please feel free to call me, if you like, about this prior to the Council meeting. Very truly yours, Robert G. Burton City Attorney RGB:mm STATE OF INDIANA ) SS PROOF OF POSTING OF ADDITIONAL APPROPRIATIONS COUNTY OF WAYNE } Margaret Mellen , City Clerk being first duly sworn upon her oath, disposes and says; That she did, on the 6th day of June 19 74 , post in three public places in the City of Richmond, Indiana, a copy of the Notice to Taxpayers of a public hearing to be held on June 19 , 1974 , on the matter of additional appropriations. Said notice was in the form attached hereto, and was posted in the following places. 1. City Hall 2. Wayne County Courthouse 3. Promenade ity Clerk Subscribed and sworn to before me, a Notary Public, this day of ��1 , 19�74. i I j Notary Public My commission, expires : EXCERPTS OF THE MEETING OF THE COMMON COUNCIL OF THE CITY OF RICHMONDD INDIANA The Common Council of the City of Richmond, Indiana, met in regularl�es in the Council Chambers in the Municipal Building of said City 76, at the hour of 7.30 p.m. (EST). CouncilmanFar-irn � presided with the following members present: Messrs. Brown Cornett Elstro Geier r Meerc an ouse shielas Williams r a Absent: Mills _ The following business was had to -wit: (OTHER BUSINESS HAD) The Clerk presented proof of publication of Notice to taxpayers printed in the Richmond Palladium Item, a newspaper of general circulation une Ci 7�f Richmond, Indiana, on the dates of June 5 and eft, Said notices stated that a public hearing would be held on the 19th day of June , 1974 , by the Common Council to consider additional appropria- tions as provided for in Ordinance NO.2900-1974 within the City of Richmond, Indiana. Thelproof of publication and posting of notices were examined and found to be correct and in order. Councilman Geier moved the proof of publication and posting of notices be received and ordered filed, seconded by Councilman S ields , and on voice vote the motion was carried. The Clerk read on second reading rdinance No. 2900-1974. Councilman Geier moved for engrossment of Ordinance No. 2900-1974, seconded by Councilman Shields and on unanimous voice vote the motion was carried. Councilman Elstro moved to suspend the rules and read by title only on third reading Ordinance No. 2900-1974, seconded by Councilman Geier and on a call of the roll the following was recorded: Ayes; Brown, Cornett, Elstro, Geier, Merchanthouse, Shields, Williams and Marino. Noes; None. The vote being 8-0 in favor of suspension. The Clerk read by title only on third reading Ordinance No. 2900-1974. No one appeared against Ordinance No. 2900-1974. After hearing all persons present, Ordinance NO. 2900-1974. was placed on final passage or rejection and on a call of the roll the following was recorded: Ayes: Brown Cornett Elstro Geier Merc anthouse Shields Williams , arino Nayes: None . Absent: Mills The vote being declared 8 to 0� in favor of passage of Ordinance NO. 29o0-1974 (OTHER BUSINESS HAD) On motion duly made, seconded and passed, the Meeting was adjourned. /sl Philip Marino President of Common Council ATTEST: /s/ Margaret Mellen City Clerk