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Home My WebLink About10-06-2005 Special SessionCOUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA October 6, 2005 The Common Council of the City of Jeffersonville, Indiana met in special session with the Jeffersonville Sanitary Sewer Board and the Utica Town Board in the Utica Town Hall, 107 North 4th Street, Jeffersonville, Indiana, at 5:00 P.M. on Thursday, October 6, 2005. Ann Graham, President Utica Town Board called the meeting to order at 5:30 P.M. Those in attendance were: Utica Town Board Members; Ann Graham, Ruel Hanis, and Pete Datilo, Clerk Treasurer Sandy Martin, and Utica Town Attorney Niles Driscoll; Jeffersonville Sanitary Sewer Board member, Jeffrey Caldwell and Attorney Larry Wilder; Jeffersonville City Council members Barbara Wilson, Connie Sellers, and John Perkins, City Attorney Les Merkley, and Deputy Clerk Barbara Hollis. Town Board President Graham opened the discussion regarding sewer options. Attorney Larry Wilder reviewed the 1985 agreement, explaining the City will fulfill their part of the agreement. This agreement is enforceable. President Graham feels some things are questionable. Attorney Wilder suggests having a court decide. The Jeffersonville Council and Sewer Board are committed to fulfilling the contract. The City would follow the decision of the court. The question would be is how much it would cost to take it to court. President Graham feels the cost would be worth it looking at what the people in the town would save. They feel the tap-in fees and the rates are too high. Attorney Wilder said the system would have to be appraised and the Town would have to buy it. President Graham said the town people have paid for it. Attorney Wilder offered to file with the court to save the town money. Councilperson Perkins said there are other financial considerations such as the plant and pumping stations. President Graham feels Jeffersonville has not fulfilled the contract. The people of Utica fear annexation. It is scary when a town is small as there is no place for Utica to grow. Councilperson Perkins noted state statute says the town shall obtain permission from the City to annex. Attorney Merkley said he will get copies of the agreement to the Cmmcil and Sanitary Sewer Board members. Bom'd Member Harris noted Utica got a grant to October 6, 2005 2 put the sewers in and the people of Utica paid to have it done. Attorney Wilder noted the City can go 10 miles outside the limits to provide sewers.. The City cannot annex incorporated areas. Attorney Wilder then reviewed a letter from Attorney Dan Moore distributing copies. Attorney Wilder asked if the Utica Town Board would agree to follow declaration of the court judgment if Jeffersonville filed the suit. Attorney Driscoll feels the full board should decide. Councilperson Perkins feels the agreement is legal and binding. The meeting was adjourned at 6:20 P.M. ROBERT L. WAIZCAYOR ATTEST: PEGGY ~V~DER, CLERK AND TREASURER '~ Aug- 30-O5 07:21A P.O1 Jacobi, Toombs and Lanz, Inc. Consulting Engineers 120 Bell Avenue clarl<svIHe, ~ncliana 47'129 Phone 812.288.6646 Fax 8'12.288.6656 TKANSMITTAL Total Pages: .... 1._.~.. .... To: ~emg~s: Si~maed: Copy to: ~ Aug-30-05 07:24A 88/81/28~5 88:51 Town Bo~d Prcsld~nt Ann 0r~ham Tpwn Board Vice-I~r~s,,~n( Pet~ F, Da~dlo Town B~rd Mellt~rs ~immy Ca~c~ ~ Euc~ J. Ha~i~ JEFF THE TOWN OF UTICA, INDIANA Department of Law 411 Watt Streel jeffersonvillc, Indiana 47 ] 30 (g 12) 2 S g-4410 FAX [B 12) 285.4451 July 26,200.~ P.14 Nit~s D. Driskell %nd¥ Clark County C~m~.fiuioncrs 501 E. Cour~ A~c, Jcfl'crsonvil[¢. 1~ 4 ~, 13t3 RE: Sewer Services i, Utica Dear Corn mi,~si~bne"~: This letter c,~m~s to a~dr~ss thc matter or sewers Iocate~ within the Tow~ of Utica. A~ you may be aw~e. I~tica h~s for some lime had a contmc: with the City of J=ffmrsonville whereby Jcffcrs~m [e provides sewer scmcc to Uti~ residence. ~is contract seemingly hasJ~o ;xpir~iiot~. It is ~ls~,, unclear as Io whether this contract would apply to ar~ in Which Utl=~ has since expanded its ;o~orate boundaries. At the p:rese nt time Ut c~ iz s=ekl.g ahematives to thc e~isting sewer sewice provided by lcffcrsonvill :. L fica recognizes thc Clark Coanty Water and Sewer District as a viable and desirable ~hern~tiv ~.to its eu=~nt provider. Howevzr. Utica would ne~ to gain control of its sewers, and marc o.~in that h can expand into othzr ~re~ w{thotlt intrusion from J~ersonville. ~ ~ereFo~e. l ifioa w:{aomos thc oppo~uni:y Io dis:uss ~is impotent matmr with thc Co nmi~mionersiol'.:iark Count. 1{ is thc }/ope of the Utica To~ Bo~d t~at Clark County could b~aO" n th~ hue, and iha~ a mutually ~neficial amangem~nt could be reached, I apprcc am your attention tn thi~ ma~tcr, a~ look Fo~ard m your reply. Sinc~, Nile* ~. Dd~kell NDD: ~}h Aug-30-05 07:~A P.03 · T~E COLLECTION AND T~AT~T OF FROM THE TOWN OF UTICA P.0~ Aug-30-05 0?:~A ~9B5, by and be~.eea the Town of Uric&, P.05 - Aug-30-05 O7:2gA P .06 ' Aug-30-05 07: 22A ~pe~£fication~. The ~nglnee~ ~hall coordinate his assign engi- 4. The city in tbs construction contract ~hall place th~ 5. The Town w!%l grapt a minimum of 15 foot wide casemaat~ repair of the Connector and ~he System. T~ City will construct whe~ever possible and ecomemlcally ~e&mible. Should it Become necessary to obtain additional righ%s-~f-ways or easements to ins~&ll the Connector and System, ~he Town will secure additions1 ~o~ruc~ion, ~i~ananos, an~ re,air ~f the Connecto~ and the =io~ ~nall begin i~ accordance with Clark Mariti~ Cen~re's con~truction, with construction to ba co~pl~ted within ~{~ (6) mon~hs after i~ has ~y~em at nO CO$~ ~o t~e Town. Tbs C&t~ w~l ow~ all ~ins, said facilities at no f~rther expense :O ~he Tows. The City will Aug-30-05 07:22A tMe ¢ontra~tor'~ work ~caszary due ~ ~aul~y ~rkman~hi~ aad/0r 9'. Tha C~ty will allow reai~ential ~ap-in~ of~O.OO~i~s a ti~ue~ when the loa~ i~ &epai~ in full. The Town agrme~ to rate r~h,r~'-then tht~ ~ontract'~ ra~> 10. The City will ~equire users within the Town %h~t will Aug-30-05 07:23A P.O8 regu[re~ to obtain %bm City's approval ~o :~ter safd wastewatcr prlO~ to tntroducimg flow into tbs System, and the us~r will be to &ccomm~at~ thc aa~itional flow that will ~e de~ive~ from ozsible as allow~ by the S~mte ~rom its $500,000,00 Aug-S0-05 07:23A E. The' TOWN w~ll approve in a timely manner all P. The City will remit ohligation~ ~o {n a ~imely manner e~d agrees that it shall not hold ¢laim~ against the ~ro~eot/e~nrow account to .obtaim favorable finaacial gain. G. The Tow~ reearvas th~ righ~ to i~spect an~ examine standar~s/biadin~ services for the sum of $~,750.00, which P.IO Aug-30-05 07:23A of 1962, 40 U.S.C. 327-33a~ requiring the guar~) employed on federmlly asnimted calendar day for forty in a work-week, (4) Federal Fair Labor Standards Act 29 U.S.C 201 aleo that they be pain one and o~e-half times their basic wmge rate for all hours worked in e~ces$ of the prescribed wurk-wee~. Paragraph Z. ~air Housin~.a~d Civil Ri~ht~: The City will comply wi th: (1) Title VIII of the Civil Rights Act o~ 1968 (P.L. 90-284), as &mended. (2) R~cutive Order 12259, Leadership b~ adminiaL~re~ in a ma~ncr af£1rmativaly, to further th~ goals of Title VII! of the Civil Righ~$ AC= of (3) EXeCUtiVS or,er 11246 a~ amended by Executive 41 CFR chmpt~= 60), which provide ~hat no p~r- national origi~ in mll phases 0f pa~raph F, $e¢~i~ 3 Requirem=ats: The City will ¢o~ply With Section 3 of the Housing an~ 'Urban Development ~ct Of 196~, ae amaHde~, requiring i employm~nt to lower-income per~o~c re&id£ng within the : unl~ of local gover~wn[ in which the pro~ect ~s loca- ;wi~h this pro~e~t. , Aug-30-05 07:23A P.11 '~e C[%y will Com~y wi~h t~e provisions o~ the i~ %he aceompligh~nt of the program are not listed ~I.C.) 35-¢4-1-3 aha 4, ~ne' Ci~ will ~b{do ~y ~he ~ovisiona t~ no me--r, ~'ficial of snch locality of localities who 1~. The City, aa owner of the sanitary sews~ ~y~tem, will I~lso 5ear the respon=i~itity for billing individual u~ers and iwi!l!serve az fiscal agent fo~ th-- Tow~ i5 collecting amd maki~9 company for the cosstruction of the ~aoitary sg,we-r system. , Aug]30-05 07:23A P.12 the ~roject. Room 404 ~8. ~o~h the Tcwp sad the C~ty shall aesigna~e in w~ting project oomplet~o - i. tI'd f~8IL 292 218 '014 XW 0211~S lid 80:,<0 NOW ~Aug-30-05 07:24A P.13 th~{S~ate of Indiana.