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HomeMy WebLinkAboutFranckeDAVID A. FRANCKE and LIN-DA B. FRANCKE, Plaintiffs IN ~ STATE OF INDIAN3d---~ CLARK CIRCUIT COURT YS. NO. 10C01-0205-PL-$67 CITY OF JEFFERSONVILLE, INDIANA and THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA, Defendants RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS (Series 1) Defendant makes the following admissions and denials in response to plaintiffs request for admissions: 1. That Exhibit "A", attached hereto, is a tree copy of the minutes of the Board of Public Works and Safety of the City of Jeffersonville, Indiana (Jeffersonville Board) for its meeting of February 25, 2002. .RESPONSE: Denied. A copy of those minutes which are maintained in the office of the Jeffersonville Clerk-Treasurer are attached hereto. 2. That Exhibit "A", attached hereto, is an authentic copy of the minutes of the Board of Public Works and Safety of the City of Jeffersonville, Indiana (Jeffersonville Board) for its meeting of February 25, 2002. RESPONSE: Denied. A copy of those minutes which are maintained in the office of the Jeffersonville Clerk-Treasurer are attached hereto. 3. That Exhibit "B", attached hereto, is a tree copy of Resolution No. 02-R-10 adopted by the Jeffersonville Board on February 25, 2002. RESPONSE: Admitted. 4. That Exhibit "B", attached hereto, is an authentic copy of Resolution No. 02-R-10 adopted by the Jeffersonville Board on February 25, 2002. RESPONSE: Admitted. 5. That "B' directed the Clerk-Treasurer of the Jeffersonville to publish notice of Resolution NO. 02-R-10 in the Evening News "._ once each week for the next two (2) consecutive weeks ...". RESPONSE: The Jeffersonville City Clerk-Treasurer would admit that the Resolution attached contains language which directs her to publish notice. However, the Jeffersonville City Clerk-Treasurer would afl~rm that she was not informed of this fact inasmuch as it was the practice of the Jeffersonville City Attorney to fail and refuse to provide the Jeffersonville Clerk- Treasurer with resolutions and board minutes. As a result Of this ongoing conduct by the Jeffersonville City Attorney the Jeffersonville City Clerk-Treasurer was forced to file a lawsuit in the Clark Circuit Court requesting a declaration of rights and duties of the Clerk-Treasurer and the City Attorney. (See Attached Amended Complaint for Deelarator~ Judgment) 6. That the Clerk-Treasurer of the leffersonville did not publish notice of Resolution No. 02-R-10 in the Evening News once each week for the next two (2) consecutive weeks following February 25, 2002. RESPONSE: Admitted. The Jeffersonville City Clerk-Treasurer did not publish notice. However, the Jeffersonville City Clerk-Treasurer would affirm that she did not have knowledge of the existence of this resolution or the directions set forth therein. She would further assert those statements as set forth in admission five (5) above. 7. That Exhibit "C" is a copy of the notice published in the Evening News on March 21, 2002 notifying the public of a pubic meeting to be held on March 18, 2002 relating to Ordinance No. 02-R-10. RESPONSE: The Jeffersonville City-Clerk Treasurer is unable to admit or deny this request. The Jeffersonville City-Clerk Treasurer would re-state those facts as set forth in admissions six (6) and seven (7) above: The Jeffersonville City-Clerk Treasurer's duty to provide notice and publication was usurped by the Jeffersonville City Attorney. Therefore, the Clerk-Treasurer is unable to confirm or deny whether or not notice was delivered to the Evening News for publication. 8. That Exhibit ~'D" is a copy of the notice published in the Evening Jgews on March 28, 2002 notifying the public ora pubic meeting to be held on March 18, 2002 relating to Ordinance No. 02-R-10. RESPONSE: See Response to Admission Request Seven (7) 9. That Exhibit "E", attached hereto, is a tree copy of the minutes of the Jeffersonville Board's meeting of March 18, 2002. RESPONSE: Admitted. 10. That Exhibit "E", attached hereto, is an authentic Jeffersonville Board's meeting of March 18, 2002. RESPONSE: Admitted. copy of the minutes of the 11. 10. That on March 18, 2002, the Jeffersonville Board did not act upon Ordinance No. 02-R- RESPONSE: Admitted. 12. That Exhibit "F", attached hereto; is a tree copy of the minutes of the Jeffersonville Board's meeting of April 8, 2002. RESPONSE: Denied. The Jeffersonville Clerk-Treasure has attached a copy of those minutes for April 8, 2002 as maintained in the records in her office. That Exhibit "F', attached hereto, is an authentic copy of the minutes of the Jeffersonville 13~ Board's meeting of April 8, 2002. RESPONSE: Denied. See response twelve (12) above. 14. That Exhibit "G", attached hereto, is a tree copy of Resolution No. 02-R-17 adopted by the Jeffersonville Board on April 8, 2002. RESPONSE: Admitted. 15. That Exhibit "G", attached hereto, is an authentic copy of Resolution No. 02-R-17 adopted by the Jeffersonville Board on April 8, 2002. _t3~SP~ONSE_: Admitted. 16. That notice of the Jeffersonville Board's meeting of April 8, 2002, was not published in the Evening News on March 21, 2002 and March 28, 2002. RESPONSE.: The Jeffersonville City-Clerk Treasurer is unable to admit or deny tiffs request. The Jeffersonville City-Clerk Treasurer would re-state those facts as set for~[h in admissions six (6) and seven (7) above. The Jeffersonville City-Clerk Treasurer's duty to provide notice m~d publication was usurped by the Jeffersonville City Attorney. Therefore, the Clerk-Treasurer is unable to confirm or ,deny this request. 17. That Exhibit "H", attached hereto, the Jeffersonville Board on April 8, 2002. ~RESpONSE: Admitted. is a true copy of Resolution No. 02-R-21 adopted by 18. That Exhibit "Ir', attached hereto, is an authentic copy of Resolution No. 02-R-21 adopted by the Jeffersonville Board on April 8, 2002~ RESPONSE: Admitted. 19. That Exhibit "14" erroneously refers to notice of Resolution No. 02-R-21 being published in the Evening News on March 21, 2002 and March 28, 2002. RESPONSE: The jeffersonville City-Clerk Treasurer is unable to admit or deny tlhis request. The jeffersonville City-Clerk Treasurer would re-state those facts as set forth in admissions six (6) and seven (7) above. The jeffersonville City-Clerk Treasurer's duty to provide notice and publication was usurped by the Jeffersonville City Attorney. Therefore, the Clerk-Treasurer is unable to confirm or deny this request. 20. That Exhibits "C" and "D" advertised notices of the Jeffersonv~lle Board meeting of March 18, 2002, not April 8, 2002. RESPONSE: The Jeffersonville City-Clerk Treasurer is unable to admit or deny this request. The jeffersonville City-Clerk Treasurer would re-state those facts as set forth in admissions six (6) and seven (7) above. The jeffersonville City-Clerk Treasurer's duty to provide notice and publication was usurped by the jeffersonville City Attorney. Therefore, the Clerk-Treasurer is unable to confirm or deny whether or not notice was delivered to the Evening News for publication. 21. That Exhibit "F', attached hereto, is a true copy of Resolution No. 02-R-22 adopted by the leffersonville Board. RESPONSE: Admitted. 22. That Exhibit "r', attached hereto, is an authentic copy of Resolution No. 02-R-22 jadopted by the leffersonville Board. RESPONSE: Admitted. 23. That notice of Resolution No. 02-R-22 (Exhibit "F') was not published in the Evening News on March 21, 2002 and March 28, 2002 stat g ..- that at its regular meeting April 2002, the Board would hear remonstrances from persons in or affected by the condemnation .... RESPONSE: The jeffersonville City-Clerk Treasurer is unable to adrrfit or deny this request. The jeffersonville City-Clerk Treasurer would re-state those facts as set forth in admissions six (6) and seven (7) above. The jeffersonville City-Clerk Treasurer's duty to provide notice and publication was usurped by the Jeffersonville City Attorney. Therefore,, the Clerk-Treasurer is unable to confirm or deny whether or not notice was delivered to the Evening News for publication. Respectfully submitted, City of leffersonville State of Indiana Prepared by: Leslie D. Merkley Attorney for Defendants City-County Building, 4th Floor 501 East Court Ave. Jeffersonvilie, IN 47130 (812) 285-6491 Supreme Court No. 19851-10 CERTIFICATE OF SERVICE I hereby certify that a copy of thg)fq~r~going document was served either personally or by first-class mail, postage prepaid on the ~ day of October, 2004, upon Edwin S. Sedwick, Attorney for Plaintiffs, 417 East Court Ave., Jeffersm~~ ~ CA'IJS~" !'40.10C01_02,05-PL-36"/ ~ De{end--ts .gte~o$a~ofeS, states; ,~ s co~esp°a~g 1 Defeatist, ~or its respooe to pt o~e O) t~ ~en~-t~ee -a~: - 'o~S ~umb~S - he troth o~ the ~~e to request for ad~ss~ -affwoc~ ad~si~°a o[ ta _ ~o~de a se~ed co · ed in the request, state mt ~a~er oontmn · - -o[tmth' . . baS~s {or o x~: That Ce ~ntes a¢~ bbc ~orkS. Therefore, ~t ~ ~ed by the Board of puu ~ authen(~c copy of those n~ -~io~ of the ha~e not been aPpr° ~ tme copy ~or m~ .~. ~e ~ the posseua ac 'c~atelY statedt~t~ey~atem[~ the properly exerted leffersoa~le C' Y _INTERROGATORY NO. 2_: If lack of information or knowledge is given as a response to any request for admissions numbers one (I) thru twenty-three (23), or in response to corresponding interrogatory number one (1), for each such response, set forth in detail: (a) All steps of investigation undertaken and reasonable inquiry of the matter contained in the request; and (b) All information known or readily obtainable by you as a result of such inquiry. ANSWER: Please note that the answer to this interrogatory is contained in the response to admissions. I affirm, under the penalties for perjury, that the foregoing statements are true to the best of my knowledge and belief Pegg~ ~Vi~ ~_(~I~K-'T'r~'~ur er City of Jeffersonville State of Indiana Prepared by: Leslie D. Merkley Attorney for Defendants City-County Building, 4t~ Floor 501 East Court Ave. Jeffersonville, IN 47130 (812) 285-6491 Supreme Court No. 19851-10 00T-18-2004 NON 10:41 hH 0ITY 0LERK TREASURER FA× NO, 812 285 6426 P, 01 MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF TIlE CITY OF ,]EFFERSONVILLE, INDIANA Fi,;BRUARY 25, 2002 Mayor Galligan called the meeting to order at 9!30 a.m. and on call of thc roll those members present were: Couneilperson Waiz and City Engineer Miller. Also present were: Safety Director g.odden, Wastewatcr Treatment Director Crawford, Redevelopment Building Commissioner Gavin, City Director w,,ins A(lmhlistrator Rich Davis, I:ire Chief' Smith, Attorney Galligan, Vehicle Maintenance Director Drury, Mayor Assistant White~ Street Comnfissioner (½rant, Manning and Zonlag Director Eckor. Parks Director Etliott, Engineer ng Coordtaator Dtxon, an Deputy Clerk Lynne Mayfietd. b.',ngineer Miller made the motion to a )prove the payroll as presented, seconded by Councilpcrson Waiz and carried unanimously, Engineer Miller made the motion to approve the minutes of 2-19-02 as presented~ seconded by Councilporson Waiz arid carried unanimously. C MUNICATION~S _D_M. ......... - ...... . d Sic:ye IvlcManus of P,.adlo Land and who has recently become a Nextcl dealer appeare~ before the Boar in regm'd to radio coverage problems due to tower loc~tions. He said he would like to mix in another service. Mayor GaUigan told him to get a prop6sal on additional sc~ice and it will be discussed, LOt. ISVH Engineer Miller told the Board that L and I Raih'oad is planning to repair the tracks at Dutch Lane and waats permission to close Dutch Lane for one week in order to do so. Engineer Miller made the motion to approve closiag Dutcb [,ane for cna week for L and 1 Railroad to repair tracks at crossing, seconded by Councilperson Waiz and carried unanimously. City Attorney Gal/~an a -. ~,r ..~¢o It Mr, Tede~-~' _o. tu aonat~ons m~.., , ..ouCh donations 'r _,f, ut ~s approved ,.u, waiz d,-~.~'.. °col~a~eVocd .... , """mpaylor~ho~. , ' *"crotalco . C'h,, A.. ' a...~,~ u a~y c/tv i; _ .. o,~,,cc~ a co ~.~, - --~ valance ~tract ~.,~'y ~morney Oa/liua, ,,~%,,,.c,,s nad been us ~ ~'"'~' ~na Mayor O ', C°?cdperson o-. vu~e~ to approve ~he -~ ~f]st the cOntract ~,.~mee~ Miller voted i. ~Otmn .... ~a~PlOtl°~, and republl~hed u~ t~.~ . c nted FOur mmal O Res~lution ./~ ,"~ newspaper. A k~, 7undemmn~ Ro~- -, Re~,~lutio~ J~Z~ames and Lisa ~o.~"~ng ~s schedule~ tb ~Jur~ons for approw~ ' g/m~Davi~ ~ ·. ': Yce-san ta~ e~ _ ''~ ~v~arch 18 ~ ~'. ~ne said Ro~,,~,.,' 7.' "~alad anti u~. · ,' "me~:e- t'entll c, _ - ...... - d earned tmanimo~t~N e Condemmng Resol/tion ~9 10 ), - ~ -~..,u a,m., ScCond~.,4 ~. ~,~me be~orc thc ~. ~ , ,~ ~ ~ ,,er and carried . ' .,~ae by c~ ~' ~' ~ ~ unammously ~nglneer Miller to P, 02 RlggOLUTtON NO. 0~-R'ff~- A I~$OLUIION CONDEMNING CERTfilN REfiL PROPERTY pURSUiT TO ~I~A CODE 3~11-~5 ~c seq. ,.' " NOW T~O~, ~ ~ ~BY F~T~R ~L~D dmt NOW T~E~ORE, ~E IT ~ ~IRTHER ~SOL~D fl~at fie Adop~ ~s ~5~ dall ~ ~e%~; 2002, ATTEST: Z't~, 0. ~_:_.,,~tocid=2521&Title=2002-R-10&dbpath=d:qixlfd''' http://www, cityo~j err .nevmrvlewe~o .asp. t 0/19/2004 A RE~OLU?ION CONFIRMING D~GES ~OR ~NDE~A~ION INDIA CODE 32-11-13 a. seq. WHE~AS, on Feb~- 25, 2002. ~e Bo~ dE ~b~c ~ ;o~s and Safe~ CoM~g C~ ~ Prop~ ~umt W IMhaa Code 52-11-1.5 ~ . - . .._~_.~..a., &scriBed ¢ ~hibit A, attached h~ew ~t& real esmm ~ mom paru~ ~ 2i, 3302 aM 5~imh 28, 2002 r~ by IMia~a ~de 32-11-1 Board's t~ mee~g m AE~ B, 2002; gcsok~on Coafi~ ~M~fion of Ce~ R*~ ?~oP~ti preset m, I~am Code 52-11-1J g J%; and - 2l A , on ~ ~ tS, 200~, thc Boar~ adopted Resotu~on No. O2-R- , Resotu~ F~sffbhs~ List ~f l~us~' Afl. ted ~teres~ i~ CoMe.ed Ymp~: ~aa Esmb~s~g D~s; md ~tab~g Ap~i 29. 2002 as th~ the B rd , ,onla b~ mmomma~ ko~ persom interested m or affecr~ ~c cond~a~on. ~ p~s~t to In~i~ Co& ~- 11 t ~ W~. da April 25. ~002. ~uen aofi~ ~a person~7 ,~ed upon the ~mer of each ~iece ofp~opem', sh~4ng ~e amomt o{ ~e d~e hap://~.ci~oqeff.neffm~iewer3 .asp?Tocid=2530&dbpath=d:M[lfdma&docnme=&p... 10/19/2004 the he,flag, therefore on April 29, ~30g, the Board postponed the mmomlxance heaxiag m M~y 6, ~02; Lia~ F~ke,the ~ adopted R~o~fi~n O2-R- Dm-~s {or ~n&mnafion of Cen~n Pmp~ pmsu~t w ln&~a ~de 32- NO~ THE~FO~, BE II HE~' ~SOL~D that heIebv co~ m d~e a~,~d w David ~d ~& Fra~ ~ ~he amom~ of 5~ ~ts set out Nlm R~ol~on 02-K-21; NO~' ~E~FO~, BE IT ~By NRT~K ~SOL~D ~t ~e Bo~ . - - ~_r ~ / ~ f~ D~ages m the amomr m q~ , Cl~kff ~as~ for p~em of ~e ~s 5doptd ~s day 6f MaT crib- OF jEFFERSONX'qq LE BO?~KD OF PL?BLIC WO1LKS & ~- "'~ ~' ~-:ewer3 as"?Tocid=2530&dbpath=d:xlfxlfdata&d°cname=&p''' http://www.cityorjemnevm~w* · 10/19/2004 'MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY' OF THE-CITY OF JEFFER$ONWILLg, INDIANA FEBRUARY 25, 2002 Mayor Galligan called th~ mcethg t~ order at 9:30 a.m. ~d an cart of ~e ro~ those m~abers presem - ~ - ~ Tteatm~ Dkeao~ Cawfo~d, K~-elo,~t Ma pre~t ~.~re: S~ety D~ector ~ad~, ~ a~l~at~ ' ~a~aee~ ~flll~ m~e ~e marlo, to ap~ove ~ p~wo~ a; ~eseatefl~ secona~ ~' s~im. 5~yor Galti~n told hmro LOIJISy~LLE _C, ID L'qDIklq~k lZ ATLR~;LD CLOSL-P,E Eagiacer Miller told theBoard tttaI L and I Raih'oad is pla,ming to repair thc tracks ag D~teh Lane and wants perm~ioe to cl~;e I~tcb. Lane for on~ w~ek in orde.~ to do so, Emgiaeer tep~ ~racks a~ crossing, s~m3~ by Coun~s~son ~a:z aM hap://~.ciVo~eff, neffm~iewer3.asp?Tocid=2458&dbpa~=d:q~fdma&docnam~&p... 10/19/2004 CONT~,CT FOR~,c~ATL Cit~,' A~o~e~~ G~ asked S1S0,000.0O. ~vot G~i~ s~d ~as ~;o~d ~y fo* ~e ~lanoe ' ~d ~-er si~ a ~mr~ aMMa?r G~ sfid he bas n~. to a~p~ve ~, eon~t s~on~ea ~' Councilp~n Wak ~neer Miller ~otcd in laver of th~ ~a~. Coaadlp~u W~z voted b~or O~i~ voted to approve ~e c~ra~. Attorney ~alligan pre,crated four initial C~demiag Resolutions for app~vat She saki the)* have bee~ republished i~, the ne&'spapeL A hemiag is scheduled for March lB, 2002. kcsoluf:on ~10-Da,4d aaa Lirda Frandce-Tcath St. pmpeay P.~otutio* ¢11-Dax4d aaa'PatficiaHa~-3-le~th St. property I{.~>[utioa g l2-Br. C_mt'¢aan-T~nth 8t. Pralaert.~ ' 1 12. _ Engineer Mille~ made the moti,:m tv app~oa:e Condt~nni~ Resolutton ~:10.1 , and . scientist by Coun~¥ersen W~'~et carfiM unaolmou~ly. ,ATTEST: http ://www.¢ityofj eff. net/rafviewer3-asp7T°¢id=2458&dbpath:d:qfqfdata&d°cname=&p''' 10/19/2004 MINUTES OF' THE BOARD OF PUBLIC WORKs AND SAFETy OF lite CITYOF JRFFER~. O/~,iLLi~, I~-Di~_A ' ' order ,.~ g:30 a.m and on e.~ of ~e roll ~o~ members Present fha ~ the ~J~ms ~e 1~ off of~ appr~is~ ~n ~ and k~' M~'; app~i,~ ~e close. ~ g'him Pmm~s a rm~ appr~ m' $202,550.00 monon t · , mrs ~s n,t .neff~iewer3.as,9,_~ _ ~ ~nea ~g. _ r ~m 2461&Ti~3_lS_2002&dbpa~=d.~t 10/19/2004 Oal~iga~ and h~lfmet ~ChmH~ He ~id hew~ld ~mply ~thbl~k~g out by ~h¢ Zo~ng Bond's r~omm~ion. H~ ~5tl be atten~ng Ibc B~rd ofZodng Appc~s ~ng i~ AF~. Co~p~m~ W~z ~e ~e motion m table t~s E~g[neer Mil!.¢r mid t'en~ have b~a ~-t~ ia e~sem~s ia ~ver Wood~ sub~ivi~on ~d th~' ~ ~Mg the dralm~ flow. A~rdMg m ~ce, e~ ~mot be obstrmed - ~d5 DEPA~T_MENI H/RtN~ http ://v,r,~v.city of] eff. net/mfviewer3 .asp? Tocid=2461 & dbpath=d :qfxlfdata&docname=&p ... 10/19/2004 MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFE'rY OF ~ CITY OF JEFFERSONVILLE, INDIANA APRIL Mayor Galligsa ~alled the mecti~ to order at 9:30 a.m sad on call vi'the, roll rho~e membe~ present wer~.'. Gom~cilperson Waiz and City En~n~er Aim present were: Safety Dir=aor tk~d6e~ Wast,waist '[r=atmeat Director Crav, d'vrd, .amimal Shelter Dire;tot K¢ller, Polio' Chiet' Pavey, ad~fiaramr Rich Dm&: Fke Chief $~rdttq 3eliding Cornmimiouer Gavi~L CW Arran'S' GalligmL Yehicle N-~ateaan~ Dirt4tr~r Draq'~ Mayor Assiaaat Whit=, Street Com~ssion,r Count, Planning and goni~ Director Eeke, Pare Director Elliott, Engineering Coordinator Dixon, aaa Depu~' Clerk ~mne Engineer Mill~ made ~h= motion m approve the Ilayfoll ~ presented, secoad~ box' F'-. Conacilp¢a'son Waiz and ¢~=~ uaanimous~:. .&manda Daugherty of 725 Fulton Street requested a resident only p~k[~ sign in fi~nt ofh~' re,.4dene¢. She said p=ople ate parkina in ~Oat of h~ house and litterine her property.. Police Ch~efPavey said he would cherk out ~he sitaa~ Engineer Miller male the motion to approve the resident oniy parking si~ c,¢.in,gent upon Police Chief Park's approval, secoodcd ~ Counqlperson Waiz an6 carried umaimou y. _NEIGI-IB Ol!ItOOB PRO~BLE~'I Mark a~ Roy Bi,hop 0£305 md ~8 .~vrtl~ Street app~red ~etbtc the Board ia regard ...... dh B~diag Com~sfion~ Gavin sa~d he ~ ~&n[ cat a ~axon to ~e owne~ ~ ope. t.o http://www.cityofj eff. net/mfviewer3 .asp?tocid=2464&Titl e=04_08_2002&dbpath=d:Mfklf... 10/19/2004 Atto~ev Dan _Matra, rcprcscnth~ S~obel app~efl b~ore tl~ Bo~ to ~' thai Strobd Coundlpe~n Wakz ~e~on~ ho~' ~e ~d~ Stroll h~ ~ abid~g ~ c~d be ~g~. M~yor ~ig~ bro~t up ~e ~t ~at at & ~,i~s B~td oi~bRc Works m~fing, ~. hi~ p~vious a~m~, St~=e Y,o~ a~d m do gt of the neces5~' ~a~ by t~ ~ of~g 2002. A~omey GaIH~n ~d the ~ree~ut ~ b~i~y a ~n~t. M~vor OalHg~ ~ b~ a~ ~d ~fomefl t~ghout ]nflu~fi~ P~ En~r ~ter made ~ motion Stro~l's o~ aM ~d by t~e one[ ag~, ~d s~onded by ~yor ~[~ Counc~p~n Phrming and Zoning Director Ecker asked the Board to approve nvo Gt$ contracts ,ith J~oN, Toombs, ~nd La~z, One ~n~t is for 5uppo~ S~ic~ not to e~ee~ $~,~0-00 a~ the ~h~ c~a= for P~i~ Conv~ ~d P~miRbg SoRware A~y~s mt to ~d ~,900.00. ~o ~ of ~d~ is ~t ]~ in ~ ¢.on~ ~d ~-il[ ~e o~ of the ~pa~men~ bud~ts. Cou~ilp~son W~ q~i~ ~e lmg~ d ~ ~ not b~g ~a~d b t~ comm~. ~tomey GaR~ said ~s ~e t~lly for ~e ~'e~ but 1~ ~tn lan~e c~ be ~ded stadug ~ p~ year En~ }~[e made the m~i~o approv~ ~e ~vo GIS ~oo~s ~h l~obi: Toombs, ~nd L~z for 12 moths, s~eud~ ~' Co~fi~rson %V~ md ~-ti~ u~eusty. Engineer Milbr sniff M recall'ed a requesl fr~an the Kauonal c'~uard to al°se -" Street £rom Dutch Lane to Mechanic Street during the sammmm M~-or C,~Jl~an said ttfi_~ could not be. done. PA'EKING FOR HYDRA.NT,~ Fke C~f Smi~ a~d {h~ Board to ~pm~ ~t~ th~ s{Y~t on ~v~si~ D[D~ ~d ~ver ~ate Plea for a "no p~g zone". Co~r~ W~z made ;he ~tion to appre~ ~"~ par~" zone on ~v~mgeDnve ~d ~ P~nte Pl~ secondM ~ Zn~ Mlil~ ~d c~efl ~mmc,ufly http ://www.cityofj eff. net/mfviewer3 .asp?Tocid=2464&dbpath=d:,dfUtfdata&docname=&p ... 10/19/2004 ? CO-¥FIR3r~b"G CONDF~-?'~-ATIONS RE$OLUTrON$ gi4 ~ Hinting no r~o~ators, E~i~eer ~ . , ~H~D~R RO~ CLOSI~ ~ C~ief p~. ~r~e~ the ~nd~ ~-- ~ ._ .. ~oli~ C~ P~'~v told the ~ard rht '~No ~rki~" a~s m ~ re-p~ed in ~t of Je~oat on ~, Strut Commssio~er G~ said WATT .~ 1~ S~TS -M~,~ s Er~fi~ ~1 the ~av m *ff~ ~_ n~ ~e ~ er~ted ~n r~ . - ~A~R ~LEM Cou~oilp~n ~z ~i~ ~ got ~ ~ c . ~ a. ~d~t ~ · ~l eff net/mfvi ewer3.asp ?Toci d_-_2 464~ m..~.~_ . ~ ~"~'~"maTd' ~lfilfdata~docname~&p 10/19/2004 http://www.city of~ eff.netJmfviewer3 .asp?Tocid=2464&dbpath=d:klfklfdata&docname=&p ... 10/19/2004 Peggy K. Wilder, in her capacity as Clerk-Treasurer of the CiVil City of jeffersonville, Indiana,' Petitioner VS. In the Circuit Court of Clark County State of Indiana ~=~ Cause: 10D01-0203-PL-062 Thomas Galligan, in his capacity as Mayor of the city of Jeffersonville, Indiana, Respondent Proposed Amended Verified Petition for Peggy Wilder, after first being duly sworn upon my oath affirm that: I would re-allege all of those statements set forth in my original Verit3ed Petition for Declaratory ludgraeut i~ paragraphs one (1) through fourteen (14). In addition, I would set forth the following: Count Two Indiana Code 36-4-10-4.5 provides that, "The fiscal officer is the head of the city department of finance..." Moreover, Indiana Code 36-4-10-4.5 further sets forth that the clerk-treasurer shall, % .Receive and care for all city money...Manage the finances and accounts of the city and make investments of city money." On or about the 13~ day of September, 2001 the Clark County Comrmsmoner entered into an Assignment of Option and Conveyance of Equity, Acceptance of Assignment ' ~ i and Consent to Assignment vath the C ty of Jeffersonville" (Our Emphasis Added, See Attached Exhibit A) As a result, the City of Jeffersonville was paid the mount of One Million Six Hundred Thousand Dollars ($1,600,000) to "buy out" the City of Jeffersonville's interest in the "City County Building". 10. 11. 12. The proceeds are "city money" defined by lC 36-4-10.4.5 and as such the proceeds of this sale should have been tende;sed to the Jeffersonville City Clerk Treasurer for deposit in appropriate investments and/or to pay lawful obligations incurred by the City of jeffersonville. The jeffersonville City Council, in response to the mayor and city attorney's refusal to tender the funds to the Clerk Treasurer adopted Resolution Number 02-R-12 demanding that the mayor tender the funds pursuant to Indiana law. (See Exhibit B) In addition, the auditor for the State of Indiana has notifie.d the mayor and city attorney that it is the position of the auditor that the One lvfillion Six Hundred Thousand Dollars ($1,600,000) should be deposited with the leffersonvllle City Clerk-Treasurer~ (See Exhibit C). The mayor and the city attorney continue to refuse to provide an accounting of the monies as well as refuse to deposit with the {effersonville City Clerk-Treasurer. As a result of the mayor usurping the statutory and legal duties of the jeffersonville Clerk- Treasurer the Clerk-Treasurer is unable to ascertain whether the One Million Six Hundred Thousand Dollars ($1,600,000) has been spent by the mayor. As a result of the mayor usurping the statutory and legal duties of the Jeffersonville Clerk- Treasurer the Clerk-Treasurer is unable to ascertain whether the One Million Six Hmxdred Thousand Dollars ($1,600,000) has been invested and is yielding interest to inure to 'the benefit of the taxpaying citizens of the City of leffersonville, Indiana. As a ~esuit 0fthe mayor usurping the statutory and legal duties of the Jeffersonville City Council has been unable to ascertain where this money has been spent and what the money has spent to purchase, all in violation of Indiana Code. - -'- ..... rer's statutory 13. It is the jeffersonville Clerk-l~ duty and Obligation to invest funds which are paid to the City of jeffersonville. The Jeffersonville City Clerk-Treasurer is unable to determine whether these funds have been spent and/or invested. If the funds have not been invested, the citizens of the City of Jeffersonville have been denied the opportunity to earn income from the One Million SIX Hundred Thousand Dollars ($1,600,000) which has been paid to the city of Jeffersonville. · Wherefore, the Jeffersonville City Clerk Treasurer requests that the court determine whether or not the One Million Six Hundred Thousand Dollars ($1,600,000) paid to the City of Jeffersonville should be deposited in those accounts maintained by the Jeffersonville City Clerk- Treasurer and/or should the mayor have the authority to divert the payment of those funds to any account of his choosing which the Jeffersonville Cit~ Clerk-Treasurer of the Jeffersonville Council have not authority to invest the funds and/or oversee the spending of One ~[tllion Six Hundred Thousand Dollars ($1,600~000). _Count Thre~ 14. Indiana Code 36-4-10-4 provides that the Clerk-Treasurer shall "...maintain all records required by law..." as well as "...perform other duties prescribed by law...~ 15. Indiana Code 36-4-9-8 provides in pertinent part that the city executive shall appoint..."other officers, employees, boards and commissions required by statute..." 16. This includes the appointment ora "board of public works and safety". - -' -- -art that "The city clerk is the clerk of the board 17. This same statute sets fortt~ in perrmem I~ -" (of public works)..." 18. Indiana Code 36-4-10-4.5 sets forth that the clerk-treasurer shall "serve as clerk of the board of public works by attending meetings, preparing agendas and recording proceedings..." Hence, as clerk of the board of public works the clerk shall maintain the minutes of those meetings, and preparing said minutes for presentation to the board of public works for their approval and consideration. 19. The Jeffersonville City Attorney has usurped this duty. 20. The Jeffersonville'City Attorney has demanded that the Jeffersonville City Clerk- ' of said board meetings and present those minutes to Treasurer's office prepare the rmnutes her for her approval prior to presentation to the board of public works and safety. 21. The Jeffersonville City Attorney changes, alters, and inserts words and phrases in the those minutes prepared by the Jeffersonville City Clerk Treasurer's office prior to their presentation to the board of public works for their approval. This includes adding words and phrases that were not a part of the meeting records and changing words and phrases that were a part of the meeting records. 22. It is not the job, duty or obligation of the Jeffersonville City Attorney to change auld/or alter the minutes of the meetings. The members of the board of public works shall have the obligation to make any changes or amendments to the minutes during their open meeting upon the presentation of the minutes. 23. As a result of the Jeffersonville City Attorney's act of usurping tiffs function, minutes from the board of public works have fallen beh/nd as much as four (4) weeks. 24. The elected Jeffersonville City Clerk-Treasurer has individually instructed the board 9f public works members that it was improper for the Jeffersonville City Attorney to intercept and change those minutes as prepared and presented by the Jeffersonville City Clerk-Treasurer. 25. The Jeffersonville City Attorney has ignored the elected Clerk-Treasurer's instruction and continues to demand that she be given the rdnutes before thek presentation to the duly appointed board for their consideration, · · - · ' of the duly 26. In addition the mayor of the city of leffersonville has ignored the instruction elected Clerk-Treasurer and has persbnally approached, accosted and attempted to intimidate that deputy-clerk vested with the duty to prepare those minutes.\ Wherefore, the duly elected Jeffersonville City Clerk-Treasurer requests that the court determine who shall exercise the duty of preparing the minutes for the leffersonville Board of Public Works meetings, determine whether the Jeffersonville City Attorney has the authority to change, alter or otherwise dictate the contents of the official records of the leffersonville Board of Public Works and determine whether the Jeffersonville City Attorney has the authority to change minutes of a public meeting prior to thek prese, ntation to the appropriate board and body whose duty it is to pass, adopt and/or amend those minutes. I affirm that the above statements are true and accurate to the best of my knowledge and belief. ~eggy Wil~e~J~ffersonville City Clerk-Treasurer i,L/7~ ¢~ ,affirm that on th~__ day of May, 2002 the a.b. ove appeared before mi' a not/try public, a-nd after first bein$ duly sworn upon their oath d~d hereby affirm that the representations herein were true and accurate and then affixed their 530 E.' St Court Avenue ~Post )ffice BOx 146 Jeffersonville, Indiana 47130 Tx: 812.288.6820 Fax: 812.282.3188 In. ScL #11443-10 · · of Service Certificate ....... a ,,,,on counsel for the oppo.,;ing . ore oJn rtas i~een I hereby certify that, a copy o.f th_e fl _~".g~= ~lnited States Mail, Postage Prepaid addressed as party.herein on,, is _M .a..Y~a~-,~2~O=2 '...D,Y ~'or ~'' ~ferso~.~ill.e, in. 47130. . follows: Ann Marie c~alllgan, ou, ~o=- ".,,.~' RESOLIJTiON OF TIlE BOARD OF COMMISSIONERS OF CL?~*J{2 COIJNTY, INDIANA WHEREAS, the Jeffersonville-Clark County Building Authority ("Authority") has entered into' a Lease Agreement, dated March 11, 1968, as amended by Amendment No. 1, dated October 13, 1998, and Amendment No. 2, dated March 25, 1998 (collectively "Lease"), by and among the Authority, the City of Jefferson¥ille, Indiana ("City"), and Clark County, Indiana (" County"); and WHEREAS, IC 36-9-!3 authorizes the Authority to acquire au interest in govennuent buildings and systems; and WHEREAS, the Authority will, at or prior to the issuance of its Lease Rental Bonds of 2001 ("Bonds") repay its outstanding bonds issued to finance the Building; and WHEREAS, in order to issue and sell the Bonds and accomphsh the acqms~tmn of the C~ty option to purchase and ~ts eqmty interes in. the existing City,County Building ("Building"), it is necessary to amend the Lease, to consent to an Assignment of Option and Conveyance of Equity ("Assignment") and to execute a continuing disclosure undertaking agreement ("Continuing Disclosure Agreement"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF CLARK COUNTY, INDIANA, THAT: 1. The Board of Commissioners is hereby authorized and directed to execute, and the Auditor is hereby authorized and directed to attest, Amendment No. 3 ("Amendment") to the Lease providing for the City's release from the Lease upon termination of its use of the Building and the reduction of fixed annual lease rentals after the issuance of the Bonds and the Consent to the Assignment ("Consent"). The substantially final form of the Amendment and the Consent are attached hereto. 2. The Commissioners and Auditor are hereby authorized to execute and deliver a Continuing Disclosure Agreement upon delivery of the Bonds, if necessary, substantially inthe form attached hereto. The County covenants, to the extent permitted by law, that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. If the County fails to comply with the Continuing Disclosure Agreement, the sole remedy available for such fai[lure shall be for the specific performance of the County's obligations under this paragraph and the Continuing Disclosure Agreement and there shall be no remedies for money damages of any kind or in any amount. 3. This resolution shall be effective from and after passage. PASSED and ADOPTED by ~e Boara o~ CommCsmon¢rs o~- Clark County, !n~:anab_is. da}' of August, 200!. BOARD OF COMiVJSSIO.~tkS OF CLA_R_K COUNTY, INDIANA ATTEST: t Auditor 844233.3 -2- P..r~.SOl.!rr !o1~ No, A RESOLUTION APPROVING THE TRANSFER OF FUNI~ TO THE JEFFERSONVILLE CITY HALL BUILDING FUND PASSED AND ADOPTED b~ ~c Common Codicil of the ~i~of ,l~ffec~viltc, ~ A l i£ST: COMiMON COUNCIL OF TH~ CITY .V,~ f F~R;SONVILLE, INDIANA the City of.~e~vili~ o~ ~s .____~d~, of -2- April 15, 2002 Ms. Lucy A. Emison lceMiller One American Square Box 82001 Indianapolis, IN 46282-0002 Subject: Follow up to telephone conversation on April 11, 2001 concerning the City of Jeffersonville and the proceeds received from the sale of their interest in the Jeffersonville, Clark County City-County Building. Dear Ms. Emison As per our phone conversation, I read your letter of advice sent to the City of Jeffersonville concerning the proceeds received from the sale of the City's interest in the City-County Building. I discussed with you the basis for your conclusion that the money could remain in the redevelopment fund. It was my understanding that your answer was based on the fact that the bond documents of the Jeffersonville-Clark County Building Authority (a separate entity) did not prohibit the money from being deposited in the redevelopment funds. The reason for my inquiry was that several state statutes address the receipt and disbursement of City funds (See enclosed) and because we perform a compliance audit in addition to a financial audit, ! wanted to be sure that I had not overlooked a statute which would give the Mayor the authority to deposit the proceeds from the sale directly into the redevelopment funds without going through the Clerk-Treasurer or without the approval of the City Council. The City sold their interest in the City-County Building located in Jeffersonville, indiana. The interest was acquired through payments on a capital lease. The lease payments were made by the City from City funds. V'Cnen the proceeds in the amount of $1,600,000 were disbursed to the City from the Jeffersonville-Clark County Building Authority Trust (a separate governmental unit pursuant to state statute) they were deposited directly to a bank account in the name of the Jeffersonville Redevelopment Department. The Jeffersonvilte Redevelopment Department is a department of the City but should have no control over City funds unless authorized by statute or by the proper City officials. The Department in Jeffersonville has their own fiscal officer separate from the City. Their Board approves all expenditures of the Department, not the City Council. The Department controls their own bank accounts and writes their own checks. Page 2 the The money was deposited to the Redevelopment Fund without approva~ from the City Council. The proceeds were never receipted to the Clerk-Treasurer's records. The Clerk-Treasurer is fiscal officer for the City. ' hat mv understanding concerning your advic¢ · er ed n confirming t , . · Author ty's Bond In conclUs~°n, I am onl~ i.n.t_~,s~, ~k of restrictions) as stated in the Building being wes based on the restrlmloJ~ DocumentS. Further, that the advice was not addressing the statutory legality of the funds held by the Department of Redevelopment. If this is incorrect, please let me know. I thank you for taking the time to discuss this with me. please know that I am not in any way questioning your ad~ice. I just needed to have more information so that / could make an informed decision on the City s cornptiance to state statutes· Marry Fontaine, C.P.$, Indiana State Board of Accounts 478 Jackson 52 Ind. 599 ?ublic Of Scers and d Corporations § 354. asurer. ~ If of Sce ~e City executive and ~. -- (a) A person is ~lifmations prescribed before the election is a), even if the annex- ection. .~d in Article 6, Section rk forfeits of Sce if the ]-1.5, recodified as lC 164; p.L.5-1986, § 53; dcipal Corporations §§ 340, ers §§ 16, 19, 26. [~he clerk shall do the under lC 36-4-6-9 and tualified' deliver to the :lerk's office. discharge of the clerk's at are required by statute 479 CITY CLERK AND FISC.kL OFFICER 36-4-10-4.5 (9) Serve as clerk of the city court under IC 33-10.1-6-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-10.1-6-1.1. [lC 18-1-6-3, recodified as IC 36-4-10-4 by Acts 1980, P.L. 212, § 3; p.L.36-1986, § 3; p.L.189-1988, § 1; P.L.33- 1998, § 9.] AdministeriDg oaths. Deputies. Record of proceedings. Administering Oaths. The city clerk had legal authority to admln- ister oaths incident to his duties as clerk of the city court, and his duly appointed deputy had the same power. Davis v. State, 193 Ind. 650, 141 N.E. 458 (1923). Deputies. A deputy city clerk had authority to act in the name of b/s principal. Davis v. State, 163 Ind. 650, 141 N.E. 456 (1923). MOTES TO DECISIONS clerk was competent evidence to prove ti~at a street was under the control of the city. City of Huntington v. I¥Iendenhall, 73 Ind. 460 (1631). The only competent evidence of the action of a common comncil where a' vote was re- quired was the record kept by the city clerk. State ex tel. Rennet v. Curry, 134 Ind. 163, 33 N.E. 685 (1893). The preparation of an index to the records of proceedings of the common council 'was a part of the city clerk's ofllcial duties as set forth in the statutes, and this duty had to be performed without extra or special compensa- tion. City of Indianapolis v. Lamldn, 62 Ind. App. 125, 112 N,E. 833 (1916). Record of Proceedings- The record of proceedings kept by the city Collateral References- 56 Am. Jun 2d Municipal Corporations § 283. 36-4-10-4.5. Fiscal officers in third-class cities -- Duties -- Scope of · di~idual liability. -- (a) This section applies to third class cities. ?(b) ;The fiscal officer is the h. ead of the city department of finance. The ~1~J~5~ cer shall d~o the f~ollo~n~i ......... a ~av the money out only on ~ (1) ~eceive anG care Ior ail cl~y ~u~=~ ~ ~ ~ ~er of the approvin~ body. (~) Keep accounts showing when and from what sources %he ~sca] o~cer has received city ~oney and ~hen and to whom the dscal o~cer has paid out city money. (8) Presc~be pa~oll and account forms for alt city o~ces. (4) PrescMbe the manner in which creditors, o~cers, and employees shall be paid. (5) ~sge the ~nances and accounts of the city and make investments of city money. (~) Prepare for the le~slative body the budget estimates of miscella- neous revenue, ~nancial statements, and the proposed tax rate. (7) Issue all licenses autho~zed by statute and collect the fees ~xed by ordinance. (8) Serve as clerk of the board of public works by attending meetings, preparinE agendas, ~d recording proceedings. (9) Perform all other duties prescribed by statute. ~¢ 4 36-1-2-6 GENERAL PROVISIONS 36-~L2-6. Fiscal body. -- "Fiscal body" means: '?'t~1) ~County council, for a county not having a consolidated city; x~('2~ City-county council, for a consolidated city or county having a consolidated city; (3) Common council, for a city other than a consolidated city; (4) Town council, for a town; (5') Township board, for'a township; or (6) Governing body or budget approval body, for any other political subdivision, tIC 36-1-2-6, as added by Acts 1980, P.L. 211, § 1; 1981, P.L. 11, § 132; p.L.8-1987, § 81; P.L.8-1989, § 94.] Cross References. Classification of cities~ Consolidated city, lC 36-3-1-4. g6-1-2-7. Fiscal officer. -- '~Fiscat office~ mean . (1) Auditor, for a county; ,/,~,~Controller, for a consolidated city or second-class city; ~3)/Clerk-treasurer, for a third class city; ~ Clerk-treasurer, for a town; or . (5) Trustee, for a township. [lC 36-1-2-7, as added by Acts 1960, P.L. 211, § 1; 1981, P.L. 44, § 36.] Cross References. Classification of cities, · L I 36314 Consolidated c~%y, _C - - - · 36-1-2-8. Law. -- "Law" includes the Constitution of Indiana, statutes, and ordinances. [IC 36-1-2-8, as added by Acts 1980, P.L. 211, § 1.] 36-1-2-9. Legislative body. -- "Legislative body~ means: (1) Board of county commissioners, for a county not subjec% to IC 36-2-3.5 or lC 36-3-1; (2) County council, for a county subject to IC 36-2-3.5; (3) City-county council, for a consolidated city or county having a consolidated city; /~"'~) Common council, for a city other than a consolidated city; k.~ Town council, for a town; or (6) Township board, for a township. [lC 15-5-1.5-2(b), recodified as IC 36-1-2-9 by Acts 1980, P.L. 211, § 1; 1982, P.L: 33, § 15; p.L.213-1986, § 1; P.L.8-1987, § 82; P.L.$-1959, § 95.] Compiler's Notes. According to the 1990 Consolidated city, IC 36-3-1-4. federal census, lC 36-3-1, and lC 36-4-1-1, the Res Gestae. Preparedness Plan for Plan- only consolidated city is Indianapolis in ning Practitlor~ers, 30 Res C-estae 59 (I956). Marion County. Cross References. Classification of cities, 36-1-2-9.5. iM[aterials. -- "Materials" means supplies, goods, machiner); packaged software, and equipment. [p.L.329-1985, § 2.] 36-1-2-10 unit, school tion districi local hospit service dist: and be sued as added by Cited: Gar~ State ex rel, A~ N.E.2d 1156 (I Separate Loc Alocalboarc 1937 pension Collateral Municipal 62 C.J.S. M 36-1-2-1] 36-1-2~11, -' Collateral Municipal 36-1-24~ company, 36-1-2-12, 36-1-2-1: nicipal cor~ 1980, P.L.: 36-1-244. t980, P.L. 21] of population 36-1-2-1 ' [lC 36-1-2. Cited: Prc 956 F. 2d 635 36-1-2-1 quoter. - performin reliability