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Home My WebLink AboutD-1559-02 Add App/Leeper SettlementSPONSOR(S): Councilors Kirby, Rundle and Wilson ORDINANCE NO. D-1559-02 ADDITIONAL APPROPRIATION ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, PROVIDING FOR AN ADDITIONAL APPROPRIATION OF FUNDS FROM THE GENERAL FUND OPERATING BALANCE WHEREAS, pursuant to Indiana Code 36-4-9-12, the Carmel City Attorney has reported that the City is liable for the sum of Three Hundred Seventy-Four Thousand Dollars ($374,000.00) in and as a result of the settlement of that certain legal matter (the "Lawsuit"), a copy of which settlement terms ("Settlement Terms") are fairly summarized, attached hereto and incorporated herein as Exhibit _A; and WHEREAS, the Common Council and the Mayor have executed the Settlement Agreement and agreed that the settlement of the Lawsuit for the sum indicated therein is in the best interests of the City, pursuant to that certain Common Council Resolution No. CC-01-16-02-01, as executed on January 16, 2002 ("the Resolution"), a copy of which is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the sum of Two Hundred Seventy-Four Thousand Dollars ($274,000.00) is currently due and owing pursuant to the Settlement Terms; and WHEREAS, the City of Carmel has excess funds in the mount of Two Hundred Seventy-Four Thousand Dollars ($274,000.00) in the operating balance of the General Fund to appropriate for the unanticipated expense of settling the Lawsuit. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that for the expenses of the taxing unit, the following additional sum of money is hereby appropriated out of the General Fund and for the purposes specified, subject to applicable laws, as follows: GENERAL FUND Department of Law Line Item #430-58400 - Refunds, Awards & Indemnities $274,000.00 This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. - ~ PASSED by the Common Council of the City of Carmel, Indiana, this l~4~ay of '3 ¥/,i~ ~ ,2002, byavoteof ~ ayesand ~ nays. -- Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney, and subrnit~ed to the Ordinance Sponsor(s) on 2-19-2002 SPONSOR(S): Councilors Kirby, Rundle and Wilson COMMON COUNCIllOR THE ~r~xding ~fficerF~ - - Wayne A. Wilson, President Pro Tempore Robert Battreall Ronald E. Garter CITY OF CARMEL, INDIANA ATTE'~'T: ~ Diana L. Cordray, IAMC, Cl~asurer Presenled by me to the Mayor,gf the City of Carmel, Indiana, at ~-~ ~) o'clockS, m. on the [~-t~ day of c'-~/~'t~L-~' , 2002. Diana L. Cordray, IAMC, Clerk-Tre~r Apprpve~ by~ me, M~ ayorpfthe City of Carmel, Indiana, at ¢-~2 ~"o'clock f~. m. thi~/dj? of -' / / g~e~ Brainar~, Mayor " ATTE : ~ , Diana L. Cordray, IAMC, Cler~urer day Ordinance No. D-1559-02 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney, and submitted to the Ordinance Sponsor(s) on 2-19-2002 Form Prescribed by State Board of Accounts To: General Form No, 99P (Revised 2002) The Dailo Ledaer Dr. Hamilton County, Indiana LINE COUNT PUBLISHER'S CL;dM Noblesuille. Indiana 46060 Display Matter {Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisment is set} -- number of equivalent lines ........................ Head -- number of lines ............................................. Body -- number of lines ............................................. Tall -- number of lines .............................................. Total number of lines In notice .................................... COMPUTATION OF CHARGES at * ~Z 7 (~cents per line ......................................... $ Additional charge for notices containing rule or tabular work (50 percent of above amount) ..................................... Charge Ibr extra proofs of publication ($1.00 for each proof in excess of two) ............................................... TOTAL AMOUNT OF CLAIM ...................................... $ DATA FOR COMPUTING COST Width of single column ~' ~ ems Number o1' insertions / Size of ~ype (~ point 13. Pursuant to the provisions and penalties of Chapter 155, Acts 1953, [ hereby certl~, that the foregoing account is Just and correct, that the amount claimed is legally due, alter allowing all Just creclits, and that no par t of the s/m~ ~.~i.~9~ Subscribed and sworn to before me this ~/ day of ~-~'? 20C~