Ind. city moves toward resolution of 10-year lawsuit

Oct. 25, 2000
The Town Council is preparing to do its part in bringing about a settlement of the current water-sewer suit with the city of South Bend.

By GILBERT A. CIPRIANO, Tribune Correspondent

ROSELAND, Ind., Oct. 23, 2000 (South Bend Tribune)—The Town Council is preparing to do its part in bringing about a settlement of the current water-sewer suit with the city of South Bend.

The council, at last Thursday's meeting, approved a resolution to get the assistance of a financial adviser if a bond issue becomes an option to help pay for water-sewer hookup.

For the past year, the town, represented by attorney Jay Lauer, has conducted negotiations with city officials to resolve the 10- year lawsuit. The town is claiming that the city, after purchasing Clay Utilities in the mid-1960s, did not complete the water-sewer work as promised.

City officials recently offered a "good faith" financial proposal at a minimum of $800,000 toward resolving the long-standing water- sewer dilemma in town.

Town Attorney Peter Agostino listed at least four areas which the town could pursue to find funds for completion of the project.

Among potential fund sources open to the town are the Build Indiana Fund, Toll Road Corridor Fund, a variety of federal and state grants as well the Indiana Bond Bank, Agostino said.

"Any or all of these four sources should help pay for the town's part of the project," he said.

In other business, Agostino reported the town has a window of opportunity from January to April next year to decide on whether to join with the Clay Township Fire Department in forming a Fire Protection Territory.

Such an arrangement would result in the establishment of a board of representatives from the towns and townships taking part in the program to decide on fire protection policy and the taxes needed to pay for the service.

Currently, the town pays $45,000 annually for fire protection service as part of a contractual arrangement with Clay Township.

If a Fire Protection Territory is approved, town residents would pay for the service through individual tax payment.

Absent council member Lou Valderas informed the council through a letter read by Clerk-Treasurer Renee Gatchell that Taco Bell officials decided to build a new Taco Bell restaurant in Roseland on the site of the former Kickers' Tavern at 231 Dixie Way North.

The council also:

Decided to participate for one year in the county's traffic ticket deferral program.

Motorists charged with traffic violations will be referred to the county prosecutor's office to determine if they are eligible to get the citation removed and record cleared.

A motorist also may opt to pay for the ticket or challenge the citation. In the latter case, the prosecutor's office will handle the case, instead of the town attorney, Agostino said.

Approved the celebration of Halloween from 5 to 7 p.m. Oct. 31.

© 2000 South Bend Tribune via Bell&Howell Information and Learning Company; All Rights Reserved.

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