EVANSVILLE CITY COUNCIL RESOLUTION AUTHORIZING ISSUANCE OF A SUBPOENA

RESOLUTION C-2021-__ INTRODUCING: Burton

A RESOLUTION AUTHORIZING ISSUANCE OF A SUBPOENA TO Woodland Park Holdings, LLC (“Woodland Park”)

WHEREAS, Woodland Park Apartments is located on Evansville’s Southeast Side at 2340 Sunburst Blvd, Evansville, Indiana 47714;

WHEREAS, Woodland Park Apartments is owned by Woodland Park Holdings, LLC (“Woodland Park”), with its registered agent listed as Richel Francis;

WHEREAS, living conditions at Woodland Park Apartments has long concerned local officials, with verifiable reports of mold, trash buildup, needles, busted out windows, and bodily fluids left throughout the complex and in common areas;

WHEREAS, recent statements issued by CenterPoint Energy indicate that Woodland Park Apartments is far behind its energy bills, prompting CenterPoint Energy to threaten shut-off of energy service to the apartment complex;

WHEREAS, Woodland Park is party to a certain Agreement for Payment (“Agreement”) with the City of Evansville by and through its Water and Sewer Utility (“City”);

WHEREAS, Indiana law empowers the Common Council of Evansville, Indiana (“City Council”), with investigative powers at Ind. Code § 36-4-6-21;

WHEREAS, Ind. Code § 36-4-6-21(a)(3) specifically authorizes the City Council to investigate the affairs of a person with whom the City has entered or is about to enter into a contract; and

WHEREAS, Ind. Code § 36-4-6-21(b) states that when conducting an investigation under this section, the City Council is entitled to access to all records pertaining to the investigation and may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed in the county in which the City is located.

NOW, THEREFORE, BE IT RESOLVED by the City of Evansville, Indiana, as follows:

Section 1.Upon the adoption of this resolution, the President of City Council is authorized to issue the attached subpoena for Richel Francis, registered agent, and each member of Woodland Park Holdings, LLC to testify on matters of inquiry relating to the agreement between Woodland Park Holdings, LLC and living conditions at Woodland Park’s apartment complex. 

Section 2. Should any provision (section, paragraph, sentence, clause, or any other portion) of this resolution be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the Council in adopting this resolution. To this end the provisions of this resolution are severable.

Section 3.This resolution shall be in full force and effect on the day of its final passage and adoption.

Passed and adopted by the Common Council of the City of Evansville, Indiana, on the _____ day of _________________, 2021, and signed by the President of the Common Council and attested by the City Clerk.

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Ron Beane, President

Common Council of Evansville, Indiana

I attest to the passage and adoption of the foregoing by the Common Council of the City of Evansville, Indiana, on the above date.

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Laura Windhorst, City Clerk

City of Evansville, Indiana