CITY COUNCIL AGENDA FOR JUNE 27, 2016 IN ROOM 301, CIVIC CENTER 5:30 P.M.

06/27/2016

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AGENDA

CITY COUNCIL AGENDA

JUNE 27, 2016

ROOM 301,

CIVIC CENTER 5:30 P.M.

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MEMORANDUM

REPORTS AND COMMUNICATIONS SUSPENSION OF THE RULES

CONSENT AGENDA

FIRST READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-21 A.S.D. MOSBY, WEAVER, McGINN
An Ordinance Amending Chapter 2.10 (Common Council) of the Code of Ordinances

ORDINANCE G-2016-22 PUBLIC WORKS HARGIS, ELPERS, BRINKMEYER
An Ordinance Amending Section 13.15.100 (Water) of the Code of Ordinances

ORDINANCE F-2016-16 FINANCE McGINN
An Ordinance of the Common Council of the City of Evansville Authorizing Additional Appropriations of Funds Within Various Accounts (DMD)

RESOLUTION C-2016-17 FINANCE McGINN
A Resolution of the Common Council of the City of Evansville Confirming the Declaration of an Economic Revitalization Area for Property Tax Phase-In for the Relocation and Installation of New Equipment â€“ SS&C Technologies, Inc. (120 N. Fulton Ave.)

RESOLUTION C-2016-18 FINANCE McGINN
A Resolution of the Common Council of the City of Evansville, Indiana Approving the Issuance of the City of Evansville, Indiana, Redevelopment District Taxable Tax Increment Refunding Revenue Note, Series 2016

CONSENT AGENDA

SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-19 AMENDED PUBLIC WORKS McGINN
An Ordinance to Vacate a Certain Easement Within the City of Evansville, Indiana, Storm Drain Easement Across Lots 4 and 5, Stonefield Crossing Subdivision, Parcel ID 82-06-14-015- 170.027

CITY COUNCIL AGENDA JUNE 27, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE G-2016-20 PUBLIC WORKS McGINN
An Ordinance to Vacate Certain Public Ways or Public Places with the City of Evansville, Indiana, Commonly Known as that Portion of a 10-Foot Public Utility Easement on Lot 26 in East Pointe Business Park, Section 4, Also that Part of a 10-Foot Public Utility Easement on Lot 12 in East Pointe Business Park, Section 6, Also All that Part of a Lake Maintenance and Storm Drainage Easement on Lot 12 in East Pointe Business Park, Section 6

ORDINANCE F-2016-14 AMENDED FINANCE McGINN
An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

ORDINANCE F-2016-15 FINANCE McGINN
An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

RESOLUTION C-2016-12 FINANCE McGINN
Resolution of the Common Council of the City of Evansville, Indiana, Regarding the Implementation of Certain Internal Control Standards and Procedures

RESOLUTION C-2016-13 FINANCE McGINN
Resolution of the Common Council of the City of Evansville, Indiana, Regarding Reporting Erroneous or Irregular Material Variances, Losses, Shortages or Theft of Public Funds
REGULAR AGENDA

THIRD READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-19 AMENDED PUBLIC WORKS McGINN
An Ordinance to Vacate a Certain Easement Within the City of Evansville, Indiana, Storm Drain Easement Across Lots 4 and 5, Stonefield Crossing Subdivision, Parcel ID 82-06-14-015- 170.027

ORDINANCE G-2016-20 PUBLIC WORKS McGINN
An Ordinance to Vacate Certain Public Ways or Public Places with the City of Evansville, Indiana, Commonly Known as that Portion of a 10-Foot Public Utility Easement on Lot 26 in East Pointe Business Park, Section 4, Also that Part of a 10-Foot Public Utility Easement on Lot 12 in East Pointe Business Park, Section 6, Also All that Part of a Lake Maintenance and Storm Drainage Easement on Lot 12 in East Pointe Business Park, Section 6

ORDINANCE F-2016-14 AMENDED FINANCE McGINN
An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

CITY COUNCIL AGENDA JUNE 27, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE F-2016-15 FINANCE McGINN
An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

RESOLUTION C-2016-12 FINANCE McGINN
Resolution of the Common Council of the City of Evansville, Indiana, Regarding the Implementation of Certain Internal Control Standards and Procedures

RESOLUTION C-2016-13 FINANCE McGINN
Resolution of the Common Council of the City of Evansville, Indiana, Regarding Reporting Erroneous or Irregular Material Variances, Losses, Shortages or Theft of Public Funds

RESOLUTION DOCKETRESOLUTION C-2016-16 DOCKET ADAMS, MERCER, MOSBY
A Resolution of the Common Council Approving an Interlocal Agreement with Knight Township

RESOLUTION C-2016-19 DOCKET MOSBY, BRINKMEYER
A Resolution Memorializing the Mater Dei Girls Softball Team for Winning the State Championship

MISCELLANEOUS BUSINESS
The next meeting of the Common Council will be Monday, July 11, 2016 at 5:30 p.m. Committee meetings will begin at 5:00 p.m.

ADJOURNMENT

Ellis Park 2016 Summer Meet At A Glance

06/27/2016

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Ellis Park 2016 Summer Meet At A GlanceÂ

Dates: July 2-Sept. 5 (30 days), Fridays through Sundays, plus Mondays July 4 and Sept. 5. No racing Saturday, Sept. 3.

Post time: 12:50 p.m. CT/1:50 p.m. ET. Gates open 11 a.m. CT.

General admission: free. Reserved seating in Sky Theatre ($8 seat) and Clubhouse ($2). GrandstandÂ ($15 for six seats). Turf Club memberships and season tables in Sky Theatre and Clubhouse available.

Dining reservations: (812) 435-8918

Parking: free; valet available

Multi-horse wager minimums: 10-cent superfecta; 50-cent trifecta, Pick 3, Pick 4, Pick 5; $1 exacta, Super High Five.

Stakes: July 9 – $50,000 Ellis Park Turf, fillies & mares 3yos & up, 1 1/16 miles (turf). July 16 – $50,000 Don Bernhardt Memorial, 3yo & up, 6 1/2 furlongs. Aug. 6 – $100,000 Groupie Doll (G3), fillies & mares 3yos & up, mile; $75,000 Ellis Park Juvenile, 2yos, 7 furlongs. Sept. 5 – $50,000 Cliff Guilliams Handicap, 3yo & up, 1 1/16 miles (turf).

Simulcasting: Betting on horse racing around the country seven days a week, including Saratoga and Del Mar.

Instant Racing: Ellis Park provides the best in Instant Racing Machines (IRMs), the thrill of horse racing and the fun and flash of video gaming seven days a week. Created in 2000 by Oaklawn Park and AmTote, Inc, these state-of-the-art machines are electronic pari-mutuel systems that allow players to take part in simulated race experiences by making wagers on historic horse races.

Promotions: July 2 – Opening day/mystery mutuel voucher; July
4 – special Independence Day card; July 10 – Gentlemenâ€™s Day; July 17 – Retired Thoroughbred
Day; July 23 – July 23 – Camel and ostrich races; July 24 – Laptop giveaway; July 30 – Ladiesâ€™ Day/PDJF Day; July 31 – Dollar Day. Aug. 6 – Grade 3 Groupie Doll Day; Aug. 7 – St. Judeâ€™s Day; Aug. 13th – Alles Brothers Furniture Day; Aug. 14 – Tavern Day; Aug. 20-21 – Wiener dog trials; Aug. 26 – Law Enforcement Day; Aug. 27 – Wiener dog finals; Aug. 28 – Dollar Day. Sept. 4 – Dollar Day/Kidsâ€™ Day; Sept. 5 – Fan Appreciation day.

7th Circuit Reversal: Concur Fraud Victims, Not Creditor, Take Priority

06/27/2016

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Dave Stafford for www.theindianalawyer.com

Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.

The reversal orders further proceedings in ACF 2006 v. Conour, 1:13-cv-001286, remanding the case to Judge Tanya Walton Pratt in the U.S. District Court for the Southern District of Indiana. Pratt previously ruled that victims who sought to intervene in the case brought by a former Conour creditor could not. Pratt ruled ACF was entitled to the money on a quantum meruit basis from the nearly $2 million in fees attorney Timothy Devereux earned on several cases he won at Ladendorf Law Firm after he left the Conour Firm.

Judge Frank Easterbrook wrote for the panel in ACF 2006 Corp v. Timothy Devereux, 15-3037 and 15-3048, that this is an area of untested law in Indiana, but that victims who were defrauded by Conour should take precedence over a later creditor.Â Conour is serving a 10-year sentence for stealing more than $6 million from clients.

â€œThe norm that victims of a lawyerâ€™s breach of trust have a remedy notwithstanding the later grant of a security interest to a commercial lender is one of long standing and is reflected in Indiana by (Indiana Code) Â§30-4-3-22(c)(2). Section 23-1.5.2-7 tells us that the use of the corporate form to hold assets of a legal practice does not change that norm. It follows that the Victims have priority over the Lender in the funds that the Conour Firm is entitled to receive from (Devereux and Ladendorf). The judgment of the district court is reversed, and the case is remanded for the entry of judgment consistent with this opinion.â€

Davis and Loretta Beals and their daughter Kristen sought to intervene in this case, claiming they were wrongly blocked at the District Court. Conour won a settlement for the Bealses, who were injured in a deadly crash involving a tractor-trailer, but the Bealses are still trying to collect about $500,000 of the money Conour stole from them.

But the 7th Circuit decision also likely will reduce the award Pratt granted. In one of Devereuxâ€™s cases that generated fees of about $1.4 million, Pratt ruled 40 percent should go to the Conour Firm to satisfy ACFâ€™s lien. This despite three witnesses testifying the Conour Firm should be entitled to just 10 percent.

Easterbrook also ruled Pratt erred in awarding prejudgment interest at 8 percent, since the money is held in IOLTA accounts whose interest is not available to the firm, as such interest goes to the Indiana Bar Foundation to fund pro bono legal service. â€œThe award of prejudgment interest was a misstep that must be undone on remand,â€ Easterbrook wrote.

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06/27/2016

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PATH – Interviewer

WESTATÂ Â 158 reviewsÂ -Â Boonville, IN

Valid (current) driverâ€™s license that is not under suspension. Be field interviewers. Westat is an Equal Opportunity Employer and does not discriminate on the…