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Home My WebLink About98-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 98-22 File Number: 2022-0358 WATER DAMAGE CLAIMS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $100,000.00 TO COVER WATER LEAK AND SEWER OVERFLOW DAMAGE CLAIMS THAT MAY OCCUR IN 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $100,000.00 to cover water leak and sewer overflow damage claims that may occur in 2022. PASSED and APPROVED on 5/3/2022 Approved: A Lioneld Jordan, Mayor. Attest: �,Jj, r r r i,t�� FkY7 i1'11 L.F Kara Paxton, City Clerk Treasurerrr. : Page 1 Printed on 514122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0358 Agenda Date: 5/3/2022 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: A.9 WATER DAMAGE CLAIMS: File Type: Resolution A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $100,000.00 TO COVER WATER LEAK AND SEWER OVERFLOW DAMAGE CLAIMS THAT MAY OCCUR IN 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $100,000.00 to cover water leak and sewer overflow damage claims that may occur in 2022. City of Fayetteville, Arkansas Page 1 Printed on 51412022 City of Fayetteville Staff Review Form 2022-0358 Legistar File ID 5/3/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 4/15/2022 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests a Budget Adjustment in the amount of $100,000 to cover Water Leak and Sewer overflow claims that may need to be paid in 2022. Budget Impact: 5400.720.4310-5311.04 Account Number N/A Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Water and Sewer Fund N/A Project Title $ 120,435.00 $ 115,710.78 $ 4,724.22 $ 100,000.00 $ 100,000.00 S 4,724.22 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 3, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: April 15, 2022 CITY COUNCIL MEMO SUBJECT: Budget Adjustment for Damage Claims Water Line Breaks & Sewer Overflows RECOMMENDATION: Staff requests a Budget Adjustment in the amount of $100,000 to cover Water Leak and Sewer overflow claims that may need to be paid in 2022. BACKGROUND AND DISCUSSION: There were some major claims in 2021 that will not be settled until this year, because the process for requesting reimbursement of large claims is time consuming for both the residents and city staff. The dollar amount that is anticipated to be considered for reimbursement by the City Council requires a budget adjustment to cover additional claims that may occur in 2022. BUDGET/STAFF IMPACT: Funds are available in the Utilities' Fund Balance (Reserve) to transfer into the Self -Insurance, Non -Vehicle Damage account. Attachments: Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WATER SEWER (720) 2022 Requestor: Tarvarius J. Smith BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget amendment is needed within the Water and Sewer's Fund 2022 annual budget to fund additional water claims associated with some larger claims that have not been completed, and additional funds are also needed to cover water and sewer claims that may arise throughout the remainder of 2022. RESOLUTION/ORDINANCE COUNCIL DATE LEGISTAR FILE ID 5/3/2022 #: 2022-0358 Apri b McLto-w V15/2022 1:49 PM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) TOTAL 100,000 100,000 v.20220314 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.720.4310-5311.04 100,000 - EX Insurance - Self (Non -Vehicle Damage) 5400.720.4000-4999.99 - 100,000 RE Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\05-03-22\2022-0358 BA WS water line break repairs 1 of 1 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Chris Brown, Public Works Director Terry Gulley, Asst. Public Works Director Jonathan Curth, Development Services Director Steven Dotson, Internal Auditor FROM: Kit Williams, City Attorney DATE: May 2, 2022 RE: Mayor recuperating at home and performing essential duties Kit Williams City Attorney Blake Pennington Assistant City Attorrey Jodi Batker Paralegal Mayor Jordan is currently recuperating at home, but is fully capable and performing the essential duties of his office. One such duty was to clarify how and when his approval through use of his signature stamp could be exercised. Ordinances, Resolutions, Contracts and other documents approved by the City Council may have the Mayor's signature stamp applied upon the unanimous agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A similar procedure was used during a rare week or longer vacation for the Mayor years ago where cell phone service at his vacation spot was not always reliable. An initial draft of his authority for use of his signature stamp was signed by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just signed an updated and more specific and complete authorization detailing what the City Staff should do during this period when staff may speak with him for any necessary decisions or instructions, but when City Staff is authorized to perform housekeeping, ministerial, and uncontroversial actions on the Mayor's behalf. This replacement authority dated today is also attached and supersedes the April 29th authorization. Mayor Jordan has also designated his Chief of Staff to handle most of his normal meetings duties until his full time return to the office. The Vice Mayor shall conduct all City Council meetings and Agenda sessions as the Mayor recuperates. If any document proposed for the Mayor's signature has any questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision before his signature stamp is used or withheld. Mayor Jordan remains able to perform his necessary official duties although much of the noncontroversial, house -keeping measures will be handled by his Chief of Staff and necessary signatures by use of his signature stamp so the Mayor can get more needed rest. In the unlikely event that Mayor Jordan would be deemed by a Circuit Court as being "unable to perform the duties of office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan Norton to Perform the Duties of the Office of Mayor If and When Necessary. A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (C) An unelected employee or resident of the city if designated by the mayor and approved by the City Council." If the City Council does not approve the Mayor's designation of Chief of Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who as an "elected official of the city" does not need approval of the City Council. (A.C.A. §14-43-501 (b)(3)(B). 2 OFFICE OF THE MAYOR April 29, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following approval procedures to be used during any period I am absent from the City, under the following conditions: • Until I return to regular office hours Chief of Staff, Susan Norton will have the final approval necessary for Legistar items My signature stamp may be used for all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR May 2, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated approval and signatory procedures to be used during any week or longer period of time if I need some of my more signatory and ministerial and/or in -person meeting duties performed for me until I return to full-time status: ■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items • My signature stamp may be used to approve all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process ■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or attend (except City Council meetings and Agenda Sessions). Other staff who are already ejnpowered to represent me in regional boards or commissions may continue to represent me iii those boarasland commissions 4tv r...�� Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If And When Necessary I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office while I recuperate in the hospital or at home. I have established proper procedural guidelines so that my signature stamp may be used instead of my written signature on documents approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and Acceptances, and Deeds. If I become temporarily unable to perform the duties of the Office of Mayor, I hereby designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties myself. If the City Council fails to approve my designation of Chief of Staff Susan Norton to perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A. §14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the duties and functions of Mayor of Fayetteville. s - a - Date LIONELD J❑ Mayor ��-�� Witness City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov