Laserfiche WebLink
329 <br />REGULAR MEETING I SEPTEMBER 12, 1977 <br />APPROVAL OF AMENDMENT AND LEASES - CLAY UTILITIES <br />Robert M. Parker, Deputy City Attorney, submitted to the Board <br />the Fifth Amendment to the Clay Utilities Agreement with the <br />City providing for the lease -purchase of Clay Utilities by the <br />City of South Bend and lease agreements for waterworks facilities <br />and sewage disposal facilities. Mr. Parker requested that the <br />Board of Public Works sign the amendment and agreements which will <br />then be submitted to the Board of Waterworks Commissioners and the <br />Board of Wastewater Commissioners for approval and submittal to the <br />Common Council. Mr. Brunner asked why the agreements were being <br />submitted to the Board when they have not been signed by Homer <br />Fitterling for Clay Utilities. Mr. Parer explained that this is an <br />ongoing offer and when the leases have been signed by the Boards <br />and approved by the Council and the Mayor, a corporate resolution will <br />be prepared authorizing Mr. Fitterling Is signature on the documents. <br />Mr. McMahon asked whether previous lease agreement should be dealt with <br />by the Board. Mr. Parker said the Board should take action to clear <br />any previous agreements and noted that the Common Council has already <br />taken action to clear the previous agreements from their records. <br />Mr. Brunner moved that any previously signed lease documents regarding <br />the respective Boards and Clay Utilities, Inc. be stricken from the <br />record of the respective Boards, including the Board of Public Works <br />and that they be supplanted by the two lease agreements to be <br />executed by the Board this morning.. Mr. McMahon seconded the motion <br />and it carried. Mr. Brunner made a motion that the forms of lease <br />with Clay Utilities, Inc. and the Board of Waterworks Commissioners <br />and the Board of Wastewater Commissioners, presented to the Board <br />of Public Works by Robert Parker, be executed by the Board of Public <br />Works. Mr. McMahon seconded the motion and it carried. Mr. Parker <br />noted a typographical error in the sewer lease on Page 11, Paragraph <br />13, reference is made to water furnished and it should be amended to <br />"sewage treated". It will be amended by the Common Council. Upon <br />motion made by Mr. McMahon, seconded by Mr. Brunner and carried, Mr. <br />McMahon made a motion to approve the lease with the proposed amendment <br />to be passed by the Council. Mr. Brunner seconded the motion and it <br />carried. <br />There being <br />made by Mr. <br />adjourned at <br />no further business to come before the Board, upon motion <br />McMahon, seconded by Mr. Brunner and carried, the meeting <br />ln•15 a_m_ <br />Peter H. Mullen <br />ATTEST: <br />Patricia DeClercq, Clerk <br />