Approving the Fifth Amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities, INC.

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I WHEREAS, the parties hereto have heretofore, to wit, on the 19th day of April, 1971, entered into a fourth amendment to the aforesaid agreement, which said fourth amendment is now incorporated herein and made a part hereof by reference; and WHEREAS, since the effective date of said agreement and the amendments thereto, the Indiana Legislature has enacted into law certain enabling statutes (Burns Indiana Statutes Annotated, Code Edition I.C. 1971, 19- 3 -11 -5 as added by Acts 1975, P.L. 214 - water- works; and I.C. 1971, 19 -2 -5.5 as added by Acts 1975, P.L. 211 - sewage works) designed to permit the lease - purchase of water and sewage utilities such as those operated in St. Joseph County by Party of the First Part; and WHEREAS, preliminary negotiations between the parties hereto in relation to possible lease - purchase of.said utilities in accordance with the terms of the aforesaid statutes, would indicate that the successful culmination of such negotiations would be in the best interest of the parties and the public; and WHEREAS, existing agreement as four times amended contemplates the furnishing of all of the water requirements of Party of the First Part (Clay Utilities) by Party of the Second Part (City of South Bend) and it-is still deemed desirable that said required water should be furnished exclusively by the City and accordingly the wells and land acquired by Clay from Aqua, Inc. together with the interconnect, booster and appurtenances subsequently added by Clay should be acquired by the City of South Bend; and -2-