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RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND <br />WHEREAS, negotiations have been conducted over an extended <br />period of time between the Administration and Clay Utilities, Inc., <br />culminating in a form of Lease for waterworks facilities and a form <br />of Lease for sewage disposal facilities from CLAY UTILITIES, INC. <br />which Leases have been approved by the Utility; and <br />WHEREAS, said Leases have been considered and reviewed <br />by this Council, before the filing of said Leases; and <br />WHEREAS, this Council now finds that a need exists for the <br />leasing and acquisition of said utility facilities, and that the <br />CITY OF SOUTH BEND and its Municipal Utilities cannot provide the <br />necessary funds to acquire such utility facilities; and <br />WHEREAS, it is deemed desirable to proceed with a Public <br />Hearing and all other steps looking toward the leasing of such <br />utility facilities from CLAY UTILITIES, INC., to the CITY OF SOUTH <br />BEND, INDIANA, <br />NOW, THEREFORE, BE IT RESOLVED, that the terms and condi- <br />tions of said Leases heretofore filed with this Council are agreed <br />to subject to such matters as might arise at said Public Hearing. <br />BE IT FURTHER RESOLVED, that a need exists for the acquisi- <br />tion of such utility facilities, and that they cannot be acquired <br />from any funds available to the CITY OF SOUTH BEND, INDIANA, and <br />that this Council proceed, with the co- operation and assistance of <br />the Mayor and such other Officials of this City as might be involved, <br />to take such steps as may be necessary to secure the leasing of <br />such utility facilities, as provided by Public Laws 211 and 214 of <br />the Acts of 1975. <br />BE IT FURTHER RESOLVED, that the City Clerk cause a notice <br />to be prepared in due legal form of the hearing on the proposed leases <br />for waterworks facilities and sewage disposal facilities with CLAY <br />UTILITIES, INC.; that the hearing be had at the regular meeting of <br />this Council to be held on the 14th day of March, 1977, at the hour <br />of 7:00 P.M. (E.S.T.) ; that a copy of the proposed leases be placed <br />on public file in the office of the City Clerk starting tomorrow <br />and remain available to the public until jtbe ti of the haring. <br />Approved by Common Council of hfe City of South Bend on <br />the day of <br />I=ILED IN CLERK'S OFFICE <br />9) 1977 <br />'' Irene Gammon <br />9M CLERK SOUTH BEND {ND„ <br />1977. <br />Roger 0. Parent, <br />Presiding Officer <br />LriI , <br />c. -,ion <br />