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HomeMy WebLinkAboutApproving a fourth amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities, INC. RESOLUTION NO. 271-71 Passed by the Common Council of the City of South Bend, Indiana, April 12, 19 71 Attest: City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana 19 City Clerk Approved and signed by me 19 Mayor RESOLUTION NO . 771-71 A RESOLUTION APPROVING A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC . FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA WHEREAS, the Board of Water Works Commissioners and the Board of Sewage Commissioners deem it to be in the best interests of their respective facilities and to the City of South Bend to amend an Agreement to furnish water and sewage services in Clay Township to Clay Utilities, Inc . , which Agreement was entered into on the 22nd day of March, 1965, and approved by Resolution No. 96-65 of the Common Council of the City of South Bend on the 10th day of May , 1965. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE ` CITY OF SOUTH BEND, INDIANA, that the contract entered into between the South Bend City Water Works and the sewage disposal plant of the City of South Bend and Clay Utilities, Inc . , dated the 22nd day of March, 1965, for the furnishing of water and sewage treatment to Clay Township, St . Joseph County , Indiana, as four times amended, is hereby approved and confirmed; said fourth amendment being attached hereto as an exhibit and made a part of this Resolution. I �V•� � lam,AJr � � �-� Member of the Common Council Ist & 2nd READING 2-2 2-71 COMMITTEE OF THE WHOLE PUBLIC HEARING 4-12-71 '111ED IN CLERKS OFFICE 3rd READING NOT APPROVED REFERRED 2-22-71 Sewers & Drains Committee F Erb 1 ,? PASSED 4-12—71 i<ATHRYN L. BLOU'GH CITY CLERK, SOUTH BEND, IND. FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT made and entered into this Jt� r r1 � _!_.E.. day of r �- 1971, by and between CLAY UTILITIES, INC . , hereinafter referred to as the "Party of the First Part , " and the CITY OF SOUTH BEND, hereinafter referred to as the "Party of the Second Part , " W I T N E S S E T H: WHEREAS, the parties hereto have heretofore, to wit , on the 22nd day of March, 1965, entered into an agreement relating to the furnishing of sewage disposal service and water utility service by Party of the Second Part to the Party of the First Part to certain portions of Clay Township, St . Joseph County , Indiana, which said agreement is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore, to wit , on the 14th day of June, 1965, entered into an amendment to the aforesaid agreement , which said amendment is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore, to wit , on the 23rd day of May , 1966, entered into a second amendment to the afore- said agreement , which said second amendment is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore, to wit , on the 27th day of February , 1967 , entered into a third amendment to the aforesaid agreement , which said third amendment is now incorporated 2 - herein and made a part hereof by reference; and WHEREAS, the parties are now desirous of amending the service area pertaining to said agreement by deleting therefrom a portion of Centre, in St. Joseph County , Indiana, and of further amendinq sewage service location; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties now agree to amend numerical paragraph 1 appearing under "PART 1 - WATER SERVICE, " and "PART 2 - SEWER SERVICE, " and numerical paragraph 4 under the latter, by deleting from numerical paragraph 1, Tract C as described in Exhibit 1 attached hereto and made a part hereof . Also by deleting the word "aforesaid" and adding an "s" to the word "point " in the second paragraph of said numerical paragraph 4 . The parties acknowledge that the Combined Rural Water and Sewage Utility Act of 1963 has been declared unconstitutional and that First Party is currently rendering its utility services in compliance with the 1957 "Rural Sewage Utility Act" and the "Public Service Commission Act " of 1913 as amended, but proposes, and is at liberty , to accept the benefits of any future legislation to which it might become entitled . It is understood and agreed that this amendment is in all •1 3 - respects subject to the approval of the Common Council of the City of South Bend by duly adopted resolution, IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement the day and year first above written. CLAY UTILITIES, INC . By � 7 TTEST: Homer W. Fitterling, Pres ' nt Maxine O. Fitterling, Secretar CITY O Oj H NDIAN By ATTEST: d M llin, -Itd Mayor Kathryn Blough, City erk Approved as to form and legality She and J. umpacker, City Attorney WATER AND SEW AG BOARDS By t � c A � : Doris Allen, Clerk Approved by Common Council of the City of South Bend on the 12th day of April 1971 . Robert O. Laven ATTEST: President, Common Council 4athryily. Blou h, City 6jerk Exhibit 1 Tract C Territory in Centre Township, St . Joseph County , Indiana, more particularly describ*d as: ` \Beginning at the intersection of the southerly ric:.t-oi -way line of the U .S. #31 South Bend By-Pass and the north and j south centerline of Section 26, T37N, R.2E; thence due south along the said centerline of Section 26, T37N, R2E to the i south line of Section 26, T37N, R2E; thence due west a ti distance of 385 feet along the north line of Section 35, T.37N, R2E; thence due south along a line 385 feet west of and parallel to the north and south centerline of Section 35, T37N, R2E a distance of 1050 feet ; thence due east a distance of 385 feet to the west boundary line o: ' .iewelwood Addition; thence due south along the said hest boundary line of Jewelwood Addition : (which lire is also , the north and south centerline of Section 35 , T37N, R2:,� , to the south line of said Section 35, T37N , R2E ;this south line also being the centerline of Kern Road) ;thence , further due south 200 feet along the north and south center- line of Section 2, T36N, ,R2E; thence due east along a line 200 feet south of and parallel to the north line of said Section 2 , T36N, R2E a distance of 2335 feet more c. less ,. to a point 250 feet due west of the centerline of U.S . ;-3i Sout ..,• thence southwesterly along a line 250 feet west of and parallel to the centerline of U.S . #31 a distance of 300 feet more or less to the south boundary line of Soutamoor Addition extended westward; thence east along this line and following the south boundary line cf South- moor Addition a distance of 1050 feet more or less to a point of intersection with the west boundary of xcCracsce n's Rolling Acres Unit "B" ; thence south following the west boundary of McCracken' s Rolling Acres Unit "B" :: distance of 660 feet more or less to a point of intersection with t je so-zh line of McCracken' s Rolling Acres Unit. thence east following the south line of McCrac;:en ' s Ro'_li.g ` Acres Unit "B" and the south line of MCCracke:i ' S Roll�r.g Acres Unit "B" extended eastward a distance of 120 feet 4 1 . t _ore or less to the southwest corner of Lot No . >IcCracken 's Rolling Acres Uni . "C t::enca east a distane© o: 1100 feet more or less following the south xcCracken's Rolling Acres Unit "C" and the south line of � ::cCracken 's Rolling Acres Unit "C" extended east to a point 200 feet asst of the centerline of Followz Street (also being the north and south centerline• oz nec-�ion 1, ^. 36N, R2E) ; thence north following a line 200 feet east of and. parallel to the centerline of Fellows Sheet a distance of 1150 feet more or less to a point on a line 200 feet south of the north section line of Section 1, ^.36N, R2E; thence east on a line parallel to and 200 :eat south of the north section line of Section 1, i3oN, R2� a distance of 900 feet more or less to a point a nort:. • and south line establ�shed by the east line c; Swanson Heights Subdivision extended south; thence no_ along the east line of Swanson- Heights Subdivision a distance Of 1493 feet more or less to• a point at the nort::cast corner of Lot 18 of Swanson Heights Subdivision : whence west a distance of 900 feet more or' less follow:.:-.g a lire • formed by the north end of Swanson Heights' Sum division and t.-,e north end of Swanson Heights Subdivision extended west to a point 200 feet east of the north and sour centerline of Section 36, T37N, R2E; thence north follow_n, a line ' 200 feet east of and parallel to the north. anal south center- line of aforesaid Section 36 a distance of 3770 -,2ct more or less to a point in the south section line o� 25, T37N, R2E, (said point being on t:na present City ��...�:s of City of South Bend) ; thence west; thence n.cr-_ ; nenca sout:.westerly following the present City Limits ; _.:rt'r.er west and northwesterly following the presen= .:av --lits to the place of beginning, all located _n Sections .5 and 26, T37N, R2E and Sections35 and 36, :37N, R2-Z- an"' Sections 1 and 2 , T36N, R2E, all in Centre Township, St. Joseph County, Indiana, containing approximate_y 890 acres, r Tnntuttu t Irpart April 12, 1971 go toe TOM= Tounril of Or' (MY of #04 send: Your Committee The Sewers and Drains Committee to whom was referred A RESOLUTION APPROVING A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC. , FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion the Resolution be favorably considered by the Council, subject to an amended agreement attached thereto, which substituted Page #2 of the agreement, as originally submitted, and that the Council hold a public hearing on April 12, 1971. Albert E. Palmer Chairman FREE RRE95 y PUBLISHING Co. OFFICE of the CITY CLERK Date------------- April- 14--------------------- -,19.-71- Lloyd Taylor, City Engineer To------------------------------------------------------------------ -------------------------- -------------------------------------------------------------------------- April 12, 1971 At the - ------------- ---------------- ----------------------------------------------- meeting of the Council the following matter was referred to you for appropriate disposal of for specific action as indicated: Per telephone conversation (4-14-71) with S. J. Crumpacker A RESOLUTION APPROVING A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC. , FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. The original agreement between Clay Utilities and the South Bend Water Works and Sewage Plant is attached for consideration at the Water & Sewage Board meeting on Monday, April 19, 1971. This original copy must remain with the original Resolution, therefore, it is important that after the proper signatures have been placed on the document, it must be returned to the City Clerk's Office. Documents attached: City Clerk Original agreement-unsigned CopX _ _._Common CounciKATHRYN L. BLOUGH Deputy ------- M. Platts THE FREC PRESS M4� PUBLISHING CO. Agenda #22 - Meeting of 2-22-71 OFFICE of the CITY CLERK Date-----------Feb. 2 3 19.71 Albert E. Palmer, Chairman SEWERS AND DRAINS COMMITTEE John V. Wise To•---------------------------------------•-------------------- ------------------- Raymorid C� Zieliris7{i At the February__ 22 ,__--1971_________________ meeting of the Council the following matter was referred to you for appropriate disposal of for specific action as indicated: A RESOLUTION APPROVING A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC. FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. Councilman Reinke made a motion, seconded by Councilman Grounds that the resolution be referred to the Sewers and Drains Committee for further study. Motion carried. 8 ayes, 1 nay, 0 absent. Documents attached: City Clerk --------------- - KATHRYN L. BLOUGH M. Platts Deputy -------------- --------------------------------------- - -THE FREE PRESS , PUBLISHING CO. 2 - herein and made a part hereof by reference; and f WHEREAS, the parties are now desirous of amending the service area pertaining to said agreement by deleting therefrom a portion of Centre, plus a portion of German Township, all in St . Joseph County, Indiana, and of further amending service locations; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties now agree to amend numerical paragraphs 1 and 3, appearing under "PART 1 - WATER SERVICE, " and "PART 2 - SEWER SERVICE, " and numerical paragraph 4 under the latter, by deleting from numerical paragraph 1, Tracts C and D, all as described in Exhibit 1 attached hereto and made a part hereof, and by adding to numerical paragraph 3 the following: "To serve the rest of the service areas such additional locations as are reasonably required ( including but not limited to a sewer connection at Healthwin Hospital) shall be made available on a like basis . " Also by changing the period to a comma at the end of the second paragraph of said numerical paragraph 4 and then adding the following: "( even though additional measuring devices are used-'at additional locations) ." The parties acknovlkedge that the Combined Rural Water and Sewage Utility Act of 1963' has been declared unconstitutional and that First Party is currently`,rendering its utility services in compliance with the 1957 "Rural Sewage Utility Act" and the "Public Service Commission Act" of 1913 as 'amended, but proposes, and is at liberty , to accept the benefits of `,�ny future legislation to which it might be6ome entitled. It is understood and agreed that this amendment is in all t herein and made a part hereof by reFerence; �+ri ' WHEREAS, the nart ies are now desirous i-nend 1 w) the se: v F area nertaining to said agreement by ielet inc: erefrc�: n 1; i of Centre a portion of German Townshio, all in St . zc' h County , Indiana, and of further amending ? tre loca': ions�- NOW THEREFORE, in consideration o the mutual (,ovenant s and i agreements contained herein, the parties now agree to amend nur - rival paragraph®1 nd 3 appearing under "PART 1 - WATER SERv!i-E, " an-i "PART 2 - SEWER SERVICE, " and numerical paragraph 4 under the latter , by deleting from numerical paragraph 1, Tract(p C ant D, all as described in Exhibit 1 attached h 'reto and made a part hereof& nd by adding\�to numerical paragraph 3 the following : "To nerve the rest of the service areas such additional locations as are reasonably requiredl( including but not /4, ited to a sewer connection at Healthwin Hospital) hall made available on a like baste . " Also by ornrha a e tfie second paragraph �-- - ` of said numerical parag ph nd then adding the following : "1 even all though additional men ring devices are used at additional locations) ." The parties acknow1muge that the CaMin e Rural Water and Sewage Utility Act of 1963 has been, declared unconstitutional and that First Party is currently render i�g its utility services in compliance with the 1957 "Rural Sewage btility Act" and the "Public Service Commission Act" of 1913 as amended, but proposes , and is at liberty , to accept the benefits of any future legislation to which it might become entitled. It is understood and agreed that this amendment is in all � Exhibit 1 Tract D Territory in German Township, St . Joseph County , to wit Starting at the Southwest corner of the Northeast Quarter of Section Twenty-Two (22) , Township Thirty-eight (38) North, Range Two (2) East; thence East along the East-West centerline of Section Twenty-Two (22) Two Thousand Three Hundred Four and Ninety-Three Hundredths (2304 .93) feet to the East right-of-way line of Lilac Road; thence North 000, 35 ' 30" West along the East right-of-way line of Lilac Road Five Hundred Forty-One and Eleven Hundredths (541.11) feet; thence South 890 44 ' 30" West Nine Hundred Eighty and Eighty-One Hundredths (980 .81) feet; thence North 000 05 ' 06" West Five Hundred Forty-One and Forty-Four Hundredths (541.44) feel- ; thence North 450 01 ' 23" West, Twenty-Eight and ,*nirty-One Hundredths (28 .31) feet; thence North 890 57 ' 40" West, Five Hundred Forty-One and Fifty Hundredths (541.50) feet; thence North 000 02 ' 00" West, One Thousand Five Hundred Thirty-One and Two Hundredths (1531.02) feet to the south right-of-way line of ,rick Road; thence North 900 00 ' 00" West, along the South right-of-way line of Brick Road Seven Hundred Fifty-Nine and Eighty-Hundredths (759 .80) feet to a point Twenty (20) feet South of the Northwest corner of the Northeast Quarter of Section Twenty-Two (22) , Township Thirty-Eight (38) North, Range Two (2) East, thence South 000 00 ' 56" East, along the North-South centerline of Section Twenty-Two (22) a distance of Two Thousand Six Hundred Thirty-Nine and Twelve Hundredths (2639 .12) feet to' the place of beginning, containing 72 .36 acres more or less .