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Approving a fourth amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities, INC.
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Approving a fourth amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities, INC.
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
4/12/1971
Ord-Res Number
271-71
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2 - <br /> herein and made a part hereof by reference; and <br /> f WHEREAS, the parties are now desirous of amending the service <br /> area pertaining to said agreement by deleting therefrom a portion <br /> of Centre, plus a portion of German Township, all in St . Joseph <br /> County, Indiana, and of further amending service locations; <br /> NOW THEREFORE, in consideration of the mutual covenants and <br /> agreements contained herein, the parties now agree to amend numerical <br /> paragraphs 1 and 3, appearing under "PART 1 - WATER SERVICE, " and <br /> "PART 2 - SEWER SERVICE, " and numerical paragraph 4 under the latter, <br /> by deleting from numerical paragraph 1, Tracts C and D, all as <br /> described in Exhibit 1 attached hereto and made a part hereof, and <br /> by adding to numerical paragraph 3 the following: "To serve the <br /> rest of the service areas such additional locations as are reasonably <br /> required ( including but not limited to a sewer connection at <br /> Healthwin Hospital) shall be made available on a like basis . " Also <br /> by changing the period to a comma at the end of the second paragraph <br /> of said numerical paragraph 4 and then adding the following: "( even <br /> though additional measuring devices are used-'at additional locations) ." <br /> The parties acknovlkedge that the Combined Rural Water and <br /> Sewage Utility Act of 1963' has been declared unconstitutional and <br /> that First Party is currently`,rendering its utility services in <br /> compliance with the 1957 "Rural Sewage Utility Act" and the "Public <br /> Service Commission Act" of 1913 as 'amended, but proposes, and is <br /> at liberty , to accept the benefits of `,�ny future legislation to <br /> which it might be6ome entitled. <br /> It is understood and agreed that this amendment is in all <br />
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