Approving a second amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities Inc.

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FILED IN MRS Of Ril • JUN 15,; , SECOND AMENDMENT TO AGREEMENT KATHRYN L. QLOUGH CITY CLERK, SOUTH BEND, IN THIS SECOND AMENDMENT TO AGREEMENT made and entered into this 23rd day of May, 1966, by and between CLAY UTILITIES, INC., hereinafter referred to as the "PARTY OF THE FIRST PARV, 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 Thereto 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 Fart 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 ViEREAS, Second Party has duly amended its published rates for sewage charges by ordinance adopted on the ;�,I-fX day of April, 1966, all in accordance with Part Two of the aforesaid March 22nd, 1965 agreement; and WHEREAS, said new published rates in some respects will cover services from which only the citizens of the City of South Bend can benefit, thus requiring an equitable adjustment as relates to charges to Party of the Second Part in its service area; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in order to equitably adjust the