Approving the Leasing of Sewage Disposal Facilities of Clay Uilities inc

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BILL NO. ORDINANCE NO. 'r% 3 Q cg AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. AND APPROVING THE CURRENT RATES AND CHARGES OF CLAY UTILITIES, INC. STATEMENT OF PURPOSE AND INTENT: Negotiations have been conducted for the leasing of the sewage disposal £ac i 1 i ties currently awned and operated by CLAY UTILITIES, INC . , in its Service Area being that portion of Clay Township, St. Joseph County, Indiana, lying North of the Indiana East-West Toll Road, West of Hickory Road extended and East of the center line of the New York Central right -of -way, plus that portion of the Town of Roseland lying South of said Toll Road pursuant to the provisions of I.C. 36 -9 -24. CLAY UTILITIES, INC. , is a public utility holding a certificate of territorial authority for the operation of a sewage disposal facility and as such is authorized by the above mentioned statutes to lease said portion of its sewage disposal facilities to the CITY OF SOUTH BEND, INDIANA, and has assisted in the drafting and preparation of a proposed lease for said sewage disposal facilities; and A notice of a hearing on the proposed lease and the approval of the current rates and charges was given by publication in The South Bend Tribune, South Bend, Indiana, and said hearing has been held in accordance with said notice; NOW, THEREFORE, BE IT ORDAINED BY THE CONMN COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section 1. The proposed lease with Clay Utilities, Inc., as Lessor, provides for a fair and reasonable rental and further that the execution of said lease is necessary and wise. Section 2. The current rates and charges of Clay Utilities, Inc., as approved by the Public Service Cammission of Indiana, and as printed in the Notice of the Hearing for Clay Utilities, Inc., are now found to be nondiscriminatory, reasonable and just and are hereby approved and adopted for the use of the City of South Bend as Lessee under the terms of said lease. Section 3. The Clerk of the City of South Bend, Indiana is authorized and directed to attest said lease and to initial and date a copy of the lease and to place the same together with the current rates and charges of Clay Utilities, Inc., in the minute book immediately following the minutes of the meeting at which this Ordinance is passed, and said lease together with the current rates and charges of Clay Utilities, Inc., are part of this Ordinance as fully as if the same were set forth herein. Section 4. The President of the Common Council is hereby authorized and directed to execute the aforesaid lease on behalf of the Common Council of the City of South Bend, Indiana. Section 5. The President of the Common Council is authorized to -1 1 ---- =�, norf i f i nat i nnc - [in(`nmtmnt'G And instruments. In