04-12-71 Council Meeting Minutes

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REGULAR MEETING APRIL 12, 1971 RESOLUTIONS RESOLUTION NO. 271 -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. 54 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 to exhibit and made a part of this Resolution. /s/ Janet S. Allen Member of the Common Council A public hearing on the Resolution was held at this time. City Engineer Lloyd Taylor stated that this resolution which amends a contract between the city and Clay Utilities,- Inc., provides water and sewer services to areas outside the city. This amendment eliminates the Gilmer Park area of Centre Township as a franchised area in which Clay Utilities planned to provide sewage service. He said a large trunk sewer system is being installed in the Gilmer Park area by the City which had annexed the area. The annexation is involved in a court remonstrance suit. He said before the year is out the city will have rate charges in effect for water and sewer surcharge for anyone living outside of city limits receiving services. Councilman Laven said. the Council now has an ordinance in committee considering the amount of surcharge that residents should pay. He said Clay Utilities has only certain designated areas in which these services are provided by their company. Councilman Allen made a motion, seconded by Councilman Palmer, for the adoption of the amendment to the agreement. Motion carried. 9 ayes, 0 nays, 0 absent. Councilman Reinke made a motion, seconded by Councilman Palmer, for the adoption of the Resolution, as amended. Motion carried by a roll call vote of 9 ayes (Councilman Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. UNFINISHED BUSINESS Councilman Laven directed the City Clerk to send a thank you letter to each minister who has offered the invocation at the Council Meetings expressing the appreciation of the Council. Councilman Allen made a motion that the Molil.e Home Ordinance be redrafted, incorporating the amendments and corrections, and the substitute ordinance be set for public hearing on April 27, 1971.. Councilman Reinke seconded the motion. Motion carried. 9 ayes, 0 nays, 0 absent. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Allen so moved. Motion carried. Time: 9 :30 p. m. ATTEST: CLERK APPROVED: PRESIDENT