Approving the Leasing of Waterworks Facilities of Clay Utilities Inc

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ORDINANCE NO. 6243 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. STATEMENT OF PURPOSE AND INTENT: Negotiations have been conducted for the leasing of the water- works facilities currently owned and operated by CLAY UTILITIES, INC., in that part of 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 Public Law 211 of the Acts of the Indiana General Assembly for the year 1975; CLAY UTILITIES, INC., is a public utility holding an indeterminate permit for the operation of a waterworks facility and as such is authorized by the above mentioned act to lease said portion of its waterworks facilities to the CITY OF SOUTH BEND, INDIANA, and has assisted in the drafting and preparation of a proposed lease for said waterworks facilities; and A notice of a hearing on the proposed lease was given by publica- tion 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 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section 1. The proposed lease with Clay Utilities, Inc., and Clay Development Corp., as Lessor, provides for a fair and reasonable rental and further that the execution of said lease is necessary and wise. Section 2. 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 in the minute book immediately following the minutes of the meeting at which this Ordinance is passed, and said lease is a part of this Ordinance as fully as if the same were set forth herein. Section 3. The President of the Common Council be, and he is hereby authorized and directed to execute the aforesaid lease on behalf of the Common Council of the City of South Bend, Indiana. Section 4. The President of the Common Council is authorized to execute all necessary certifications, documents and instruments, in connection with the Lease between Clay Utilities, Inc., and Clay Development Corp., as Lessor, and the City of South Bend, Indiana, as Lessee, dated as of the date hereof. Section 5. This ordinance shall be in full force and effect from and after its passage, due attestation and approval of the Mayor. Passed, as amended, October 24, 1977