Common Council to Hold a Public Hearing on the Lease Purchase of Clay Utilities' Waterworks Facilities and Sewage Disposal Faciilities

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RESOLUTION NO. apt_g`Y RESOLUTION OF THE COWAN COUNCIL OF THE CITY OF SOUTH BEND TO fiOLD A PUBLIC HEARING ON THE LEASE PURCHASE OF CLAY UTILITIES' WATERWORKS FACILITIES AND SEWAGE DISPOSAL FACILITIES WHEREAS, negotiations have been conducted over an extended period of time between the Mayor and other members and employees of the Executive Department of the City of South Bend and Clay Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease for sewage disposal facilities from CLAY UTILITIES, INC., to the City of South Bend; and WHEREAS, the implementation of the Leases proposals contemplate the use of the current rates and charges used by Clay Utilities, Inc., as approved by the Public Service Cannission of Indiana and which require the approval of the City of South Bend; BE IT RESOLVED, that the terms and conditions of the proposed form of leases are approved and agreed to solely as the basis for a hearing, as required by law, and that such hearing should be held before this Cannon Council upon the necessity for the execution of such leases and whether the rentals provided for therein are fair and reasonable rentals for the waterworks facilities, prior to the final determination of such question, so that this Cammon Council may determine whether to execute such leases as now written , or as modified, said hearing to be had at the regular meeting of this Council to be held the 8 day of October , 1984 at the hour of 7:00 o'clock P.M. (E.S.T. ). BE IT RESOLVED, that said hearing shall additionally include the determination as to whether said rates and charges are nondiscriminatory, reasonable and just. BE IT FURTHER RESOLVED, that the City Clerk cause a notice to be prepared in due legal form of the aforesaid hearing and published forthwith which notices are in the form attached hereto and made a part hereof; that a copy of the proposed leases, rates and charges be placed on public file in the office of the City Clerk starting tomorrow and remain available to the public until the tine of the hearing. Approved by the Cannon Council of the City of South Bend on the 10th day of September , 1984. BY / _ I4, ___ :/ PRESENTED 9-/D -P ( RDI APPROVED ADOPTED 9-/O -/