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HomeMy WebLinkAboutApproving a third amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities, Inc. RESOLUTION NO. 153-67 Passed by the Common Council of the City of South Bend, Indiana, March 13, 19 67 Attest: City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana March 14, 1967 City Clerk Approved and signed by me ! 19 Mayor FILED IN CLERIC'S OFFICE : f1�AR 6 1967 KATHRYN L. SLOUGH CITY CLERK, SOUTH BEND, IND, RESOLUTION NO. 153-67 A RESOLUTION APPROVING A THIRD 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 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 three times amended, is hereby approved and confirmed; said third amendment being attached hereto as an exhibit and made a part of this Resolution. / A4'tt"-Q' ember of the Common ouncil lat&2nd READIpiG ��-,,��7 OOMMITTEE OF THE WHOLE PUBLIC HEARING 3- 3rd READING 140T APPROVED REFERRED PASSED { THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT made and entered into this day of February, 1967 , by and between CLAY UTILITIES , INC. , hereinafter referred to as the "PARTY OF THE FIRST PART" , 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 hereto 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 Part 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 re- ference; 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 WHEREAS , the parties hereto have heretofore, to wit , on the 23rd day of May, 1966, entered into a second amendment to the aforesaid agreement , which said second amendment is now incorporated herein and made a part hereof by reference; and 2 WHEREAS , the parties are now desirous of amending the service area pertaining to said agreement by adding thereto an additional portion of Penn , plus a portion of Centre and German Townships , St. Joseph County, Indiana; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties now agree to amend numerical paragraphs 1 and 3, appearing under "PART 1 - WATER SERVICE" , and "PART 2 - SEWER SERVICE" and numerical paragraph 4 under the latter , by adding to numerical paragraphs 1 , Tracts A and B, as described in Ex- hibit 1 attached hereto and made a part hereof; by adding to numerical paragraphs3 the following: "To serve Tracts A and B, such additional locations as are reasonably required shall be made avail- able on a like basis , but Second Party' s obligation for available capa- city of the "Crest Manor" mains shall not exceed 1 ,000 residences; and by adding to numerical paragraph 4 under "PART TWO - Z,,LTES. . . ." the following: "Rates for Tract B shall not be entitled to the credit established by the second amendment to agreement dated May 23, 1966" . The workmanship and materials for the water mains and appurtenances of the trunk distribution system to be installed by Clay Utilities in Tracts A and B shall be equal to the standards of the Indiana State Board of Health and the South Bend Water Works which are current at the time of installation. It is understood and agreed that this amendment is in all respects subject to the approval of the Common Council of thb City 3 - of South Bend by duly adopted resolution. IN WITNESS WHEREOF , the parties hereto have executed this Third Amendment to Agreement the day and year first above written. CLWomerIW.LITIES, INC. By �-t� C� Fitterling , President ATTEST: ✓Maxine O. Fitterling , Secretar.. CITY ,S` THN I i By;=` ATTEST: L t5yd Al en, is Mayor Kathry . Blough, Cit3alerk WATER AND SEWAGE BOARDS By ATT ES ichar d J . Duck le r ` Approved as ,-to form d legality R. J. DuComb, City Attorney Approved by Common Council of the City of South Bend on the day of 1967. ATTEST: K thry L. B1 ugh, Ci* Clerk John L. Hunter , Jr. , 'President , Common Council EXHIBIT 1 TRACT A All that portion of German Township, St. Joseph County, Indiana, lying North of the Northern Indiana Toll Road, except Sections 7 through 13, Township 38 North, Range 2 East , inclusive, and excepting the Southeast corner of Section 22 and the Southwest corner of Section 23 of said Township and Range bounded by a line described as follows: Commencing on the South line of said Section 22 200 feet West of the center line of Lilac Road; thence Northerly and parallel with said center line to a point 200 feet North of the center line of Darden Road extended West; thence East 200 feet North and parallel with the center line of Darden Road and Darden Road extended West to the St. Joseph River . TRACT B A portion of Penn Township, St. Joseph County, Indiana, con- sisting of the East one-half of Sections 29 and 32, Township 37 North, Range 30 East , and also Section 5, Township 36 North, Range 3 East , excepting a strip of land 200 feet in width North and South taken off and from the Northerly edge of the West one- half of said Section 5. All that portion of Centre Township, St. Joseph County, Indiana, lying North of Roosevelt Road and South of the Southerly and Southwesterly leg of the U S 31 and 20 bypass; excepting therefrom the following land: The Southeast quarter of Section 25 and the East one- half of Section 36, both in Township 37 North, Range 2 East; Sections 30 and 31 , Township 37 North, Range 3 East ; and also excepting a strip of land 200 feet in width North and South taken off and from the Northerly edge of the East one-half of Section 1 , Township 36 North, Range 2 East , and the entire Northerly edge of Section 6, Township 36 North, Range 3 East .