HomeMy WebLinkAboutApproving a second amendment to a contract between the South Bend City Water Works and Sewage Disposal Plant and Clay Utilities Inc. RESOLUTION
N0. 132-66
Passed by the Common Council of the City of South Bend, Indiana,
June 13, 19 _.
Attest: City Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
June 14, 19 66
City Clerk
Approved and signed by me d 19 (0 la
Mayor
FRED IN CLERK'S OFFICE
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iuN
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, ING,
RESOLUTION NO. 132-66
A RESOLUTION APPROVING A SECOND AMENDMENT
TO A CONTRACT BETWEEN THE SOUTH BEND CITY
WATER WORI:S 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
i
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 Townships St. Joseph County,, Indiana as
amended is hereby approved and confirmed; said amendment being
attached hereto as an exhibit and made a part of this Resolution,
� , U� , , a
ember of the Common Council
Itt 2nd REA@Ig6 4�-
OOWMTTEE OF THE WHOLE
PUBLIC HEARING & -/3 'aC
3rd READING 6 -,1,3-66
NOT A"OVEU
REFERREO
PASSED .,b 0 {�L
FILED IN
MRS Of Ril
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JUN 15,; ,
SECOND AMENDMENT TO AGREEMENT
KATHRYN L. QLOUGH
CITY CLERK, SOUTH BEND, IN
THIS SECOND AMENDMENT TO AGREEMENT made and entered into this
23rd day of May, 1966, by and between CLAY UTILITIES, INC.,
hereinafter referred to as the "PARTY OF THE FIRST PARV, 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 Thereto 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 Fart 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 reference; 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
ViEREAS, Second Party has duly amended its published rates for
sewage charges by ordinance adopted on the ;�,I-fX day of April, 1966,
all in accordance with Part Two of the aforesaid March 22nd, 1965
agreement; and
WHEREAS, said new published rates in some respects will cover
services from which only the citizens of the City of South Bend can
benefit, thus requiring an equitable adjustment as relates to charges
to Party of the Second Part in its service area;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein and in order to equitably adjust the
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COMPUTATION RE SECOND 5/23/66
AMENDMENT TO AGREEMENT
4
t CALCULATION OF SEWAGE RATE
f Not applicable to Clay Utilities, Inc.
Avg. Operating Revenues
for 1963,1964 & 1965 $832,300
Income required to offset
increased operating cost.
1 . Chlorination of effluent 90,000
2. Funding of Improvement Account 145,000
3. Office & Meter Expense 50,000
4. Sewer Maint. & Repair 225,000 1'
5. Payment to City General Fund
in lieu of Taxes 67,200 2.
Required Future Operating Revenues $1,409,500
Operating Expenses not applicable to Clay Utilities, Inc.
1 . Sewer Maint. & Repair. Since Clay will be building,
maintaining and repairing their sewer system which will be
connected directly to the plant and they will use no part of
the city system this cost is not applicable.
2. Payment in Lieu of Taxes. Clay will pay a 20% surcharge
due to being outside of corporate limits. This surcharge is
based on the Corporation not paying city taxes.
Calculation of Clay reduction:
225,000 + 67,200 x100 20.73%
1, 09,500
New Rate = 100% + 20% - 20.73% = 99.27%
New Rate adjusted to 100%
recent established sewage rates as aforesaid, the parties now
agree to amend the aforesaid March 22nd, 1966, agreement, as
amended, by establishing a credit against charges made by Partyof
the Second Part for sewage treated for Party of the First Part in
an amount equal to twenty per cent (20%) thereof.
It is understood and agreed that this amendment is in all re-
spects subject to the approval of the Common Council of the City
of South Bend by duly adopted resolution.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement the day and year first above written.
CLAY UTILITIES, INC.
By
T ST: Homer d:`Fit er ing, resi ent
lnfaxine 0. Fitterling, Secret y
ATTEST: CI TYl OU H , I
By
Kathry L. Blough, ty Clerk
oy its Mayor
i�TATER D SEWAGE BOARDS
A T E-S B Q
RIchard J. Duc , Clerk
App ved as t for and legality
R. om CityAttorney
Approved by Common Council of the City of South Bend on
the ;a, day of 1966.
ATTEST:
athry L. Blough, C' y Clerk Jo L,.. Hunter, Jr.,
P e, ident, Common Council