HomeMy WebLinkAboutApproving a contract between the South Bend City Water Works and the Sewage Disposal Plant of the City of South Bend and Robert L. Miller RESOLUTION
N0. 96--65
Passed by the Common Council of the City of South Bend, Indiana—
May 10, 1965
Attest: City Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
May 11, 19 65
City Clerk
Approved and signed by me M 19 6
Mayor
RESOLUTION NO. 96-65
A RESOLUTION APPROVING A CONTRACT BE-
TWEEN THE SOUTH BEND CITY WATER WORKS
AND THE SEWAGE DISPOSAL PLANT OF THE
CITY OF SOUTH BEND AND ROBERT L. MILLER,
AGENT FOR AN UNDISCLOSED PRINCIPAL, FOR
FURNISHING OF WATER AND SEWAGE TREATMENT
TO CLAY TOWNSHIP, 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 furnish water
and sewage services to such an area in Clay Township as the cor-
poration to be organized by the undisclosed principal may be author-
ized to serve.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, That the Contract entered into between the South
Bend City Water Works and the Sewage Disposal Plant of the City of
South Bend and Robert L. Miller, Agent for an undisclosed principal,
on the 22nd day of March, 1965 for furnishing of water and sewage
treatment to Clay Township, St. Joseph County, Indiana, is hereby
approved and confirmed.
Member of the Comm* Council
I
FILED IN CLERK'S OFFICE
APR 2 0 X90-5
'KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
,t►�9Rl��11'I'
THIS AOREEMEUT, made and entered WO this _, day
of p 1965, by and betwer WUIT L. 14ILLU as agent
for an undisclosed principal# hereinafter referred to as the
"Party of the First Part" avid the CITY OF SClU71M UNE6 herein-
after referred to a$ the "Party of the Second Part"t
viTNESSET'H:
.HEPEAS, the 'Party of the First Part proposes to organise
a Corporation under the laws of the State of Indiana 4 th its
principal office in St . Joseph County, Indiana, to engage in
providing water and sewer services in said County in the
told State, and
pHzBENS, the Party of the Second Part owns and operate,
water works utility and a se wage treatment facility in the
Citv of South Bend and in St . Joseph County, Indiana, and
WHc.Rs..AS, the parties hereto desire to enter into an
Agreement whereby the Party of the Second Fart sells its
services to the Party of the First Part, provided the Party
of the First Part seeurts authorisation to serve certain
*rem$ in Clay To4nahip outside the City limits of Second
Party, from the Public Service Commission of the State of
Indiana,
N014, THEREFORE, in consideration of the mutual covenants
and agreements contained herein# the parties to this
Agreement agree as follows :
PART CNE - ',LATER SERVICE
1 . Service Area
-Terri-tory subject to the •WWWWW"Pwts rtlo
eontaiaed heron art restricted to thWN es
of 66W Totensh p wtside corpato limits of
Se Party (hereinafter ftfttwd to as Contract
Area ) .
2. Tarim of Contract
This contract shell bO in force and effect
for an indeterainats mods but in no event
beyond ninty-nine (99) 3*trs•
3. Service
Party of the Second tart agrees to deliver
to the Tarty of the First tort water service
Initially from the following described location:
!►roe+ an existing 12" water main
of the Party of the Second Ptrt
et the intersection of the
Indiana Toll Road right-of-wee
and Riverside Drive.
rrty of the First rart agrees to take
ae l #very of water service from thr above d?scribec`
location and at its own cost extend seervice
41 thin they contract area.
tend Charges
I" consideration for providing of such
services by Second Party to First Fart l,
Party agrees to pay each Month or quarter
(as detgrmined by Second Party) the charges for
such services measured at each point of service
now r hormaf ter establ i shed fir delivery Of water
to id First Party and covered by this agree--rent,
at the applicable published rates of Second Party
an the basis of First Party being a single eastwcr
an t as though there was only a si ngie meter
( irresractive o;° the actual ntL-SPr of meters used) .
The rates and charges set forth above are
subject to revision prior to the expiration of
this contract at any tim6 that all of the retcs
and charges for water service of the Second Party are
rpv1sed after v T,tl ltc heerin�,, held by the Public
:>ervice �O misslon of Indiana, provided however,
b}act) &per es shall not incre se more than the
percentaoe of incrZasee authorised 1y the Public
. vice C0,1,missi, f Inelenr for retell custorers
of Second Party.
2
To UM ft"Goiag rates Mod i '!N► 1l be added
an aawunt OgUO to 20 per c�srt tbsrte� rs • ssirchad
for serviess MMItcD lO U artats "olds t%* Second
party corp�ra
PART Two WWU SZM CS
1 . "rvice Arse
Torrltory sab„"t to the agrtsoeIts contained
herein are restricted to tkoM portions of Clay
Township outs i ds Corporate limits of Staond Party
(hereinafter referred to as Contract Arta) .
. Term of Contract
This contract shall be in foams and affect for
nn indeteminate period, but in no event beyond
ninty-nine (99) years.
3, Service
The Party of thu Second Part agrees to accept
or treatment in its seNbge Syste'4 sewage collected
by the Party of the $Irst Part within the Contract
Area at the following described locations
.'+t a manhole to be located on an existing
inch a®veer main of the �tYndiana South
Toll
n at the intersection of t.
"toad right-of-way and Riverside give.
First Warty agrees to collect ss'wage within
the Contract Area at its own cost and to deliver said
sewage to the above described location.
The Party of the Second Part agrees to furnish
and maintain at the point of delivery herein above
referred to, volumstric measuring devices acceptable
to the First Party, for the purpoas of measuring,
or verifying measusements from ti0heto tIMOP Part.
l
se•+age delivered to the
Party of t l:.
such -ieters and devices +ill be subjeet to inspect-
i
n froti time to time try representatives of the Party
o
of the F'ir;at Part.
RATE S, S:-:WI CES, AND QtARG"S
For the Sswsge treatment service hereinabove
descrlhad„ the Party of the First Part agrees to
pay to the Party of the Second Part for the following
measur.:nerts of servi cR t
Total cubic feet of $*•rage flow per month
Pis measured by volumetric measuring device$#
read monthly or quarterly by the Party of tho
Second Part.
For the above described and measured $swags
service in the contract area, the Party of the
First Part covenants and agrees to ay each
month or quarter (as determined by
eeond Party)
its charge for such servics measured at
cable
aforesaid point of service at thoa `l basis of
published rates of Second Party on
First Party being a single customer.
The rates and charges set forth above are
subject to revisions prior to the expiration
of this contract at any time that all of the rates
and charges for sewage service of the City are
Counci1
revised after a public hearing however, such
of the City of South Bendo p
charges shall not increase more than the percentage of
City increas
authorized for customersi of
of Second
City
Party.
To the foregoing rates and cent charges hal l a a
be
added an amount equal to 20cable to areas outside
surcharge for services app i
the Second Party' s corporate IInIts.
PART THREE - aENERAL PROVISIONS
Notwithstanding anything Herein contained to the contrary,
the Parties hereto covenant and agree :
1 . That the rendition of said services shall at
all times be subject to the Rules and Regulations
of the Party of the Second Part, the jurisdiction
of the Public Service Commission of Indiana, and
in certain respects, to the ,jurisdiction of the
Indiana State Board of Health and the Indiana
and Pollution Board. Accordingly, Y of
Second Part shall not be liable in any respect for
1 its possible inability to render treatment and/or
furnish water to the entire "Service Area* of the
When said inability becomes app Y
Second Part reserves to the sole discretion of its
respective Water and Sewage Boards the determination
as to whether Party of the Second Part desires,
4
l
and is able, to expand its facilities at Its own
expense, to meet the possible fstsre ids of
Party of the first Part, or is Iles there?of# to
negotiate with the latter for saws fern of expense
sharing, or to notify Party of Uw first Part of
said iaability and extend aw (1) y�e or for
the latter to construct its ovn fol littes.
2. That Party of the First Part proposes to
obtain its basic frenchiss undsr the authority
of the ActSof the 1963 Indiana Legislature as
sot forth in Chapter 190 thereof, (Burns Indiana
Statutes ( 1951 Replacesiont) 55-4601-4615). and
to conduct its operations in accordance therewith.
Should the respective Water and Sewage Boards of
Party of the Second Part, determine by appropriate
resolutions that it would be in the best interest
of Second Party to condemn the plant and equipment
of First Party (Burns 55-4611), and such con-
dounation occurs, then and in that event both Parties
covenant that in the valuation duly assessed "no
account shall be taken of good will for presumptie+s
values growing out of the operation of" the utility
operated by Party of the First Part as a going
concern, all such values to rest with the" State
of Indiana "by reason of the special and exclusive
grants given such utility enterprises." Irrespective
of elements used in determining value they "shall
not include good will, going valet, or natural
resources." ( *ordina in quotas from Burns 54-203) .
PART FOUR - EXECUTION, AND AIPRCNAL
It is understood and agreed that this contract is in all
respects subject to the approval of the Co=on Council of the
City of South Bond by duly adopted Ordinance",and this contract
Is further subject to the grant of a Certificate of CoUveAIOACe
5
and Necessity by the Public Service of the State of
Indiana .
IN WITNESS 4MREOF, the parties hereto have executed this
Agreement the day and year first above written*
r Is r, gont for
undisclosed principal, Party
of the First Part.
GITY OF SOUTH BEND, INDIANA
By
Lloyd en, a ayor
,ATER AND SE4AGE BOARDS
ATTEST : By
char" J . Clerk
Approved as to form
and legality
:ku-Com , Ci ty Attorney
Approved by Common Council of the City of South Bend on
X96[ •
r ,
1
s
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT made and entered into this
day of , 1965, 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 hemtofore, 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 reference; and
WHEREAS, the parties are now desirous of amending the service
area pertaining to said agreement by adding thereto certain portions
of Penn and Harris 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 entitled "Service Area" appearing under
11PART ONE - WATER SERVICE" and "PART TWO - SEWER SERVICE" by
adding thereto the following : "The unincorporated areas located
in Sections 2, 3, 34, and 35 in Penn Township; and Sections 22,
23, 26, and 27 of Harris Township" .
It is understood and agreed that this amendment is in all
respects 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
-AA
-2-
Amendment to Agreement the day and year first above written.
CLAY UTILITIES, INC.
gy 1 tiL t_
omer er ng, res t
ATTEST:
Maxine 0. Fitterling., ecre ry
CI S ANA
ATTEST:
o e s syor
Kat-hr3W L. Blougn, UlerK
WATER_ D SEWAGE BOARDS
By � Qi
ATTEST:
Approved as to form
and legali
u om , _ y o rn ey
Approved by Common Council of the City of South Bend on
the 12th day of July _� 1965•
.f`�" �/tL
o un er, r.
�esident, Common Council
I P 2nd RE IN6
.ITT Of THE Wj
08L HEARING FILED IN CLERK'S OFFICE
:i EA INS
N AFP VED �iUN 3 01FFT
EFERREV
'ASM KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
c10 #lie Tummon (founril of t4r Tug of#vxU4 19mb: May 10, 1965
Your Committee on Capital Improvements
to whom was referred "A RESOLUTION APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER
WORKS AND THE SEWAGE DISPOSAL PLANT OF THE CITY OF SOUTH BEND AND ROBERT L. MILLER, ,
AGENT FOR AN UNDISCLOSED PRINCIPAL, FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA".
Respectfully report that they have examined the matter and that in their opinion the Resolution be reported to the
Council as favorable.
Chairman