HomeMy WebLinkAboutApproving the Leasing of Sewage Disposal Facilities of Clay Uilities incORDINANCE No. 7390 -84
Passed by the Common Council of the City of South Bend, Indiana
ON
October 8, —19-84
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
October 9, 19 84
Clerk
of Common Council
City Clerk
IRENE K. GAMMON
Approved and signed by me Cl 5 1q &:2Y
Y
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BILL NO.
ORDINANCE NO. 'r% 3 Q cg
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING THE
LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC.
AND APPROVING THE CURRENT RATES AND CHARGES
OF CLAY UTILITIES, INC.
STATEMENT OF PURPOSE AND INTENT:
Negotiations have been conducted for the leasing of the sewage
disposal £ac i 1 i ties currently awned and operated by CLAY UTILITIES, INC . ,
in 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 I.C. 36 -9 -24.
CLAY UTILITIES, INC. , is a public utility holding a certificate of
territorial authority for the operation of a sewage disposal facility and
as such is authorized by the above mentioned statutes to lease said portion
of its sewage disposal facilities to the CITY OF SOUTH BEND, INDIANA, and
has assisted in the drafting and preparation of a proposed lease for said
sewage disposal facilities; and
A notice of a hearing on the proposed lease and the approval of the
current rates and charges was given by publication 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 CONMN COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, THAT:
Section 1. The proposed lease with Clay Utilities, Inc., as Lessor,
provides for a fair and reasonable rental and further that the execution of
said lease is necessary and wise.
Section 2. The current rates and charges of Clay Utilities, Inc., as
approved by the Public Service Cammission of Indiana, and as printed in the
Notice of the Hearing for Clay Utilities, Inc., are now found to be
nondiscriminatory, reasonable and just and are hereby approved and adopted
for the use of the City of South Bend as Lessee under the terms of said
lease.
Section 3. 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 together with the current rates and charges of
Clay Utilities, Inc., in the minute book immediately following the minutes
of the meeting at which this Ordinance is passed, and said lease together
with the current rates and charges of Clay Utilities, Inc., are part of
this Ordinance as fully as if the same were set forth herein.
Section 4. The President of the Common Council is hereby authorized
and directed to execute the aforesaid lease on behalf of the Common Council
of the City of South Bend, Indiana.
Section 5. The President of the Common Council is authorized to
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