HomeMy WebLinkAboutApproving the Leasing of Waterworks Facilities of Clay Utilities IncORDINANCE No 6243 -77
Passed by the Common Council of the City of South Bend, Indiana
October 24,: M77
IRENE K. GAMMON
r
Presented by me to the Mayor of the City of South Bend, Indiana
October 25
City Clerk
of Common Council
19 77
City Clerk
IRENE K. GAMMON
Approved and signed by me 0 - 1 ' " into 191-1-
ORDINANCE NO. 6243 -77
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING THE
LEASING OF WATERWORKS FACILITIES OF CLAY
UTILITIES, INC.
STATEMENT OF PURPOSE AND INTENT:
Negotiations have been conducted for the leasing of the water-
works facilities currently owned and operated by CLAY UTILITIES, INC.,
in that part of 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
Public Law 211 of the Acts of the Indiana General Assembly for the
year 1975;
CLAY UTILITIES, INC., is a public utility holding an indeterminate
permit for the operation of a waterworks facility and as such is
authorized by the above mentioned act to lease said portion of its
waterworks facilities to the CITY OF SOUTH BEND, INDIANA, and has
assisted in the drafting and preparation of a proposed lease for
said waterworks facilities; and
A notice of a hearing on the proposed lease was given by publica-
tion 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 COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, THAT:
Section 1. The proposed lease with Clay Utilities, Inc., and
Clay Development Corp., as Lessor, provides for a fair and reasonable
rental and further that the execution of said lease is necessary and
wise.
Section 2. 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 in the minute book
immediately following the minutes of the meeting at which this
Ordinance is passed, and said lease is a part of this Ordinance as
fully as if the same were set forth herein.
Section 3. The President of the Common Council be, and he is
hereby authorized and directed to execute the aforesaid lease on
behalf of the Common Council of the City of South Bend, Indiana.
Section 4. The President of the Common Council is authorized
to execute all necessary certifications, documents and instruments,
in connection with the Lease between Clay Utilities, Inc., and Clay
Development Corp., as Lessor, and the City of South Bend, Indiana,
as Lessee, dated as of the date hereof.
Section 5. This ordinance shall be in full force and effect
from and after its passage, due attestation and approval of the Mayor.
Passed, as amended, October 24, 1977