HomeMy WebLinkAboutApproving the Leasing of Sewage Disposal Facilities of Clay Utilities IncORDINANCE No 6244 -77
Passed by the Common Council of the City of South Bend, Indiana..
October 24 19 77
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Ind'ana
October 25 ,^77
City Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by me - G
Clerk
ORDINANCE NO. (ao2tf —� 7
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING THE
LEASING OF SEWAGE DISPOSAL FACILITIES OF
CLAY UTILITIES, INC.
STATEMENT OF PURPOSE AND INTENT:
Negotiations have been conducted for the leasing of the sewage
disposal 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 sewage disposal company holding a
certificate of territorial authority for the operation of a sewage
disposal facility and as such is authorized by the above mentioned
act 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.
A notice of a hearing on the proposed lease 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 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 imme-
diately 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.
5. READING
PUBLIC HEAMNG FILED IN (} f� -.o -�� Irv- �S/-7� GLERK'S OFFICE
2nd READING i o - "o- 77 79 ® I signed only to provide an
NOT APPROVED opportunit,, for public discussion
REFERRED and Council action on the issue» E-P 71977
PASSED 6 —
Irene Gammon
AU GLERk W TH BEND, 1lYD,