HomeMy WebLinkAboutApproving the Contract between City of South Bend and Univesity of Notre Dame Du Luc Furnishing Sewage Treatment ServiceORDINANCE No. 3997
Passed by the Common Council of the City of South Bend,
JULY 26TH. �9k4—
V
Clerk
of Common Council
Presented by me to the Mayor of the City of South Bend,
JULY 27TH, 19.i4--
h.
Approved and signed by me JULY 27TH 193534—
Clerk
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ORDINANCE NO.
AN ORDINANCE APPROVING THE CONTRACT BETWEEN
THE CITY OF SOUTH BEND, INDIANA, AND THE
UNIVERSITY OF NOTRE DAME DU LAC, AN INDIANA
CORPORATION, NOTRE DAME, INXANA, FOR
FURNISHING SEWAGE TREATMENT SERVICE.
BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana:
SECTION 1, That the contract entered into on the 26th day of
July, 1954, between the City of South Bend, Indiana, and the
University of Notre Dame du Lac, an Indiana corporation, Notre
Dame, Indiana, for furnishing sewage treatment service is
hereby approved and confirmed as provided for in Chapter 61
of the Acts of the Indiana General Assembly for the year 1932
(Special Session),
SECTION 2. This Ordinance shall be in full force and effect from
and after its adoption and approval by the Mayor.
Membe of th Common Council
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REFUMED
PASSED E�a 7 a.
CONTRACT FOR FURNIISHING SEWAGE
TREAT14ENT SERVICE
This agreement made and entered into this
o2ZAe— day of July, 1954, by and between the
City of South Bend, Indiana, a municipal corpora-
tion, hereinafter called the "City" and the University
of Notre Dame du Lac, an.Indiana corporation,.
Notre Dame, Indiana, hereinafter called the "University,"
WITNESSETH:
WHEREAS, the City is now in the process of con-
strutting a modern sewage treatment plant and it is
anticipated that said plant will be sufficiently
completed to enable the City to treat its sewage, in
a manner acceptable to the Indiana State Board of
Health and the Indiana Stream Pollution. Control Board,
by the latter part of 1955 or the early part of 1956,
and
IdHEREAS, the University has been ordered by the
Ir•diana State Board of Health and the Indiana Stream
Pollution Control Board to cease and desist from
polluting the waters of the St. Joseph River, in viola-
tion of the provisions of the Acts of the General
Assembly of Indiana, 1943, as amended, and
WHEREAS, the City is willing to furnish sewage
treatment service to the University to the extent of
the ability of the plant now being constructed, and as
hereafter constructed and -maintained,
NO "t,1, THEREFORE, in consideration of the mutual
covenants and agreements of the parties hereto, herein-
after contained, the parties do hereby covenant and
agree with each other as follows:
1. The City herewith grants permission to the
University to construct a sewer connecting the
University's sanitary sewers, with the City's main
intercepting sewer, at a point in the vicinity of
North Shore Drive and Angella Boulevard in the City
of South Bend, said connection to be made in a manner
acceptable to the City Engineer of said City and
without any expense to the City. Said connection to
be accomplished and the University's sewage to be
drained into the City's sewer system at the convenience
of the University.
2. When the City sewage plant begins its
operation of sewage treatment, the University agrees
to pay for said sewage treatment service at a rate
heretofore established by Ordinance of the City of
South Bend dated February 24, 1954, for such of the
University's sewage as may enter the City's interceptor
sewage system. Any change in rates applicable to
users in the City shall also apply to the University.
3. This contract shall continue in force for
a period of ten years and in the absence of either
party serving the other with written notice, eighteen
months prior to the termination of the first ten -
year period, of intention to discontinue availing
themselves of, or of furnishing the services herein
provided, this contract shall automatically be re-
newed for succeeding ten -year periods in the absence
of such written notice given by either party eighteen
months prior to the expiration of any ten -year period.
IN WITNESS NlHEREOF, the parties hereto have
caused this instrument to be executed the day and
year first above written.
City of South Bend, Indiana,
by and through its Board of
Public Works and Safety.
° Board Member
d GS//
Board d M ember
University of Notre Dame du Lac
By:
Attest:
anion Council of the City of
South Bend, Indiana, this day of July, 1954.
, , I I e4 -z /�
President of Council
Ast:
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City Clerk