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REGULAR MEETING. SEPTEMBER 12, 1977
<br />REGULAR MEETING RECONVENED (CONTINUED)
<br />thence, due North along a line 20 feet West of and parallel to the North -South centerline of
<br />Section 14 to a point of intersection of the East -West centerline of said Section 14;
<br />thence, due East 20 feet to the point of beginning containing approximately 37.60 acres, except-
<br />ing therefrom a tract of land off of and from the entire Northern part thereof for the
<br />purpose of widening Auten Road.
<br />TRACT B:
<br />Land in St. Joseph County described as follows:
<br />"That portion of Clay Township lying North of the Indiana East -West Toll
<br />Road, West of Hickory Road extended and EAst of the center line of the
<br />New York Central right -of -way, plus that portion of the Town of Roseland
<br />lying South of said Toll Road."
<br />A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth, indicated that
<br />this resolution basically approves the four previous amendments to the initial contract, but
<br />also approves the fifth amendment. He said that if the lease - purchase agreement referred to in
<br />paragraph 1 is executed, the City of South Bend shall proceed forthwith to acquire from Clay
<br />Development Corp., as assignee of Clay Utilities, Inc., the wells and land heretofore purchased
<br />by Clay from Aqua, Inc. He said approval of this resolution will provide for the purchase of
<br />Aqua and provide for the expansion of the franchise. He said a corporate release has been
<br />has been filed with the Clerk's Office today. Council Member Adams asked if there was any
<br />need for the Council.to vote of this tonight. The Mayor indicated there was no need. Council
<br />Member Dombrowski made a motion to adopt the resolution, seconded by Council Member Taylor. The
<br />resolution was adopted by a roll call vote of five ayes (Council Members Serge, Szymkowiak,
<br />Miller, Taylor and Dombrowski) and four nays (Council Members Kopczynski, Adams,Horvath and
<br />Parent) .
<br />RESOLUTION NO. 581 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
<br />BEND ORDERING HEARING ON PROPOSED FORM OF LEASE OF SEWAGE
<br />DISPOSAL FACILITIES.
<br />WHEREAS, negotiations have been conducted over an extended period of time between the Mayor
<br />and other members and employees of the Executive Department of the City of South Bend and Clay
<br />Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease
<br />for sewage disposal facilities from CLAY UTILITIES, INC., AND CLAY DEVELOPMENT CORP. to the City
<br />of South Bend;
<br />BE IT RESOLVED, that the terms and conditions of the proposed form of lease are approved
<br />and agreed to as the basis for a hearing, as required by law, and that such hearing should be
<br />held before this Common Council upon the necessity for the execution of such lease and whether
<br />the lease rental provided for therein is a fair and reasonable rental for the sewage disposal
<br />facilities, prior to the final determination of such questions, so that this Common Council may
<br />determine whether to execute such lease as now written, or as modified, said hearing to be had
<br />at the regular meeting of this Council to be held on the 10th day of October 1977 at the hour
<br />of 7 o"cicock P.M. (E.S.T.).
<br />BE IT FURTHER RESOLVED, that the City Clerk cause a notice to be prepared in due legal
<br />form of the aforesaid hearing and published forthwith; that a copy of the proposed lease be
<br />placed on public file in the office of the City Clerk starting tomorrow and remain available
<br />to the public until the time of the hearing.
<br />Approved by the Common Council of the City of South Bend on 12th day of September, 1977.
<br />/s /Mary Christine Adams
<br />Member of the Common Council
<br />A public hearing was held at this-time on the resolution. Mayor Peter J. Nemeth said that the
<br />City must give at least twenty days notice for a hearing on the lease - purchase agreement. Counc:
<br />Member Miller made a motion to amend the resolution by adding_; 10 October at 7:00 p.m., seconder
<br />by Council Member Szymkowiak. The motion carried. Council Member Miller made a motion to adopt
<br />the resolution, as amended, seconded by Council Member Szymkowiak. The resolution was adopted
<br />by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylor and Dom-
<br />browski) and four nays (Council Members Kopczynski, Adams, Horvath and Parent).
<br />RESOLUTION NO. 582 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
<br />SOUTH BEND ORDERING HEARING ON PROPOSED FORM OF
<br />LEASE OF WATER WORKS FACILITIES.
<br />WHEREAS, negotiations have been conducted over an extended period of time between the Mayor
<br />and other members and employees of the Executive Department of the CIty of South Bend and Clay
<br />Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease foi
<br />sewage disposal facilities from CLAY UTILITIES, INC. AND CLAY DEVELOPMENT CORP. to the City of
<br />South Bend;
<br />BE IT RESOLVED., that the terms and conditions of the proposed form of lease are approved
<br />and agreed to as the basis for a hearing, as required by law, and that such hearing should be
<br />held before this Common Council upon the necessity for the execution of such lease and whether
<br />the lease rental provided for therein is a fair and reasonable rental for the waterworks facili
<br />prior to the final determination of such question, so that this Common Council may determine
<br />whether to execute such lease as now written, or as modified, said hearing to be had at the
<br />regular meeting of this Council to be held on the 10th day of October 1977 at the hour of
<br />7 o'clock P.M. (E.S.T.).
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