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REGULAR MEETING RECONVENED (CONTINUED)
<br />ORDINANCE NO. 6240 -77
<br />AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND
<br />TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS,
<br />AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BILLY C.
<br />AND DORLIS M. GIBSON AND FRANK J. AND ROSEMARY D. McNAMEE.
<br />This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded
<br />Council Member Adams. The bill passed by a roll call vote of nine ayes.
<br />BILL NO. 108 -77
<br />A BILL AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE
<br />MUNICIPAL CODE OF SOUTH BEND, INDIANA (812 & 823 E.
<br />WASHINGTON, 111 S. NOTRE DAME AVE.)
<br />Council Member Kopczynski made a motion to refer this bill to the Residential Neighborhoods Com-
<br />mittee, seconded by Council Member Adams. The motion carried.
<br />ORDINANCE NO. 6241 -77
<br />AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS
<br />AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE
<br />OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21,
<br />MUNICIPAL CODE) (IRELAND ROAD 954'3 WEST OF MIAMI.)
<br />This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by
<br />Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes.
<br />ORDINANCE NO. 6242 -77
<br />AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC
<br />LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDI-
<br />NANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE
<br />ZONING ORDINANCE OF THE CITY OF SOUTH BEND (701 PORTAGE
<br />AVE.)
<br />This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by
<br />Council Member Dombrowski. The bill passed by a roll call vote of eight ayes and one nay (Counci
<br />Member Miller.)
<br />ORDINANCE NO. 6243 -77
<br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
<br />BEND, INDIANA, APPROVING THE LEASE OF WATER WORKS FACILITIES
<br />OF CLAY UTILITIES, INC.
<br />This bill had second reading. Council Member Taylor made a motion to pass the bill, as amended,
<br />seconded by Council Member Dombrowski. The bill passed by a roll call vote of five ayes (Counci
<br />Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four nays (Council Members Kopczyn
<br />Adams, Horvath and Parent.)
<br />ORDINANCE NO. 6243 -77
<br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
<br />BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS
<br />FACILITIES OF CLAY UTILITIES, INC.
<br />STATEMENT OF PURPOSE AND INTENT:
<br />Negotiations have been conducted for the leasing of the waterworks facilities currently
<br />owned and operated by CLAY UTILITIES, INC., in that part of its Service Area being that portion
<br />of Clay Township, St. Joseph County, Indiana, lying North of the Indiana East -West Toll Road,
<br />West of Hickory Road extended and East of the center line of the New York Central right -of -way,
<br />plus that portion of the Town of Roseland lying South of said Toll Road pursuant to the provision
<br />of Public Law 211 of the Acts of the Indiana General Assembly for the year 1975;
<br />CLAY UTILITIES, INC., is a public utility holding an indeterminate permit for the operation
<br />of a waterworks facility and as such is authorized by the above mentioned act to lease said por-
<br />tion of its waterworks facilities to the CITY OF SOUTH BEND, INDIANA, and has assisted in the
<br />drafting and preparation of a proposed lease for said waterworks facilities; and
<br />A notice of a hearing on the proposed lease was given by publication in the South Bend
<br />Tribune, South Bend, Indiana, and said hearing has been held in accordance with said notice;
<br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT
<br />Section 1. The proposed lease with Clay Utilities, Inc., and Clay Development Corp., as
<br />Lessor, provides for a fair and reasonable rental and further that the execution of said lease
<br />is necessary and wise.
<br />Section 2. The Clerk of the City of South Bend, Indiana, is authorized and directed to
<br />attest said lease and to initial and date a copy of the lease and to place the same in the
<br />minute book immeidately following the minutes of the meeting at which this Ordinance is passed,
<br />and said lease is a part of this Ordinance as fully as if the same were set forth herein.
<br />Section 3. The President of the Common Council be, and he is hereby authorized and directed
<br />to execute the aforesaid lease on behalf of the Common Council of the City of South Bend, Indiana
<br />Section 4. The President of the Common Council is authorized to execute all necessary certi
<br />fications, documents and instruments in connection with the Lease between Clay Utilities, Inc.,
<br />and Clay Development Corp., as Lessor, and the City of South Bend, Indiana, as Lessee, dated as
<br />of the date hereof.
<br />Section 5. This ordinance shall be in full force and effect from and after its passage, due
<br />attestation and approval of the Mayor.
<br />/s /Roger 0. Parent
<br />Member of the Common Council
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