The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-07-08

assigns, unless nor until there is filed
with the Board of Public Works of
said City, or other legally constituted
authority thereof, a full, true, COM
plete and itemized statement of all
the property of said Power Company
to be purchased. together with the
actual value thereof.
Section III.
Said Company shall have the right
and authority to lease, SELL assign, or
transfer this contract, grant or fran
chise, a7d any of its rights, privileges
or authority hereunder, to any per-
son, firm or corporation.
Section ~.
Said Company shall lay, place, con-
struct and maintain it's said gas
maing and pipes to the property line
of the consumer in alleys and to
point Immediately inside of the curb
in streets and SHALL at or near such
property line in alleys and Immediate
Iy inside Of the curb line in streets,
place, construct and maintain a curb
box and curb cock flush with the
surface of the ground and which can
be operated from the surface of the
ground so as to stop, when necessary.
all flow of gas in such pipe; and the
consumer shall furnish, construct and
maintain the service pipe from such
curb box to where such gas is to be
consumed on his premises.
Section v.
Street mains or pipes shall be ex-
oil i,,C
alleys or public thoroughfares shall
be laid and constructed by said Com
pany whenever ordered by the Board
of Public Works of said City, or other
legally constituted authority thereof;
but no extensions of street mains or
pipes shall be ordered unless one con-
sumner is assured for each one hundred
100) feet, on the average, of such
extension.
Section vi.
The construction, laying, repairing,
replacing, removing or maintaining of
the gas mains, pipes, apparatus and
appliances of said Company within
said City shall be done under the di-
rection and supervision of the City
Civil Engineer of said City, within
the terms of this contract, and said
Company, shall, Immediately at it's
own cost restore to their original con-
dition as nearly as may be possible,
and shall so keep and maintain the
same thereafter for the period of one
year in good and proper repair at it's
own cost, all of the parts of streets,
alleys, lanes, avenues, sidewalks,
highways, bridges and public grounds
within said City, which are in any
manner disturbed, in laying, construct
ing, maintaining, repairing or remov-
ing mains, pipes and other apparatus
or appliances therein.
And If said Company shall fail to
repair, or to keep in repair, such
parts of streets, alleys, lanes, avenues,
sidewalks, highways, bridges and pub
lie grounds, or any of them, said City
may cause any and all such repairs
to be made, and the cost thereof shall
be and constitute Just charge
against said Company and first and
prior line, superior to all other liens,
upon all the property of said Com
pany within said City, and the cost Of
such repairs may be retained out of
any moneys then due or which there
after becomes due from said City to
said Company, or such lien may be
enforced by suit in court.
Section VII.
Said Company promises and agrees
to save said City free and Harmless.
from any and all liability, loss or dam
age by reason of any carelessness,
negligence or unskillfulness of every
kind or character whatsoever upon the
part of said Company or any of it's
officers. agents, servants, or employees,
in the building, construction, repair
ing, maintaining, removing or operat-
ion of any and all gas mains, pipes,
apparatus or other appliances. And if
any judgment be obtained against said
City in any court of competent juris-
diction, by any person, firm, company
or corporation, for any of said causes.
such Judgment shall, as between said
City and said Company, be deemed
and held conclusive as to the amount,
extent and fact of such liability in each
particular case, and such judgments
shall be and constitute just charge
against said Company in favor of said
City, and first and prior lien in IA
vor of said city, superior to all other
liens of every kind and character
whatsoever and whatsoever obtained,
upon any and all of the property,
rights, credits and chooses in action
OF said Company within said City;
provided, notice of the tendency of
any such action against said City shall
be given to said Company by said
City; and notice in writing signed by
the Clerk OF said City, stating the par
ties to such action, the court wherein
pending, and when said City is re-
quired to answer thereto, delivered to
the president. superintendent or other
officer or agent in charge of the bust
ness of said Company in said City,
shall be deemed sufficient notice IN
der this section, and said Company
shall have the right, by and with the
assistance Of the City Attorney of said
City, to defend any such action.
And if in any such action against
said City. it shall therein be shown or
proven that said Company, it's officers,
agents. servants or employees was in
no wise guilty of carelessness, negli-
gence or unskillfulness, and that said
City was guilty of carelessness, negli-