South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-06-15

ten give to the Town 81 Lakevi1le : Bond
IN the sum OF Two Thousand Dollars
tS2OO0O0l With surety - the satisfactfou
81 the Board of Trustees - said Town
conditioned % secure the said Town from
loss. as in this section 81 forth Iha
said Grantee shall az All times during
the maintenance aud operation ~ said
waterworaS system. and after the compile
ton thereof likewise defend and keep
harmless and Indemnify The said Town q
Lakeviue from any and an damages as n
this herein before set forth.
=. Said waterWorks system shat -
constructed I'm strict accordance with -
plans 81 specifications heretofore present.
ed 20 the BOARD 81 Trustees ~ the Town
or Lakcyillc by The Iakevtlle Water COM
pany and adopted 10y the Board OF Trus-
tees by resolution on The ard DAY 81 May,
1915. which plans and speciacattocs are
hereby approved subject 20 notifications
and changes as may he agreed upon IN
writing from time 20 ume by the Town
and Grantee
6 The said Grantee. IN the work % con-
struCtinV and IN the maintenance ann ope-l
ration of said waterworks system, snalI
comply with the laws Of the State 81 indt-i
ana. and with the rules adopted and pro-
mulgated by the State Board ~ Health Tor
the government Of waterworks system Il
the said Town II iakeville and saidi
Grantee shall operate said system OF va
terworks ia compliance with said laws
:. Said Grantee shall have the right toi
shut of the water supply Temporarily
purpose 'of making repairs or extensions
~
and shall not be liable for any damaFas
ocCasioned by such temporary suspensions
or the water supply
8 The Town ~ Iakeville shall adopt
and enforce such ordinances as are neces-i
sary for The protection OF the waterworksi
property and the owners thereof la thal
safe and unmolested exercise Of said franz
chise and 10 protect IL from fraud and I'M
jury 10 ITS property against unnecessary
waste 81 water by consumers. and the saldf
Grantee may make and enforce as parN
OF the conditions upon which water Il sup-i
piled 70 said Town and other Consumerssl
all reasonable charges, rules and reguA-i
lions not inconsistent with the law
9. The Grantee shall INSTALL and Tor -
period 81 twenty Eve (2ll years from thet
date u the contract maintain ~ goodl
condition nine 90 nre hyurants Tor thei
use OF which. said Town agrees 10 paw
during said period an annual rental OF
Fifty Dollars 500 per year for each hy-t
drant payable semi-annualy I'm equal in-l
staliments on the first day u january
and the first day Of July each year: andl
on due notice In writing by the Town ttl
shall be the duty OF the sIrantee % INSTALL
and maintain such additional FIRE hyI
drants as said Town requires from umel
To time FOR each additional hydrant saldl
Town shall pay 10 the Grantee an annual
rental Of Fifty Dollars (SJ0l as herein-l
above provided.
The Grantee shall be and is hereby au3
thorized TO charge for all water furnished
for any purpose to the inhabitants OF saidl
Town a meter rate or equivalent not eN-l
ceeding Twenty five t25) cents per onet
10 As compensation to the said TOWN.
for the franchise and privileges herefnf
granted the said GranDee, In addition tol
all fire hydrants installed, maintained and4
paid for under and ia accordance with thet
provisions Of the above and foregoing Sec-t
ton 9 ~ this contract. shall also iustalli
and at al times-durtng The lsfe or thtsi
contract maintain I'm good order one tpl
additional FIRE hydmnt free from anyi
charge or expense whatever 10 SAID ioWnl
II The authorized agents or sald4
a. 4pn aha ba
the premises Of any consumer Tor the4
purpose OF examining pip 5, meters. and
appurtenAnces Of said Waterworks thereOnf
and repair the same.
u The fre hydrants are not 10 he usedi
for any other purpose than the deliveriug 81
OF water for fire extinguishment and thet
practice OF the Lakeville Fire Department.
and the purpose Of flushing sewers andt
streets.
mence the construction Of said waterworksf
system within 30 days from and after thel
date when this contract shall become lei
gally effective, aud 10 have the same comb
pleted within ninety days from the datat
OF commencement OF the work, subject tot
unavoidable delays by reason of st1keSE
weather conditions, accidents beyond thel
control OF said Grantee, or litigation af-i
fecting this grant or work being donsl
hereunder. And m the eyeat of such gn-k
avOidable delays the time within WhichI
said waterwOrks system shall be comb
pleted shall be extended the length OF umel
that such delays exist. Provided. however,
mence said construction until the neces-l
sary real estate shall have been acq uiredl
for the purpose Of furnishing said water1
supply. ,.-. 80.
tanned shall be and continue for term OF
twenty five 60 years from rhe taking eff
feet Of this agreement and no longer uni
less the said grant shall De renewed Dy met
proper authorities Of said Town.
This agreement shall take effect immedi-f
ately upon the passage OF an ordinance byi
the Board Of Trustees OF said Town rau-t
fyng and confirming the same.
Is All OF the aerms and conditions OIL
this contract shall benefit run and applyt
70 equally the Grantee. its SUCCESSORS andl
assigns, and this contract is gran ted upoHl
the express condition that II said Grantee.f
its Successors OF assigns shall fail 70 comb
, ply with any and all conditions. hmita-t
tfons and restrictions herein contzitned,E
then all the rights. franchises and privi-f
leges herein granted shall at once. ceasel
and terminate at the option or the BOardf
Of Trustees Of said Town.
16 IL is expressly understood audi
agreed by the parties hereto that thisi
franchise grant. in all respects and As TOT
all terms and conditions thereof. shall BET
subfect 10 the authority Of the PuhNct
Service Commission OF the State n Indi-l
ana and 10 all provisions 81 an Act II tnst
General Assembly Of the State 81 Indiana
entitled An Act Concerning Public Duh-t
ties creating a Public Service Ommission,t
abOlishing the Railroad Commission % luz
diana and comforting the powers u thsl
Railroad Commission on the Public Ser-t
vice Commission" approved March T. 1879
II WITNESS WHEREOF. we havst
hereunto set our hands and seals thisa
T0wN ua OF " LAl.KBB5v;IiLLEI INDIANA. q
BY ACKNOWLEDGEMENTS. {
.....................s.
Committee OF the whole sp
pointed by the Board 0fi
Trustees, Party 81 the FirstF
Part.