South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-10-23

I Ia ~ II ALL NJ Er~NAhl HhANA HES
AND CUI-OFfS, MANHOLES, APRIL
ANCES, APPU RTE%ANCES AND OTHER
UTILITIES FOR THE PURPOSE OF
kJkNISIllNG AND CONVEYING STEAM
FOR HEATING AND OTHER PURPOSES.
TO PUBLIC AND PRIVATE CONSUM-
RS WITHIN SAID CITY. GRANTING
Also THE RIGHT TO ENTER UPON
SAID STREETS, ALLEYS, BRIDGES,
Az IN - AND PUBLIC PLACES TO
THIS CONTRACT AND AGREEMENT.
made this 18th day " October. 1919 by and
between the CITY Of south BEND Indiana.
lay and through its Board OF Public Works
as party OF the first part. and the st. Jo-
sepn heitlng Company, as party Of the
WITNESSETH: Sec. Consent. per-
mission and authority is hereby given and
granted by the City OF South Bend, and =
vested IN the ST Joseph Heating Com
Pahy' = corporation organized under the
laws OF the State OF Indiana. its success
/ s0rs or assigns. for and during the term Of
tlFty years from and after the date here
OF 70 enter into, along. upon and under
tue ioll9Wmg streets. alleys, bridges and
PubIlc places in said city. and there TO con-
stEu't lay, maintain and operate n pipe or
pipes as the same may be required, to-
gether with the necessary branches, cut
! oIIs. man holes appliances and all neces-
saIy appurtenances for furnishing and con-
Neylhg steam for heating and other pur-
poses as the Company may elect to and for
/ the use OF its several Datrons and Gus
i
streets and alleys hereinafter described
ana % TRANSPORT and convey steam by and
through said system for such purposes. and
/ 70 furnish and provide said customers with
steam for the purposes Aforesaid. said line
OF streets, alleys, bridges and public
places TO be occupied being particularly
I designa Ted as follows. to-wit:
Beginning at the point on Bridge Street
west or the power plant Of the Indiana K
! Mlchlgan Electric Company in order TO en-
/ able connection 10 be made with said Com
i nj amt .er..-
Brldge street TO and across East Colfax
Avenue, running thence west on COlfaX Ave
/ nue. 10 and across Main Street running
/ thence south on Main Street 10 and across
/ Washington Avenue, running thence west
/ on Center Street 30 Lafayette Street. also
beginning at the intersection OF Colfax Ave
/ nue. and Michigan Street and running
\ thence south on Michigan Street to WASH
\ ington Avenue.
/ Sec. 2.-It is expressly agreed by and
! between the parties thereto that the terri
/ Tory served by said second party shall be
| mat property which abuts the portion OF
the streets, alleys and other public places
| hereinbefOre described
The charges and conditions for service
/ 20 rendered 10 the patrons and customers
/ OF said second party abutting said streets
\ alleys and public places herein before de-
sclDed, or such extensions thereto as shall
hereafter be granted by the party of the
/ Irst part shall be upon a schedule Of
rates tolls. charges. rules and regulations
/ 10 be filed and promulgated by the sec
Il - a mis-
| sion OF Indiana.
| Sec 3.-As part Of the consideration for
! the execution Of this contract, IL is hereby
| expressly agreed by and between the par
| ties hereto that the said second party shall
/ not De required TO extend or give service to
/ any person or persons, firm or corporation
VINO may apply for said service whose
property Is not adjacent 10 or does not
I aDut upon the above streets. alleys or pub
I lie places along the portions above de-
S.Ilped put said second party may extend
such service under its rules and regula-
| lions, said extensions being subject TO the
/ approval of the City OF South Bend
III, after the approval by the City of South
ben9' SAID second party shall elect TO grant
adjacent 70 said portions Of said streets
alleEs and public places, said second party
I Is hereby given the power and authority so
% DO under the rates, tolls, charges, rules,
schedules and regulations published and
| promulgated by said second party and
| placed on file with the Public Service Com
mission OF Indiana, provided, however, that
/ SAID second party shall at least five DAYS
peIOre the commencement Of work In any
/ street, alley or public place, file with the
Board of Public Works Of the first party a
detailed plan showing the location and the
proposed work in any street alley or public
! place Tor such service TO be so rendered
| and such service, condition OF service DOW
er and authority and grants in connection
herewith, shall be controlled by, construed
under and continue for the full term of this
contract as herein provided.
Sec. 4.-Sald second party is hereby
vested Win ruiz power, right and authority
| 10 make all excavations and do such other
Things as may be necessary I'm and upon
such streets, avenues, alleys, bridges and
0ther pubic places 50 as to construct and
| lay on or therein all such pipes. man holes
| appliances and appurtenanceS as shall be
reasonably necessary for the trans mission
ana distribution Of steam for heating and
other purposes, contracted and agreed to
9e done by ii. That all such work shall be
| done with reasonable dispatch and with
/ the least possible inconvenience to the pub
nc anu all such work shall be done In such
manner as not TO interfere I'm the least pos
/ slble manner with any water or gas pines
| puOhc or private sewers or underground
: wires or any underground conduits then
/ ialQ or constructed by said city or any
authorized person or persons firm or cor
pOration, and in the event of any such in
reference, the cost occasiOned thereby shall
De borne by said second party.
said second party shall also. at its own
expense ana without unreasonable DELAY.
restore and repair. or cause TO be restored
/ and repaired. in accordance with the terms
| and provisions of Ordinance No 1850. mass
/ ed by the Common Council Of the CITY OF
south Bend on May 9, 1910. and any 9TH
er ordinances pertaining thereto, all streets.
/ avenues, alleys sidewalks, bridges and
other public places where excavations have
/ been made by il for any OF the purposes
| herein contemplated.
Sec. THAT said second party hereby
/ undertakes and binds itself it's succes sors
/ and assigns, TO fully indemnify and save
the City OF South Bend harmless against
/ or by reason of any claim for damages on
account OF anything done under the terms
I or this contract, or by reason of its negIi-
gence In the construction. maintenance or
| operation or its said system and the appli-
ances and appurtenances thereof in any Of
| the said streets, avenues. alleys or other
public places under the terms Of this cor
tract and said second party shall when
ever notified 50 TO do by said City, prompt
/ ~ and at its own expense appear and de-
lend any action at law or suit in equity
brought by any person or persons, firm or
| corporation against the City In any court
upon such claim or demand. ANY final
Judgment or decree that may be rendered
! IN any such action or suit against the City
shall be paid or performed. as the case rlay
be. by the second party, and the City by IL
/ Kept harmless and saved from liability
thereon. provided, however that said City
shall. before the return day OF any sum-
mons served upon said City for any dam
age or claim for injury. which said sum
mons has been issued incident 20 a suit or
action upon which any such claim for in
jury or damage, notify said second party I'm
writing Of the service Of such process upon
said City and of the tendency Of said
cause. 20 the end that said second party