South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-05-18

damages. and shall before entering upoi
ihe conservation ~ sIid wafcrw1rss sFs
Z tenn give to the Town IF Lakeville Bono
in the sum N Two Thousand Dollars
iS2u0OOi with surety % the satisfaction
OF the kolrd ~ Trustees ~ said Town
conditioned 70 secure The said Town from
loss as in this section SCI forth. TIE
slld Grantee shall no ah times durlnz
the maintenance uud operation az slic
WateSWurks system. and after the compile
tion thereof likewise defend and keep
harmless and Indemnify the s1id Town %
l1keville from any and 90 damag es - ir
this hereiubef0re set forth.
=. Said Waterworks system shall 20
constructed in strict accordance with TIE
plans ~ specifications heretofore present.
ed 90 The Board ~ Trustees % the Towr
of IakevIlle. hT The t. kpVillc Water Com
pany and adopted by the Board ~ Trus-
tees hy resolution on Che 3rd day ~ Nav.
1915. which plans and specifications are
hereby approved subject % notifications
and changes us may be agreed upon 10
writing from time 10 time by the IoWr
and Grantee
g The said Grantee. i'm the work 81 con-
struCtiug and in the maintenance and ope-
rl tion ~ said waterworks system. shall
comply With she laws ~ the state ~ Indi-
ana. and with the rules adopted and pro-
mulgated hy Che State Board ~ Health fof
the government Of Waterworks system in
the said Town 81 Lakeville. and said
Grantee shall operate said system Of wa
terworkS iu compliance with said laws.
rules and regulations.
T. Said Grantee shall have the right 20
shut Oh the water supply temporarily
from any portion ~ the mains. for the
purpose Of making repairs or extensions.
and shall not De- liable Tor any DANA ges
occasioned by such temporary suspension
OF the water supply
: The Town II LakeviHe shall adopt
and enforce such ordinances as are neces-
S1ry for the protection Of the waferwoTkS
property and the owners thereof IN the
safe and unm"lcSted exercise OF said IRAN
chi~e and 90 protect it from frau9 and In
jury 10 its property against unnecessary
waste of water 10y consumers. and the said
Grantee may make and enforce as part
Of the conditions upon which water Is sup
piled 90 said Town and other Consumers,
AN reasonable charges. rules ard regula-
tions not Inconsistent with the law.
q The Grantee shall install. and for
period ~ twenty five t2Jl years from the
date Of the contract. maintain IN go0u
condition nine go fire hYdrants Tor the
use of which. said Town agrees to pay
during said period an annual rental or
Fifty Dollars $500 per year for each by
draut. payable Senl-aunuallr Ia equal ln-
stallment> 0u the first day 81 January
and the first day Of July each year. and
ON due notice iu writing hy the Town it
shall bee the duty Of the Grantee % install
and maintain such additional IRE nv
drant> as said Town requires from tme
TO time for each additional hydrlnt Salu
Town shall pay To the Grantee an annual
rental OF Fifty Dollars (Sjol as herein
above provided
lle trfaufee shall Ue 1nN Is Ntlfhh aN-
thorized 20 charge FOR nh wafer furnished
for amy purpose 10 the inhabitants ~ said
Town meter rate OF equivalent not eN-
ceeding Twenty-Five t2al cents per One
thousand 1000 gallons 90 furnished.
10. A. compensation Co the said Town
for the franchise and privileges herein
granted the said Grantee Boa addition 90
am fire hydmuts Installed maintained auu
paid for under and i'm accordance with the
provisions ~ the above and foregoing See
ton . of this contract shall also Install
aud at an times during the life or TINS
contract maintain Don good order one ili
additional fire hydranf free from amr
charge or expense whatever Go said Town.
n. The authorized agents or SAID
Grantee shall have the right % enter upon
the premises of any consumer Tor the
purpose OF examining pipes. meters, anu
appurteuauCes 81 said WaterWorks thereon
and repair the same
l. The IRE hydrants are not % he u~ed
for any other purpose than the delivering
Of water for fire eNflu guiShmcnt and tnr
practice ~ the Lakeyille Fire Department
and The purpose Of flushing sewers AMI
streets.
H.. The sid Grantee agrees b. com
mence the construction Of said Waierworks
system within 30 DAYS from and after the
date when this contract shall become le-
gafV effective aud Co have the same com
pleted within ninety days from the date
OF commencement OF the work. subject TO
unavoidable delays by reason OF Strikes
weather conditions. accidents beyond the
control OF said Grantee or litigation az
fecting this grant or work beng d"he
hereunder. And 10 the event ~ such un-
avoidahle delays the time within which
said WaterWorks system shall Zoe COM
pleted shall De extended the length Of tine
that such delays exist. Provided, however,
said Grantee shall not ice required 60 COM
mence said construction until the neces-
Sary real estate shall have been acquire
for the purpose of furnishing said Watef
supply.
tuiued shall be and continue FOR a term of
twenty five 90 years from the taking ef-
feet of This agreement and no longer I'M
less the said grant shall be renewed by the
proper authorities of said Town.
This agreement shall take effect lmmedl-
ately upon the passage Of an ordinance 10y
the Board Of Trustees Of said Town rau-
fyug and confirming the same
-. AT of the terms and conditions of
this contract shall benefit. run and apply
to. equally. the Grantee, its Successors and
assigns. and this contract rs granted upon
the express condition that II said Grantee.
its successors or assigns shall fail 10 com
ply with ANY and all conditions, lmiia-
tons ana reStrlclonS heseln eontelie'l'
then an the rights franchises and priv
leges herein granted shall az once cease
and terminate al the option Of the Board
of Trustees OF said Town
1G. 10 is expressly understood and
agreed by :he parties hereto that this
franchise grant. in all respects and as 90
all terms and conditions thereof. shall Doe
subject 90 the authority ~ the Public
Service Commission OF the State 81 Indi-
ana. and 90 all provisions Of an Act n the
General Assembly ~ the State of Indiana.
entitled An Act Concerning Public Utili-
ties. creating a Public Service tOmmissiou.
aboIishiug the Railroad Commission 81 ln-
diana. and conferring the powers q The
Railroad Commission or the Public SER
vice Commission" approved March 4. 1919
N WITNESS WHEREOF. we have
hercunto set oar hands and seals this
........ day 81 ...--.-....., 1910.
TOWN OF LAkENILLE. INDIANA.
-...s.-..-s........-
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Committee Of the Whole app
pointed by the Board "
-Irmetnns partE OF the EIr.L