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

TO be occupied by any pipes mains. con
| ductors, service pipes, appurtenances or
/ construction work OF said second party for
| the purpose of draining its system OF con-
/ Quits pipes. mains. conductors. appurte-
| nances and construction work laid aud con
| structed by said second party under the
/ provisions Of this contract, provided. how
ever. That general plans showing the meth
/ Oh OF making such taps or connections
/ shall be first. filed with the Board OF Public
I Works. which plan shall be subject 10 the
| approval Ca the Board Of Public Works
/ ana after approval said Board OF Public
| Works shall cause 10 be issued a permit
| for the work 10 be done as specified In said
\ general plans 50 filed, without unnecessary
/ delay.
/ Sec. I'm the construction OF it's said
/ work and the laying OF its said pipes, the
! second party is hereby required and COM
/ PEELED 10 lay and construct its street mains
| service pipes and other appurtenances with
/ due conformity TO the established grade
| lines Of the streets, alleys. avenues and
/ other public places In which the same are
/ authorized 10 be laid or constructed herein,
/ and all OF such cOnduits and pipes shall be
I laid at such a depth a. 10 give coverin z
over the top Of the cOnduits Of not less
1 than two 90 feet, except in crossing gut
4 ters, or meeting unforeseen distractions,
said second party shall have a lee-way Of
/ one % foot covering over said conduits.
! Sec. SIHhat said first party may require
] said second party TO file with the Board Of
4 Public Works, at least two days prior TO
l
| streets. alleys, avenues or public places In
/ said city for the construction and installa-
/ tlcu OF Its said system, a general plan
! showing the extent OF the work proposed
| 10 be uVne In construction and in Installing
! the same, which plan shall be approved by
! the Board or Public Works before work Is
| started, and upon the completion of the in
4 SJallatlOn and construction OF Its said SyS-
tenn, said second party shall furnish the
! Board Of Public Works a detailed drawing,
! OF the entire underground work drawn TO
sale, slowing thereon the full and COM
plete plan thereof, including street mains,
service pipes. expansion johns, valves, man
lVies anu other appurtenanceS, and If at
! any time hereafter any change is made in
the construction and plan OF said system,
the said second party shall also furnish
detailed drawings OF such changes. all or
which drawings shall be filed with the
/ Board of Pubic Works OF said City
Sec. 9.-rhe Board of Public Works Of
! said city may designate the part of said
| streets, alleys, avenues and public places
wherein sand pipes and mains and appurte-
nances thereto may be placed and LAID, and
! suci place shall be designated as To
meet the most economic and reasonable In
| stallatiOn, construction and location OF said
pipes and mains when the same does not
interfere with any pipes, mains, conduits,
wires or other fixtures or apparatus then
In said street or which may be then under
1 way of construction.
Also, if at any time hereafter the said
! Board Of Public Works Of said City shall
deem II necessary TO change the grade Of
SAID second party has laid and constructed
pipes, mains and appurtenances, or II the
! said Board Of Public Works of said City
| shall deem 10 necessary 10 reconstruct, re-
/ pair. or change the location of any sewer,
| waterplpe or other mains or cOnduitS now
| belonging 10 the City, in any of the said
| streets, whereby IL shall be necessary in
| the Judgment of said Board 10 lower said
pipes, mains and appurtenanceS of the sec
ond party or to change the location there
Of then said Board shall give said second
/ tufr 80 -
proposed change. and shall designate to
said second party the location and place
where said pipes. mains and appurtenances
thereto shall be laid and placed thereby
! designating the most economical and
i cheapest manner, from the consideration Of
the second party, in which 20 relay said
| pipes, mains and appurtenances, and there
upon said second party shall. at its own
/ cost, promptly replace and relay said
pipes, mains and appurtenanceS thereto in
the places as designated by said Board. and
| In the same manner and under the same
/ terms as are set forth in this contract. and
| If said second party shall refuse or fail TO
/ promptly relocate said pipes, mains and
/ appurtenances thereto above set out,
| then said City by its said Board of Public
Works may cause the same TO be relaid
| and relocated, and the second party hereby
agrees to pay said City the necessary cost
and expenses made thereby. and said costs
and expense may be recovered in any court
of law.
Sec. 1O.-As a part Of the consideration
hereby agrees to pay said City on the 30th
day OF September Of each year during the
full term and period of this contract, two
and one-half per cent (215 per cent? of the
total gross receipts for all such steam so
sold and furnished to its several patrons
and customers Exclusive of that sold and
I delivered TO the Indiana & Michigan Elec-
! trio Company for its own use), served un-
der the terms and provisions of this con-
tract during the year ending June 30th,
/ preceding, and said second party shall fur
| and deliver IN az
a statement certified by it's president gen.
eral manager or treasurer showing the to-
tai receipt from the sale OF steam sold by
IT 10 Its said patrons, and this condition
shall be construed to mean and be so in
! terpreted that said second party shall not
be required to make payment to said City
upon or Tor any steam contra ed to be
sold, but the cost Of which was lost 10 said
! second party and not paid. but said party
shall make a reasonable effort 10 collect
all bills rendered and due for such service.
| II Said second party shall refuse TO make
| such payments wnen they become due, or
| II IL shall refuse co make said certified
! statement 20 said City of the amount paid
| therefor, or upon the refusal of said second
party TO keep perform, fulfill or observe
any other term, condition or thing 10 be
done by said second party as in this con-
tract provided, then the first party NAV
/ terminate this contract and declare the
same null and void by serving notice In
| writing upon said second party to make
performance within thirty days, and if said
| default continues for said period Of thirty
days after the expiration of said written
| notice, then this contract shall be null and
void and Of no effect
Sec. 1L-At least five days before COM
mencing the construction OF said system,
said second party, its successors or as
| signs, shall file with the City Clerk of
South Bend, Indiana, good and sufficient
| bond subject TO the approval and accept
/ ance of the Board Of Public Works Of said
! City as TO the sureties thereon. in the pc
nal sum OF five thousand dollars
/ (S5,O0O0O) conditioned that said second
/ party shall keep and hold said City Of
South Bend free from all injury, harm and
! damage which may arise 10 IL through any
injury or damage resulting TO any person
or persons. firm or corporation occa stoned
by the negligence Of said second party, It's
I officers, agents or employees I'm the use or
/ occupation Of the streets, alleys and public
places Of said City during the construc-
tton work in installing said system IN,
/ along and upon said streets. alleys and
| public places In said City, and during the
| operation OF said system, which bond shall
be in fun force and effect for the period OF
| five years which shall be renewed for an
additional period IL required by the Board
I of Uua 10 Nrl-g