07/11/1916 Board of Public Works Minutes (2)

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The following contract was signed and referred to the Common Council for ratification. A CONTRACT BETWEEN THE CITY OF SOUTH BEND BEND,INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND 'iHE ST. JOSEPH HEATING COMPANY. WHEREAS, on the 8th. day of November, 1915 the City of South Bend, by and through its Board of Public Works, made and entered into a certain contract and agreement with the St. Joseph Heating Company, a corporation duly orgalized under the laws of the State of Indiana, with its mains and prinicipal offices and place of business in the City of South Bend, which said contract was thereafter ratified, confirmed and approved by the Common Council of the City of -South Bend, by Ordinance duly passed numbered 1815 under the terms and conditions of which said contract, the said St. Jose h Heating Company was authorized and empowered to use and occupy a certain portion of the streets, alleys end public places of the City of South Bend, named, designated and set out in said Ordinances, AND `WHEREAS, the said -St. Joseph Heating Company desires to extend its said right, authority and grant to occupy other streets, alleys and publieptaees than those named in said contract of November 8th., 1915. . AND WHEREAS, the said City of South Bend desires to grant unto the said St. Joseph Heating Company further right, power and authority to occupy other streets, alleys rid public c laes, than those named and designated in said contract of November 8th. ,aforesaid, ana believes it to be for the best interests of the City of South Bend, and the citizens thereof, to extend said right, privileges and authority to occupy other streets, alleys and public places. SECTION b. NOW THEREFORE, in condideration of the mutual benefits to be derived by each if the parties hereto by the execution of this contract nd the construction of a steam heating system by the St. Joseph Heating Company in, along and upon the streets, alleys and public places herein designated, it is agreed that to said St. Joseph Heating Company shall be, nd is hereby authorized and empowered, and consent, permission acid authority is hereby granted by the City of South Bend to the said St. Joseph Heating Company, for and during the -oer iod of thirty (30) years from the 8th. day of November,1915 to enter into, along and upon the following streets , alleys and public places in the City of South Bend and there to construct, lay, maintain and separate pipe or pipes, fix - tures, cut-offs, m-nholes, appliances and all necesasy appurtenances for furhisning and conveying steam for heating and other purposes as the said company may elect to and for the use of its several patrons and customers situated and locatedaiong and adjacent to the streets, alleys and public places hereinafter described, and to transport, conduct and _convey steam by, and through said system for such purposes as the said Company may elect nd to furnish and provide said customers with steam for the purposes aforesaid, said streets, alleys and public places to be occupied being particularly described, as follows, to -wit:- Beginning at a point in the intersection of Michigan Street and Washington Avenue, here the line of said St.JHseph Heating Company ends, so that connection may be made with said line to extend the same south upon Michigan Street; and runni ng thence south on Michigan Street to the point of intersection of the alley running east and west, between Jefferson Street and Wayne Street, which said alley -s near hhe center of said block. Beginning also at uhe intersection of Michigan Street and Colfax Avenue and extending north on Michigan Street to the center of La Salle Avenue. Beginning also at the intersection of Main Street and Washington Avenue and running east on Washington Avenue to the intersection of Michigan Street and Washington Avenue. Beginning also at the intersection of Michigan Street and the alley run - ning east and west between Jefferson Street and Wayne Street, and extending south on Michigan Street one hundred and twenty five (125) feet south of the intersection of Wayne and Michigan Streets. Beginning also At the intersection of Washington Avenue and Main Street thence running south on Main Street to Jefferson Boulevard thence running west on Jefferson Boulevard to the intersection of the alley running north and south betwee n Main Streets and Lafayette Street, thence running north on said a -ley to Washington Avenue, all of said rights at said intersection points hereby granted, being so extended that connection may be made by the pipes of said Company. SECTION 11. That all of uhe terms and ,orditions convenants and agree- ments set out in certain contract executed between the parties hereto on this 8th. day of November 1915, shall be inluded in this contract and shall apply thereto the same as though expressly written, and this contract shall be considered and constitute a part of said con- tract of uhe 8th. day of November,1915.