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712
<br />Saturday Feb. 20th, 1904.
<br />The Board met in regular session at 10 A. M. All merbers present.
<br />Contract signed with the Oliver Chilled Plow Works for construction of .conduits
<br />underground to carry electrical current. Contract subject to approval of the Council.
<br />THIS AG RcaM ENT FADE THIS 20th day, of February, A. D. 1904 by and between
<br />the City of South Bend by and�rthrough it's Board of Public Works, party of the first
<br />part, and the Oliver Chilled Plow Works, a corporation organized under and by virtue
<br />of the laws of the state of Indiana. as party of the Second part,-
<br />;YI TNESSETH ---
<br />For convenience the Oliver Chilled Plow Works, its successors and ass-
<br />igns, will be hereinafter spoken of and designated in this contract by the word
<br />"Company":
<br />That the party of the first part does hereby grant unto the said Company,
<br />subject to any laws anii ordinances now in force, or hereafter enacted or put in force
<br />as police regulations, authority and permission to use the following; described street:
<br />alleys and public places of the city of South Bend, to -wit; --Beginning. at ehe West
<br />"lase in said City as a point North of Washington street thence through and along the
<br />most convenient alleys to North Michigan street at a point East of Center Street; the-
<br />nce West across interveining: streets and alleys and on and along; Center street and
<br />the alley which is as extension of Center street, to the westward to North Taylor
<br />street, thence South on North Taylor street to Wash ington Street, thence West on
<br />Washington street to Scott Street, thence South on Scott street to West Jefferson
<br />street, thence West. on Jefferson street to the alley West of Chapin street,`.begin-
<br />14,, at the intersection of Chapin street and Jefferson street, thence South on Chapin -
<br />street to Napier,street, thence West on Napier to Pine street, thenc< South on Pine
<br />street to the Lake -Shore and Michigan Southern RI-T-t (f W.--_y; also upon such private
<br />ways as said Company may deem convenient, for the purpose of transmitting electrical
<br />euT4@4% for power and light or either of them, by means of poles, wires, conduits,
<br />pipes an4-other appliances, equipment and apurtenances, which grant is and shall be
<br />upon the following terms and conditions, that is to say:
<br />1. Before entering upon any of the streets, alleys or public places .©f<'tdid
<br />City, said Company shall cause to be executed and filed wi h the comptroller of said
<br />City a bond in the penal sum of $2000.00 with surety to be approv ed by the Board of
<br />Public Works of said City. Conditionaai, that said Companr shall, at all times, main-
<br />tain it's poles, wires, conduits and apurtananees in a &Food and safe condition, and
<br />pay to said City or to any person all damages that may be sustained by reason of the
<br />erection of such poles or wires in said City, and keep said City.harmless from all
<br />losses, costs and damages that said City may at an,, time incur 1fy reason of erection
<br />and maintainance of the poles -and wires, pipes, conduits, casings or appurtenances
<br />of said Company through the sai" City.
<br />2. Whenever the said Company shall desire to construct any appliances for the
<br />distrubition of electrical current as aforesaid, it shall prepOre and place on file
<br />in the office of the Board of Public Works of said City, maps, plans and specifi-
<br />cations of such proposed construction, which specifications ahall include all excu
<br />vations and all underground apparatus and ap;liances, showing the exact location of al
<br />poles, wires, pipes, conduits, casinE-s, ducts and other appliances, the depth below
<br />the surface of he street, and, in general, where and how such construction is to be
<br />done,and shall conform in all respects to the provisions of this contract, and any
<br />ordinance of the Common Council relating to the public safety ana health, which maps,
<br />plans and specifications shall be approved without unnecessary delay by the said Board
<br />of Public Works, and a permit to cut into the streets, alleys, and ppblic places or to
<br />go upon said street for overhead construction, shall be issued to said Company
<br />before such work shall be begun, it bemng understood, howeverm that alleys instead of
<br />streets shall be used whenever practicable.
<br />The Board of Public Works shall have the power to designate at what point in the
<br />streets, alleys or public places shown upon such maps, plans and specifications, the
<br />poles, wires, trenches, conduits, cassinrs, pipe.j or other appliances used by said
<br />company in distrubition of electrical current shall be located, In case of dispute
<br />between any property owner and said Company as to the location of any o`:' the applian-
<br />ces aforesaid, or a change of location of any such trenches, conduits or other appli-
<br />ancesthat may be deemed neces ary, the decision of the Board of Public Mork, as to
<br />such location shall be final.
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