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Saturday Feb. 200th , 1904.
<br />3. Upon filing any such maps, plans and specifications, and their approval as
<br />aforesaid, said Company may take the specified construction and place the poles and
<br />wires, and lay -the specified pipe::, conduits, casings and other appliances underground
<br />all with suitabld and safe connections and appurtenances to constitute an entire plant
<br />which said Company may therefore maintain repair, improve, extend, add to, and oper-
<br />ate during the life of thisgtant, subject to it's terms and conditions; such exten-
<br />sions always being first subject to the approval of the Board of Public Works as here-
<br />in provided for..
<br />4. Said C ity will not be responsible to said Company or ton any property owner
<br />of said City by reason of the erection and maintainenee of any pole or wire or the
<br />construction of any conduit, casiAg or a;)purtenance at its own risk so far as any
<br />authority hereby given is concerned.
<br />5. Said Company shall erect said poles along sid route alont the outer curb -or
<br />of the sidewalks .just inside said -urt, in such a manner as bit to injure the curb
<br />stones, or planLk, or shade trees along the same, and so as not to be iin front of the
<br />door of any persons house, Or of the, entrance to any persons house barn of lot.
<br />6. It is expressly agreed and understood that the right and authority to
<br />transmit electrical current by overhead construction herein granted, is limited to
<br />electric(al Current of a voltage of not more than 550 volts, and that any authority
<br />granted herein., to transmit electrical current of higher voltage than 550 colts, is
<br />upon the express terms that such current of more than 550 volts shall be transmitted
<br />through the streets, a'leys and public places of said Cit;,r by means of underground
<br />construction in accordance -with ordinances now in force or to be put in :force gover-
<br />ning ..such construction.
<br />7. Said City may, at any time, alter, add tk,. amend or repeal any provisions
<br />of this ordinance a27)Ld reserve the right hereafter to impose any burden or -tax, or
<br />license.fee, for each pole erected on said streets, the Common Council may deem proper
<br />as a condition upon which said Company may maintain its poles and wires on the
<br />streets of said City.
<br />8. Said City reserves the right to the free; use of -1 times of any anq all poles
<br />erected or to be erected for the purpose of conveying; electrical or other tyres of the
<br />fire, police, and any and every other departure nt of said City goverment.
<br />9. To each of the terms, conditions, provisions, stipulations and requirementG
<br />of this contract, the City of South Bend, by and through it's Board of Public Works,
<br />party of to first part herein_., and the said Oliver Chilled Plow Works, party of the
<br />second part herein do fully agree and bind themselves, their successors and as signs.
<br />10. It. is agreed and understood and made a part of the considration for this
<br />contract, that therights and priveleges herein granted shall continue for a period
<br />of forty years from the ratification of this contract by the Common. Council of the
<br />City of South Bend, and shall terminate at the end of said period.
<br />IN TESTIMONY W;3ERE07, we have hereunto set our hands and seals this 20th dy
<br />of February, A. D. 1904, in duplicate. .
<br />Approved:
<br />Mayor.
<br />CITY 01' SOUTH BEND
<br />W. A. McInerny
<br />John W. Papczynski
<br />Edwin Nicar
<br />As Board of Public Works of said City.
<br />OLIVER CHILLED PLOW WORKS:
<br />By Jas Oliver.
<br />President.
<br />President. 1kI
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