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HomeMy WebLinkAboutRatifying a Contract between Board of Public Works and Indiana & Michigan Electric Co. ORDINANCE No. 016 s Passed by the Common Council of the City of South Bend, Indiana, -. �( 192 . Attest: // 4? "."/ '° / 77 City Clerk. Attest: it teat _• -ZS President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana / 41 ` ( 192 -alley 1ef2-P City Clerk Approved and signed by me — -" 192 / � G�7� Mayor -01/ ORDINNCE NO. 4 ( � A 4 \k. AN ORDINANCE RATIFYING A contract BY AND BETWEEN THE CITY OF SOUTH BEND INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND THE INDIANA & MICHIGAN FZECTRIC COMPANY A CORPORATION FOR THE ERECTION AND MAINTENANCE OF LIGHTING SYSTEM. AND THE FURNISHING OF LIGHT FOR RIDGEDALE ADDITION TO THE CITY OF SOUTH BEND INDIANA ENTERED INTO ON THE 2IST. DAY OF JUNE I,2$. • BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BIND INDIANA SECTION I. THAT the contract dated June 2lst. , 1927, by and between the Municipal City of South Bend, Indiana, by and through its Board of public Works and the Indiana & Michigan Electric Compa y, a corporation for the erection and establishment of a street lighting system and the maintenance thereof in Rthdgedale addition to the City of South Bend, Indiana, by and is hereby ratified, confirmed and approved in all respects. SECTION 2. This Ordinance shall be in full force and effect from and after tan its passage. 1 / 0 op, (EMBER OF TIC COflON COUNCIL ` s ''- Vi • CONTRACT, PLANS AND SPECIFICATIONS FOR LIGHTING STREETS, ALLEYS, BOULEVARDS MID PUBLIC PLACES IN RIDGEDALE ADDITION TO THE CITY OF SOUTH BENll, INDIANA. THIS AGREEMENT, made and entered into this 71 94- day of , 1927, between the City of South Bend, a municipa corporation of the State of Indiana, by and through its Board of Public Works, party of the first part, hereinafter re- ferred to as the City, and Indiana & Michigan Electric Company, a Corporation, party of the second part, hereinafter referred to as the Contractor pursuant to a resolution of the Board of Public works, passed at a meeting held on the 24th., day, of May, I927,. S W I T N E S S E T H That the parties hereto, each in consideration of the agreements on the part of the other, herein contained, have mutually agreed and hereby mutually agree as follows;- I. The Contractor shall provide and maintain a street lighting sgstem in Ridgedale Addition to the City of South Bend, Indiana, consisting of 33 street lamps supplied from the under- ground distribution system of the Contractor. Such underground lamps shall be as follows;- 33- Sheridan 12 ft. Hollow Spun Concrete Lighting Standards complete with Octagonal Junior Lighting Units and Standard Series Film Sockets and Spikes equipped with I • IOOO Lumen 6.6 Ampere Series Street Lighting Lamp or equivalent Lamp, All property used in the performance of this contract shall be and remain the property of the Contractor, The Contract- or shall at its cost furnish all lampsrenewals and light all lamps herein provided for by electricity for the period of this Contract. All of the lamps which shali .be provided and maintained by this Contractor shall be so operated so that they will give the maximum amount of illumination obtainable under commercial conditions, 2. All lamps herein provided for shall be burned from one-half hour after sunset until one-half hour before sunrise every night and all night, burning approximately four thousand (4,000) hours per annum, 3* The number of lamps furnished and lighted under this contrast shall be the number provided for in paragraph I hereof; and shall be located as shown on the blue print attached hereto and identified by the signatures of the Contraebbr and members of the Board of public Works, 4, All outages shall 'be reported daily in writing by the proper officers of the City to the Contractor and the proper officers of the City may deduct from the total monthly amount which would have been paid for any lamp so reported had no out- age occurred, the sum bearing the ratio to such total as the period of outage bears to the total time the lamp would have been lighted in any month. 5, Street lighting waits herein contracted for shall be moved by the Contractor to such new location as the City may by writing direct, subject to the following conditions:- Such moving of lamps shall be completed within thirty (30) days after receipt by Contractor of written notice from the City, Sundays, legal holidays and stormy days not to be counted, provided that the number of such removals shall not exceed one per day and provided further that such removals shall not be re- quired on Sundays, legal holidays and stormy days, Notice that the work of such removal of lamps has been completed shall be given by the Contractor to the City within ten days after the completion of the work, The actual cost to the Contractor of making such re- locations shall be paid by the City to the Contractor within thirty days after said notice has been given. 6. The City shall accept such lamps and the ser- vices herein specifiecd during the life of this contract and pay as full compensation therefor, at the rate and price set out in the acdepted bid to-wit; For underground street lighting units. 33 - Sheridan I2 ft Hollow Spun Concrete lighting Standards Complete with Obtagonal Junior Lighting Units and Standard Series Film Sockets and Spikes equipped with I - I000 Lumen 6..6 Amphere Series Street Lighting Lamp or equivalent Lamp. 330.00 . Per Snit per Annum. Payment for all lighting services to be made in equal monthly instruments, each installment to be due and payable on or before the 20th. , of each month aucce&AWlg that in which the service is rendered. 7. The Contractor shall have the right with the consent of the Hoard of Public Works of the City, at any time during the life of this contract to install, operate and maintain in the place of the tamps herein provided for, and under the same terms and Conditions, other and more improved lamps in keeping with such advancement as may be made in the art of lighting, which lamps shall be of equivalent or greater illuminating power. 8. In authorizing or granting a permit to any person, firm or corporation to repair or cut into any street, alley or sidewalk in which said street lighting units and lines and cables supplying current thereto are located, the City shall require, as a condition to the granting of such permit, an agreement on the part of the applicant that such lines and cables and street lighting units will hot be interferred with in any manner wihtout notice to the Contractor. 9. All the covenants, expressions, terms, conditions, provisions and agreements herein shall extend to and be binding upon, or inure to the benefit of, as the case may be, each and every one of the successors or assigns of each of the parties hereto as if in every case so expressed. I0, This contract shall be in Rill force and effect from and after its approval by ordinance during and until the Ist. , day of January, I935, at noon, which is the date of the termination of a General Contract between the parties hereto for street Lighting. IN WITNESS WHEREOF, the said City of South Bend., Indiana, has caused its corporate seal to be hereunto affixed and this* contract to be signed by the Board of Public Works of said City and said Indiana & Michigan Electric Company has caused this contract to be duly executed, in duplicate, this day and year first written above, er Ao If. C , f Board of Publics^ of the City of South Bend, Indiana. INDIANA & MICHIGAN :;LECTRIC CO7 PANY BYae Vice-Tres Mgr. , dantractor.