Walkerton Independent, Volume 82, Number 43, Walkerton, St. Joseph County, 24 September 1959 — Page 8

- WALKERTON INDEPENDENT — Sept. 24, 1959

LEGAL NOTICES NOTICE TO TAXPAYERS Public notice is hereby given that the Board of Trustees of the Town of Walkerton, County of St. Joseph, Indiana, desiring to enter into a franchise, grant and contract to and with Northern Indiana Public Sendee Company, did, at a meeting of said Board of Trustees determine the exact form in which said franchise, grant and contact is to be finally adopted, which form is as follows: GAS FRANCHISE THIS AGREEMENT, made this day of 19 ,' by and between the in the county of ,Indi-' ana, acting by and through its (hereinafter called the “MUNICIPALITY”),! party of the first part, and NORTHERN INDIANA PUBLIC SERVICE COMPANY, an Indiana! corporation (hereinafter called the! "GRANTEE"’), party of the second part, WITNESSETH: Section 1, The Municipality hereby grants unto the Grantee, its successors and assigns an indeter-} minate permit, franchise, right and privilege to lay, install, replace, renew, repair, maintain, enlarge, extend and operate in, along, upon 1 and under any and all of the streets, alleys, commons, bridges and other public places within said

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.Municipality, within its present land future corporate limits gas mains, pipes, manholes, and all I necessary feeders, service pipes and other appliances and structures convenient or proper for the purpose of supplying and furnishing the Municipality, the inhabitants thereof, and the public in general with gas for their convenience and welfare, for heat, light and power and for domestic, commercial, industrial and all lawful uses, including the right to carry and transmit the same through I said facilities to territory beyond I said Municipality, without charge ।or license fee therefor, subject to all reasonable police regulations । now or hereafter adopted by said Municipality, pertaining to the use of its streets, alleys and public .places. Section 2. In exercising the rights granted hereunder, the !Grantee shall obstruct the streets, ! alleys and public places to such ! extent only as shall be reasonably necessary. Section 3. The Grantee may make all necessary excavations {and openings in the streets, alleys and other public places of the Municipality for the purposes aforesaid and when making such ,excavation s and openings, shall, by signal, guards, barricades or otherwise protect the public from injury to persons and property.

I and shall save and hold the Muni- ’ cipality harmless from all damages, costs and expenses which the Municipality may be compelled to pay proximately caused by the default, carelessness or neglect of the Grantee in the construction, maintenance and operation of its 1 system hereby authorized, provided the Municipality shall promptly notify the Grantee of any claim or । suit made or brought against the! Municipality and cooperate in the! defense thereof. The Grantee shall । restore all streets, alleys and pub-} lie places opened by it for the pur-} ( poses aforesaid to as nearly asj ! practicable the same order and} J condition as the same were in be-1 , fore such opening. Section 4, Upon completion of. said system, Grantee shall use all; reasonable diligence and precaution to furnish and maintain a regular, I adequate, dependable and uninter- ■ rupted supply of gas to said Mu- { nicipality and the inhabitant thereof, but Grantee shall not be, liable for any damage occurring to said Municipality or any customer 1 in consequence of any failure to I supply gas, if such failure is with-! out default or neglect on the part 1 of Grantee, or when such failure' is due to acts of God, strikes,' lockouts, acts of public enemy, wars, blockades, insurrections, ri-! ots, epidemics, landslides, lightning, : earthquakes, fires, storms, floods i washouts, line freezups, temporary I failure of gas supply, arrests and । restraints of rulers and peoples,; ■civil disturbances, explosions, nee-' pessary repairs, accident or break-' j age or injuries to machinery, 1 j equipment, lines of pipe, transmisIsion or distribution lines or system/ delays of any common carrier, de-, fault of any connecting utility, pipe line company .natural gas company or supplier of gas. judicial

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■ process .the binding order of any . court or governmental authority, state or municipal interference, or other causes whether of the kind herein enumerated, or otherwise, . not within the control of the Grantee. Section 5. This franchise agreement shall constitute an indeterminate permit under and pursuant to the terms and provisions of the । Public Service Commission law of [the State of Indiana and in the event of the repeal of said law, {this franchise agreement shall ex{tend for and during the term of j twenty-five years from and after ithe date that the repeal thereof I becomes effective. The gas shall be .furnished and sold to said Municipality and its inhabiitants at }such rate Or rates as may from (time to time bo shown on the j schedule on file with the Public Service Commission of the State of Indiana, or in accordance with the laws of the State of Indiana. In case of lawul change in the I schedule of rates, the rate legally' applicable shall thereafter be ।charged. I Section 6. This agreement and । all of its terms and provisions shall ! inure to the benefit of and be obliIgatory upon the parties hereto and 'the successors and assigns of the i parties and shall be in full force and effect from and after the date ।of its being approved by an ordi- } nance duly adopted by said Municipality. Section 7. If Grantee does not j install a distribution system within said Municipality within two years from the date this agreement takes effect, the Munnicipality may ter- , minate this agreement by giving , the Grantee written notice that un(less the Grantee installs such distribution system within one year from the date of giving said notice

vrihis agreement shall torndnate at , the end of said one year period, rjbut if the installation work is in 11 progress at the end of said one year period, this agreement shall e remain in full force and the I Grantee shall finish the work with- . I in a reasonable time. TN WITNESS WHEREOF the 1 parties hereto have executed this J instrument the day and year first f above written. 5 INDIANA . By I f I j । t' > ATTEST: • S;.. .. ... Clerk : NORTHERN INDIANA PUBLIC i SERVICE COMPANY By , — Its President ’ ATTEST: , Its Secretary 1 Public notice is further given 1 that said Board of Trustees did ’ also fix the- time at which said I franchise, grant and contract shall ' be finally considered as the 20th ' day of October. 1959, at the hour ; of 8:30, p. m„ at the regular meet- ’ ing place of said Board of Trustees in the Town Hall in said Town, at which tinje ^pd place a public hearing will be held and any taxpayer of said Town may appear and file protest against any and all of the provisions .of said franchise, grant and contract. ROBERT R. AWALD President of the Board-of Trustees ATTEST: WAYNE L. COVER Clerk