Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1861-07-04
No 70. AN ACT.
To provide for leasing the Public Works Of
the State. {

NO 10. AN AS1s
To provide for leasing the Public Works Of
the State. q
Be It enacted by the General Assensbly
of the State of Ohio, as follows:
SEcTNN 1. That the governor. auditor and
treasurer of State be and they are hereby au-
thorized and required as hereinafter provided,
to lease, for the term of ten years, from the day
of approval of the bond herein required, the
public works of the state, consisting OF the MI
anna and Erie canal, Ohio canal, Walhonding
canal, Hooking canal, Sandy and Beaver canal,
Muskingum Improvement and Western Reserve
and Maumee road, and all the side-cuts, feeders,
reservoirs lock houses, collectors Offices, weigh
locks and leases of surplus water connected
with the same appertaining thereto, and owned
by the state, for the purpose of being used in
connection Herewith, with the right to have ad-
ditional surplus wafer; and all moneys derived
from the leasing Of said public works shall be
paid into the treasury of the state.
Sec. 2. Immediately after the passage Of
this act, the said governor, auditor, and treasur-
er shall advertise the said public works. with
their appurtenances, as specified In the first
section of this act TO be let for the term Of ten
years, at public auction, in the rotunda of the
state house, in the city of Columbus, between
the hours of 10 o'clock, A. NJ, and 4o'clock,
p. NJ, of the day of letting. which shall be on
the twenty-ninth day of May, A. D., 1861; and
said advertisement shall be published in two
newspapers printed. and of general circulation.
in each of the cities of Cincinnati, Cleveland,
Dayton, Columbus, Toledo and GAINESVILLE,
which advertisement shall be continued in the
papers aforesaid until the time of said letting,
and shall describe the works to be let, specify
the time and place of letting the same. ard the
terms upon which said works are to be let
And the said governor, auditor, and treasurer,
on the said twenty-ninth day of May, A. D.
1861, and between the hours Of 10 o'clock A. M.
and a o'clock p. NJ, thereof, and at the place
aforesaid, shall proceed, at public auction, to
let said public works, for the term of ten years,
as aforesaid, to the person or persons who, in
consideration of the tolls, fines, water rents and
revenues to be derived therefrom; shall bid to
pay the highest annual rent therefor, to be paid
in semi-annual payments, in advance, in each
year during the term lease: Provided, that no
bid shall be received unless the person or per-
sons making the same shall have first desposit-
ed with the auditor of state, in money or in
stocks of the State of Ohio, or of the United
States the sum of twenty thousand. upon the
conditions following, to-wit: That he. or they
will, on their part, enter into an denture, ,oflease
of said public works with the State of Ohio, if
the same shall be struck off to him or them, and
also give a bond payable to the State of Ohio.
in the sum of two hundred thousand dollars,
with five or more sufficient sureties, TO the sat-
isfactien of the governor, auditor and treasurer
of state, and renewable every two years, ar Oft
ener if the governor, auditor and treasurer of
state shall think the sureties at any time insult
feient, conditioned, that the said lessee or
lessees shall perform all the covenants of said
lease on their part TO be performed, and will
pay all damages suffered by the state or indi-
viduals, by reason of his or their failure to do
so; and in default of said lessee or lessees en-
r -
said bond, the deposite SO made as aforesaid
shall be absolutely forfeited TO and become the
property of the state: and, provided further,
that no railroad company shall in any manner
become party to said bids or be interested there
in or in said lease and itshal be unlawful for the
lessee or lessees of said public works, or their
assigns, during the term of laid lease, 10 sell or
assign the same or any interest therein, 10 any
railroad company or to any trustee, agent, or
other person for or in behalf of any railroad
company; and all assignments so made shall be
null and void; and. provided further, that said
public works shall not be let for an annual rent
of less than twenty thousand dollars.
Sec. 3, The person or persons who shall be |
the successful bidders at such letting, shall |
within Eve days thereafter, enter into an iden-
ture of lease with the State of Ohio, which |
shall be executed BY the governor in behalf of
the State, and which shall contain all the COW
between the parties, required by this act, or
necessary to carry out its provisions, and with
In the same time said lessee or lessees shall ex-
ecute and deliver the bond mentioned in the |
proceeding section: Provided, that if the sue |
cessful bidder or bidders shall fail within five
days to enter into said indenture, and to deliver
said bond, then the governor shall give notice |
of another letting and appoint day not less
than two weeks nor more than three weeks |
thereafter, when he will receive bids in sccor-
dance with the provisions of this act: Provi |
ded further, that the annual rent shall not be |
less than twenty thousand dollars.
Sec. A. 1t shall be the duty of the attorney |
general Immediately after the passage of this |
act to prepare the form of bond and indenture |
of lease herein required; and it shall be part |
of the contract between the lessee or lessees |
and the State; that the lessee or lessees shall |
pay the rent aforesaid at the time specified in |
his or their lease, and shall faithfully perform
I'll the legal contracts of the State of the term
aforesaid contained in the water leases on said
public works, or on leases of ground for col
1ectors, offices or Lighthouses, and all arrange
ments or agreements entered into by the State
of Ohio, for the acts of the general assembly or
otherwise, with any person, or persons state,
corporation or company, or with the United
States, relating to said public works, during
the term aforesaid, and shall at all times, when
Inc sestSon VIII permit, ana tnel wafer Is not
necessarily drawn out of said public works, for
repairs or new construction, or when said works
are not obstrueted by ice or by reason of some
unavoidable breach in some structure of SAID
works, or other casualty ,or on account Of search
ty of water caused by drought, keep the same
IN good and proper condition and repair, for
prompt, speedy, and successful navigation by
all boats not drawing more than three feet of
water, and shall, from time TO time, make all
necessary and proper repairs and reconstruetions
as the board may require, and under the direc-
tion of the board, or an engineer appointed by
said board, so as to keep said public works. in
good and proper condition of repair, and deliv-
er up said public works to the Stale of Ohio at [
the termination of said lease in like good condi-
tion; but no change of plan or materials q
shall be required which shall make the works f
expensive than the old plan or materials used; (
and all such repairs shall be made at the time
determined upon by said board, and after @
reasonable notice of the same shall be given by i
the board to said lessee or lessees; and the les
see or lessees of said public works shall per- u
NIT all persons TO navigate said canals or travel
upon said road, making no distinction in tolls s
charged or privileges granted in favor of anv / p
person or company. And the rates of toll a
charged on the canals shall in no case exceed c.
hose adopted by said board in their toll sheet Il
Of 1858, nor on said road the rate adopted bv Il
aid board in 1853. 50 as : -
Sec. 5. nsaid lessee or lessees shall NOT ful. n
i'll all the covenants contained in said lease by
lim or them to be performed, the said lease N
nay be forfeited at the option of the board of n
,ublic works; in case said board shall declare al
forfc tod &c, II Il / 4