The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1939-06-30

between seven hundred fifty (750) and
six hundred fifty (650) British thermal
units to the cubic foot, discount of
five per centum (5T).
(b) For said mixed gas delivered and
received during said period containing
between six hundred fifty (650) and five
hundred fifty (550) British thermal units
to the cubic foot, discount of ten per
(c) For said gas delivered and re-
ceived during said period containing less
than five hundred fifty (550) British
thermal units to the cubic foot dis
count of fifteen per centum 15%).
Nothing herein contained in this Sec
tion SHALL however, be construed as
permitting The Cincinnati Gas & Elec-
trio Company to permanently reduce the
supplied and delivered to the City of
Hamilton, Ohio, below the heat unit
quality as agreed to be maintained un-
der Section 5 of this ordinance
SECTION Wiz AS soon as practicable
after the end of each calendar month
The Cincinnati Gas & Electric Company
shall render bill to the City of Hamil.
ton, Ohio, for all gas delivered during
said month, and the City of Hamilton
Ohio, shall pay said bill within fifteen
G5) days after the rendition thereof
SECTION VIII: In the event litiga-
tion is instituted affecting the validity
Cincinnati Gas & Electric Company shall
agree to continue to supply and deliver
mixed gas to the City of Hamilton Ohio
to meet it's full requirements in the
operation of it's municipal gas plant
and system of gas distribution at the
same rate and upon the same terms and
conditions as are now provided for in
Section 3 hereof. Provided, however,
that if for any reason this ordinance
or the contract entered into pursuant
to this ordinance is by final Judgment
of court of competent jurisdiction de-
clared void, the City of Hamilton, Ohio
e. pfrip
Company forty-four and one-third cents
(441sc) for all mixed gas delivered from
July 21, 1889, to the date said final judg-
ment becomes effective as provided for
in this ordinance.
SECTION TX: The Cincinnati Gas &
Electric Company shall also agree not
to sell or dispose of any gas, mixed or
natural, to any person or corporation
other than the City of Hamilton, Ohio
located within the boundaries of said
City of Hamilton, Ohio, during the term
of the contract made pursuant to this
SECTION X: If either the City of
Hamilton, Ohio, or The Cincinnati Gas
e. Electric Company fails to perform any
obligation assumed under the contract
entered into pursuant to the terms of
this ordinance, and such failure is due
to a referendum election or elections on
this ordinance, or to acts of God, public
enemies, war, strikes, riots, injunctions
or other interferences through legal pro-
ceedings, breakage or accidents to ma
chinery or lines of pipes, washouts,
earthquakes, storms, freezing of lines
or wells, or any cause beyond control.
or as caused by the necessity of making
alterations or repairs to machinery or
lines of pipe, such failure shall not be
deemed to be a violation of the obliga-
tions arising hereunder, but each party
shall use due diligence at all times to
again put itself forthwith in position
to carry out all obligations assumed
Hereunder
SECTION NI: The Cincinnati Gas &
Electric Company shall secure the faith
full performance of the contract on it's
part by bond in the sum of One Hun
dred Thousand Dollars ($10o. 000.00).
with surety to be approved by Council
of the City, and approved as to form
by the Director of Law
SECTION XII: The contract entered
into pursuant hereto shall inure to, and
all of it's obligations shall be binding
upon any of the successors or assigns
of The Cincinnati Gas e. Electric Com
pany.
SECTION XIII: This ordinance shall
take effect and be in full force and eff
feet from and after the earliest period
allowed by law
Passed: June 81, 1899.
r. II. BURKE. Mayor.
Attest: ADELE EDMONDS.
Clerk of Council.
June 30-1t