Newark leader. ([Newark, Ohio]) 1917-1946, 1940-10-17

mains in. along and under the
streets, avenues, alleys ana pupllc
ways, constructed by The Newark
Consumers Gas Company. its sue
cessors and assigns, shall not III
any way interfere with the use
of said city or it's inhabitants of
such streets, avenues, alleys and
public ways or with the drainage
of said city or the maintenance or
construction of sewers or under-
ground fixtures of said city of any
kind or description.
Section 6. That, subsequent TO
the expiration of this ordinance,
or during the time this ordinance
shall be in effect should there be
a proceeding to fix a rate for gas
by either the City of Newark or
the gas company then serving, re-
sulting in controversy or htlga-
ton or hearing before. any com
mission, commissions or courts, or
legally constituted authority or
authorities, by virtue Whereol
there would be caused to be ac-
cumulated. or held, money collect
ed under the prior existing rate
or any temporary rate or rates es-
tablished during the pendency OF
any such proceeding, the distribu-
tion of which would be subject to
the final determination of pro-
ceeding to determine what should,
for the time in question, be a
reasonable rate, and, as result
it is found and decreed that a part
thereof should be refunded and re-
paid, to the gas consumers, as
their interests therein might APP
pear, and the party in charge of
said fund, or having the obliga-
tion to make such refund if such
party fails to locate any one or
more of the parties entitled to a
portion of such refund within a
period of five (5) years after the
event, all such money not refund
ed, because of inability to locate
the parties entitled thereto, shall
be, as soon after said five year
period as it may be reasonably
done turned and paid over to the
Treasurer of the City of Newark
rec eipt of the City of Newark
showing that said party or trus-
tee paid to said City the funds
coming into his hands that he was
not able to disburse, shall save
and hold free the gas company
from liability of any kind what.
any sums by said party or trus-
Section Z. That as a further
consideration for the grant con-
tanned in this ordinance said The
Newark Consumers Gas Company
is hereby required, and on accept
ance of this ordinance agrees,
during the continuance of the
grant contained in this ordinance
and during any controversy, pro-
ceeding or litigation to fix rates
after the expiration of this ordin-
ance or during the time this or
dinance shall be in effect, to sup
ply meters, for measuring gas, to
the inhabitants of said city who
shall at any time be domestic and
commercial users of the gas furn-
ished by it, free of charge, and to
keep the same in repair at it's own
proper charge and expense.
Section 8. That, as further
consideration for the grant con-
tanned in this ordinance, said gas
company, it's successors and as
signs, is required to, and on ac-
ceptance of this ordinance by it
agrees, that during any contro-
versy, proceeding or litigation to
fix rates before any commission,
commissions, legally constituted
authorities or courts to furnish
natural gas to consumers thereof,
as specified in this ordinance and
at the same rates and of quail
ity and pressure consistent with
general usage and custom.
Section 8. That, as further
consideration for the grant con-
tanned in this ordinance said gas
company it's successors and as
signs agrees that during the pc
riod of this grant any extension
hereof and Turing any period
thereafter of any controversy pro-
ceeding or litigation to fix rates
before any commission commits
sions, legally constituted authori-
ties or courts to furnish natural
gas to consumers thereof as spec
flied in this ordinance. at the same
rates and of quality and press
ure consistent with general usage
and custom. In this respect said
gas company agrees that nothing
herein shall be construed to
abridge the jurisdiction of the
Public Utilities Commission of the
State of Ohio concerning any ques-
tion involving or pertaining to
the question of .the quality and
pressure of gas furnished, subject
to such appeal to any court or
courts as may be allowed by the
laws or courts of the State of
Ohio or any court of the United
Section 10. That the Newark
Consumers Gas Company pay all
costs and expense of the publica-
tion of this ordinance.
Section IL. This ordinance shall
take effect and be in force from
and after the earliest period al
lowed by law.
Passed October 7, 1910.
CLINT e. CONFER.
President of Council.
Attest-F. A. McELROY,
Clerk of Council.
Approved by the Mayor this Sth
day of October, 1910.
GLENN WRIGHT,
Mayor
Date filed with the Mayor, Octo-
ber s, 1910 o 1917