The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1942-06-26

/ shall receive a discount on the purchase
! price of the quantity of mixed gas de-
! livered and received during said aggre-
/ gate period of seventy two hours or
more, which the heat unit quality shall
/ be less than seven hundred fifty (750)
/ British thermal units to the cubic foot,
! as follows:
(a) For said mixed gas delivered and
/ received during said period containing
| between seven hundred fifty (750) and
six hundred fifty (650) British thermal
units to the cubic foot discount of five
| per centum (jM).
(b) For said mixed gas delivered and
received during said period containing
/ between six hundred fifty (650) and five
hundred fifty $500 British thermal units
to the cubic foot, discount of ten per
! centum (10%).
(c) For said gas delivered and re-
| ceived during said period containing less
! than five hundred fifty (350) British
! thermal units to the cubic foot dis
| count of fifteen per centum G5qo).
Nothing herein contained in this Sec
tion 6 shall, however be construed as
| permitting The Cincinnati Gas & Elec-
tric Company to permanently reduce the
| heat unit quality of the mixed gas to be
Hamilton, Ohio, below the heat unit
quality as agreed to be maintained under
Section of this ordinance
! SECTION VII: As soon as practicable
The Cincinnati Gas & Electric Company
| shall render bill to the City of Hamfl-
| ton, Ohio for all gas delivered during
said month, and the City of Hamilton,
| Ohio, shall pay said bin within fifteen
| (l5) days after the rendition thereof.
SECTION VIII: In the event litigation
/ is instituted affecting the validity of this
ordnance or said contract, The Cincin-
natl Gas K Electric Company shall agree
! to continue to supply and deliver mixed
gas to the City Of Hamilton, Ohio, to
/ me "a fl11 & in he
! tion of its municipal gas plant and SyS-
tenn of gas distribution at the same rate
and upon the same terms and conditions
as are now provided for in Section
! hereof. Provided, however, that if for
any reason this ordinance or the contract
entered into pursuant to this ordinance
/ is by final judgment of a court of COM
petent Jurisdiction declared void, the
] City of Hamilton, Ohio, shall pay The
/ CINCINNATI Gas Electric Company for
! ty-four and one-third cents (4415c) for
all mixed gas delivered from July 21
] 1912, to the date said final judgment be-
comes effective as provided for in this
! ordinance.
SECTION TX: The rates provided
4 herein include no allowance for any tax
which may be imposed on The Cincinnati
/ Gas & Electric Company subsequent to
! December 81, 1941, by federal, state or
other governmental authorities, on the
] basis of the number of thousand cubic
/ feet produced transmitted, distributed
/ or sold, or on the basis of a percentage
| of the Company's gross revenues derived
/ from rendition of gas service to the City
of Hamilton In the event of the imposi-
| tion by any governmental authority of
any tax on the production, transmission,
1 distribution or sale of gas on thousand
cubic foot basis, the Company shall have
the right to increase its monthly charges
! for gas to the City in an amount equiv
alent to the applicable amount Of such
| tax or taxes, calculated on the basis of
| the total number of M. c. F. supplied to
City subsequent to the effective date of
! such new tax or taxes; and in the event
of the imposition by any governmental
! authority OF any new or additional tax
on the basis of a percentage of Com
pany's gross revenues derived from the
! supply of gas to City, the Company shall
! have the right to add a surcharge to its
monthly bills for gas hereunder in the
amount equivalent to the total amount
| of such new or additional tax or taxes
on all gas service supplied to City sub
sequent to the effective date of such new
tax or taxes.
Upon the adoption of such new tax
| measures by federal, state or other gov
! ernmental authorities, the Company will
| Immediately advise the City the effective
date Of such new or additional tax or
4 taxes.
If the Company is exempt from the
4 payment of such new or additional tax
or taxes on gas produced, transmitted,
distributed and/or sold to the City of
Hamilton or the revenues therefrom,
then this section shall not apply.
SECTION Y: The Cincinnati Gas &
Electric Company shall also agree not to
sell or dispose of any gas, mixed or nat
ural 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 ordi-
nance.
SECTION XI: If either the City of
Hamilton Ohio, or The Cincinnati Gas &
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 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 alter
ationS or repairs to machinery or lines
of pipe, such failure shall not be deemed
to be violation of the obligations aris-
ing Hereunder, but each party shall use
itself forthwith in position to carry out
all obligations assumed hereunder
SECTION XII: The contract entered
into pursuant hereto shall nure to, and
all of its obligations shall be binding
upon any of the successors or assigns of
The Cincinnati Gas q Electric Company.
SECTION XIII. This ordinance shall
feet from and after the earliest period
| allowed by law.
Passed: June II. 1912.
: LEO j. WELSH, Mayor.
) Attest: ADELE EDMONDS,
: City Clerk
June 26-1t