The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1943-06-25

quality as agreed to be maintained un-
der Section of this ordinance.
SECTION VII: AS soon as practicable
after the end of each calendar month,
| The Cincinnati Gas & Electric Company
shall render bill to the City of Hamil-
said month, and the City of Hamilton,
Ohio shall pay said bill within fifteen
(15) days after the rendition thereof.
SECTION VIII: In the event litaga-
| tion is instituted affecting the validity
! of this ordinance or said contract, The
! Cincinnati Gas & Electric Company shall
agree to continue to supply and deliver
mixed gas to the City of Hamilton, Ohio,
to meet its full requirements In the op-
GRAFTON of it's municipal gas plant and
system of gas distribution at the same
rate and upon the same terms and con-
dttions as are now provided for in Sec
tlon 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
the City of Hamilton, Ohio, shall pay
The Cincinnati Gas q Electric Company
forty-four and one-third cents (44-1/3c)
for all mixed gas delivered from July 21,
1913, to the date said final judgment
becomes effective, as provided for in
this ordinance.
herein includes no allowance for any tax
which may be imposed on The Cincin-
natl 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, dis
percentage of the Company's gross reve-
nues derived from rendition of gas serv-
ice to the City of Hamilton. In the event
of the imposition by any governmental
authority of any tax on the production,
transmission, distribution or sale of gas
on thousand cubic foot basis, the
Company shall have the right to in
crease it's monthly charges for gas to
the City in an amount equivalent to the
applicable amount of such tax or taxes,
calculated on the basis of the total
number of NJ c. +. supplied to City SUBJ
sequent TO the effective date of such
new tax or taxes; and in the event of
authority Of any new or additional tax
on the basis of percentage of Com
supply of gas to City, the Company shall
have the right to add a surchage to it's
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 the City
subsequent 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
taxes,
If the Company is exempt from the
payment OF such new or additional tax
or taxes on gas produced transmitted,
Hamilton or the revenues therefrom
then this section shall not apply.
SECTION x: 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,
City of Hamilton, Ohio, during the term
of the contract made pursuant to this
ordinance.
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 a referendum election or elections on
this ordinance, or to acts of God, public
enemies, war, strikes riots, injunctions
or other interferences through legal
proceedings, breakage or accidents to
machinery or lines of pipes, WashoutS,
earthquakes, storms, freezing of lines
or wells, or any cause beyond control,
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 there
under.
SECTION XII: The contract entered
into pursuant hereto shall insure to,
and all of its obligations shall be bind
ing upon any of the successors or as
signs of The Cincinnati Gas q Electric
Company.
SECTION XIII: This ordinance shall
take effect and be in full force and eff
feet from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio.
Passed: June 16, 1943.
LEO J. WELSH, Mayor
Attest: ADELE EDMONDS,
City Clerk.
June 25--1t.