The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1945-06-15


| Ohio, shall receive a discount on the
purchase price of the quantity of mixed
| gas delivered and received during said
aggregate 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:
! GAP 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 (5%).
(b) For said mixed gas delivered and
received during said period containing
between six hundred fifty (65O) and five
units to the cubic foot discount of
ten per centum G0%).
| ,(cl For said gas delivered and receiv-
ed during said period containing less
than five hundred fifty (550) British
! thermal units to the cubic foot, dis
count of fifteen per centum l15%l.
Nothing herein contained in this Sec
tion 6 shall, however, be construed as
permitting The Cincinnati Gas & Elec-
trio Company to permanently reduce the
heat unit quality Of the mixed gas to
Hamilton, Ohio, below the heat unit
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-
ton, Ohio, for all gas delivered during
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 litigation
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-
ditions as are now provided for in Sec
ton hereof. Provided however, that if
for any reason this ordinance or the con-
tract entered into pursuant to this or
dlnance is by final Judgment of a court
of competent jurisdiction declared void
the City of Hamilton, Ohio, shall pay
The Cincinnati Gas & Electric Company
forty-four and one-third cents (44hc)
for all mixed gas delivered from July 81,
1945, to the date said final judgment be-
comes effective, as provided for in this
ordinance.
SECTION TX: The rates provided here
in include no allowance for any tax which
may be imposed on The Cincinnati Gas
x Electric Company subsequent to De-
cember 81, 1871, by federal, state or 9TH
er 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
imposition by any governmental author
ity of any tax on the production, trans
mission, distribution or sale of gas on
a thousand cubic foot basis, the Com
pany shall have the right to increase
it's monthly charges for gas to the City
in an amount equivalent to the applica-
bic amount of such tax or taxes, calcu-
lated on the basis of the total number
of MC.F. supplied to City subsequent
to the effectice date of such new tax or
taxes; and in the event of the imposi-
me- a of
any new or additional tax on the basis
of a percentage of CompanyS gross
revenues derived from the supply of
gas to City, the Company shall have the
right to add a surcharge 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 City subsequent
to the effective date of such new tax or
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 effec-
tive date of such new or additional tax
If the Company is exempt from the
payment of such new or additional tax
or taxes on gas produced, transmitted,
distributed andIor sold to the City of
Hamilton or the revenues therefrom,
then this section shall not apply.
SECTION X: The Cincinnati Gas &
Electric Company shall also agree not
70 sell oi ulSpoSe VI any SdS, HiiAeu VI
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
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 q referendum election or elections on
this ordinance, or to acts of God, public
enemies war, strikes, riots, injunctionS
or other interferences through legal pro-
chinery or lines of pipes, washouts,
earthquakes storms, freezing of lines
wells, or any cause beyond control, or
as caused by the necessity of making
alterations or repairs to machinery or
lines of pipe, such failures shall not be
deemed to be 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 inure to, and
all of its obligations shall be binding
upon any of the successors or assigns
of The Cincinnati Gas & 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 6, 1945.
LEO ]. WELSH, Mayor.
Attest: ADELE EDMONDS,