The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1946-10-17


of business and in a minimum amount Of the
fuii insufabie value of the public utility,
nayaDle 70 the trustee thereof as its interest
nlay appear Inc lien of said mortgage snail
be limited 10 the bonds herein authorized to
be issued and such other bonds may be
author1zea under the terms and conditions
SET @ I1rrn IN Section OF this ordinance.
SECTION IL. In the event of the fore
closure OF the mortgage provided for in the
preceuing section, the purchaser or purchasers
at such foreclosure sale shall be entitled to
operate said electric light plant and system
as improved or extended under the terms OF
tne following franchise. which Is hereby or
dained and established to take effect immedi-
ateiy upon the confirmation of such fore
closure sale. to-wit:
FRANCHISE TO MAINTAIN AND
OPERATE AN ELECTRIC SYSTEM IN
FOR THE PURPOSE OF SUPPLYING
THE VILLAGE AND IT'S INHABITANTS
WITH ELECTRIC ENERGY FOR LIGHT,
H511 T6 FIX Anp FHr PoWEg P9RP9SEsi m ANg
UNDER WHICH SAID FRANCHISE
Shat SHALL BE OPERATED AND CoNDUC-
SECTION A. Hereafter when the word
grantee appears in this franchise, it shall
be held to mean and include the purchaser
or purchasers at judicial sale upon foreclosure
OF tne mortgage on the electric light plant
and system of the Village of Bluffton, and
any person, association of persons partner
ship or corporation who shall. upon such
foreclosure. become an owner of said public
utility, and this franchise shall inure to the
benefit of such person, association, partner
ship or corporation and their heirs executors
administrators, SUCCESSORS and assigns
SECTION B. The grantee is hereby grant
cd and given the right for the full period of
twenty tzo) years from the date OF the tax
on the confirmation of any judicial sale on
foreclosure of said mortgage upon the cleo
trio system of the village, to operate and
maintain an electric system for the purpose
of supplying the village and its inhabitants
with electric energy for light, heat and
power purposes. including the lighting of the
village streets, squares and other public
places, within and without the corporate linn
its OF the village and domestic and private
purposes.
SECTION C. The grantee is also granted
the right and privilege for and during said
period OF twenty t20) years TO erect, lay and
maintain in and under the streets lanes, pub
lie alleys and public places of the village and
IN the vicinity thereof poles. posts, piers, ab-
utments, pipes, conduits. manholes and other
necessary and suitable fixtures and appa-
ratus necessary or convenient for the efficient
and economical operation of said electric sys-
tenn. Such right and privilege shall be sub
ject to such reasonable regulations, which
may now or hereafter be provided by the
village, or by the laws of the State OF Ohio.
in relation to the use of said streets. lanes,
public alleys and public places.
SECTION ID. The grantee, in the mainten-
ance' repair or extension of said electric sys-
tenn, shall not unnecessarily interrupt or OBJ
strlct the of any street, lane, alley or
public place. and before commencing mainten-
ance or repair work of any kind shall obtain
permit as required by the ordinances of the
village, and any new construction operation
shall first be submitted to the engineer for
the village and BY him approved before the
commencement of such new construction.
When any streets lanes alleys or public
places are entered upon, facilities removed
therefrom, the grantee shall restore the same
to their original condition. and shall clear all
public places of dirt obstructions and any
thing that might constitute a nuisance or pre-
vent such street. alley or public ground from
being open and in repair. Such restoration TO
original condition shall be made by the grant
ee under the supervision and control of the
gineer for the village who shall determine
what part, If any, of such work shall be done
by the village and charged to the grantee.
Upon the doing of any such work the village
shall furnish the grantee with itemized bills
of the cost thereof. which bills shall be paid
by the grantee within ten days after the
cept thereof.
All work done under the rights and privi-
ieges conferred by this franchise shall be
done in the most careful and workmanlike
| manner SO not to materially interfere with
| or obstruct more than is absolutely necessary
| for proper perfecting of said work. the con-
venient and travel by the public upon
| and along that portion of the public property
| in which said work is being conducted. nor
| in any manner whatever to interfere with or
| pipe which has been constructed which
| may hereafter be. constructed by or under
| the authority of the village.
SECTION e. The grantee shall install on
| sectionalzing the said circuits in such man.
ner as to eliminate the necessity of interrupt
/ ing service to the entire circuit because of
defects or trouble existing in one part there
l of. and shall conform to such rules and reg
i ulations regarding voltage conditions are
now or may. from time to time. be promul.
/ gated by the Public Utilities Commission of
/ Ohio for the delivery to consumers of electric
| energy.
| SECTION r. The grantee shall perform
/ all future pole line construction in a good
| rules and regulations promulgated by the
| Public Utilities Commission of Ohio for such
construction. and shall temporarily rearrange
| or remove at ali reasonable times such of its
wires where the same cross a public highway
as may interfere with the free of said
| highway for any purposes provided, however.
| the expense of such temporary Encouragement
| or removal shall be repaid to tho grantee by
| the person or persons requiring the same.
| the grantee shall. in accomplishing any such
| temporary rearrangement or removal, use its
| best endeavors to avoid interruption of SER
vice to its customers.
SECTION G. The grantee at any time dur
| ing the life of this franchise, shall extend its
| pole lines not in excess off one pole line Sec
| ton of $50 feet from its nearest service in
order to supply any applicant for electric
service who shall desire the said service for
| period of not less than one year
SECTION II. The grantee shall furnish
| without charge and expense wire space on
| the village for the purpose of carrying the
municipal fire alarm or police signal wires.
SECTION l. The grantee shall remove all
poles not carrying electric circuits or wires
SECTION J. The grantee shall at all times.
| be subject TO the regulations imposed by the
| laws of the State of Ohio, and such general.
| reasonable, regulatory ordinances OF the vii
| lage as may exist at the effective date of this
| franchise or which shall thereafter be adop-
/ ted. The rates for electric service charged
| during the life of this franchise shall be
| such as may be agreed upon between the
grantee and the village. In the event the
| grantee and the village shall be unable to a
| gree upon a rate or rates. the grantee shall
| designate person to act as arbitrator on its
| part, and within thirty l30) days after the
village receives notice of the appointment of
| the grantees arbitrator. the Mayor OF the VII
| lage. with the approval of the village council.
| shall name a person to act as an arbitrator
| on the part of the village The third arbitra-
| tor shall be appointed by the Court of APP
peals for Allen County, or by majority of
| the Judges of said court, and the arbitrator
appointed by said court shall act as chair
| man of the Board of Arbitrators so consti-
tuted. Such Board of Arbitrators shall organ
| ze Immediately after the appointment of the
third arbitrator and proceed with due dill
gence to hear such evidence the village
| to the electric rates The determination, in
writing, by said Board of Arbitrators upon
| the question when submitted to them, as afore-
said, shall be final and binding. The cost of
| such arbitration shall be met equally by the
village and by the grantee. In the event the
fee of the arbitrators cannot be agreed upon
It shall be fixed by the Judges OF the Court
OF Appeals for Allen County or by majority
thereof but in no event shall the fee allowed
exceed Twenty-Five Dollars ts25.o0) per day.
Either in the negotiations between the viii
lage and grantee or in any procedure before
the Board of Arbitrators the rates to be es-
tablshed shall be determined by the follow
ing considerations:
(a) Providing a revenue that will yield
an annual return of approximately 6e6 on the
actual cost of the utility to the grantee at
foreclosure sale including a reasonable allow
ance for depreciation plus the cost of such
betterments, improvements and extensions as
may be required or approved by the village
tb) Operation by the grantee of the utility
under sound business methods and keeping
nnafnfinr. int and other RNnandi-