The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1946-10-24

or purchasers at judicial sale upon foreclosure
OF the mortgage on the electric light plant
and system of the Village Of Bluffton, and
any person, association of persons, partner
ship or corporatioH 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 corporationI and their heirs. executors
admI1ls5rators; gn91sI9tf successors and assigns
sECIlON u. The grantee is hereby grant
ca ana given the right for the full period OF
twenty t20) years from the date Of the TAX
ing effect Of this Franchise. which shall be
on lne Confirmation of any judicial sale on
foreclosure of said mortgage upon the elec-
trio system of the village, 10 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 lin
its OF the village and domestic and private
purposes.
SECTION G. The grantee is also granted
the right and privilege for and during said
period OF twenty t201 years to erect, lay ana
maintain in and under the streets. lanes. pub
lie alleys and public places of the village and
in the vicinity thereof poles, posts, piers, alb
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-
TEN, shall not unnecessarily interrupt or OBJ
struct the use of any street lane alley or
public place, and before commencing mainten-
ance or repair work of any kind shall obtain
a 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, distractions 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 en-
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 itemzed bills
of the cost thereof, which bills shall be paid
by the grantee within ten days after the re-
ceipt thereof.
All work done under the rights and privi-
leges 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 use 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
affect any sewer drain, water pipe or gas
pipe which has been constructed or which
may hereafter be constructed by or under
the authority of the village.
SECTION Z. The grantee shall install on
its primary distribution circuits devices for
sectionalizing the said circuits in such man
ner as to eliminate the necessity of interrupt
ing service TO the entire circuit because of
defects trouble existing in one part there
of, and shall conform to such rules and reg
ulations regarding voltage conditions as 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 F. The grantee shall perform
all future pole line construction in a good
worhmanlike manner, conforming TO the
rules and regulations promulgated by the
Public Utilities Commission of Ohio for such
construction, and shall temporarily rearrange
or remove at all reasonable times such of it's
wires where the same cross a public highway
as may interfere with the free use of said
highway for any purposes provided, however,
the expense of such temporary rearrangement
or removal shall be repaid to the grantee by
the person or persons recurring the same,
the grantee shall, in accomplishing any such
temporary rearrangement 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 of 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
a period of not less than one year.
SECTION III. The grantee shall furnish
without charge and expense wire space on
such OF its poles as are necessary for use by
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 may exist st 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
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 n person to act arbitrator on its
part, and within thirty (30) days after the
village receives notice of the appointment of
the grantees arbitrator, the Mayor of the vii
age. 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 a majority of
the Judges of said court, and the arbitrator
appointed by said court shall act chair
man of the Board of Arbitrators 80 consti-
tuted. Such Board of Arbitrators shall organ
ize Immediately after the appointment of the
third arbitrator and proceed with due dill
gence TO hear such evidence as the village
and the grantee may care to present relating
to the electric rates. The determination, in
writing, by said Board of Arbtrators upon
the question when submitted to them. 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 a majority
thereof but in no event shall the fee allowed
Cn1I0 .fxr nzIl. Hasv
Either in the negotiations between the vii
lage and grantee in any procedure before
the Board of Arbitrators the rates to be es-
tablished shall be determined by the follow
ing considerations:
(a) Providing a revenue that will yield
an annual return of approximately $50 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