The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1946-06-14


City of Hamilton, Ohio sixty days writ
under said contract, based upon mix
ture Of one part natural gas and one
part coke oven gas, which shall be so
Company SO as to contain not less than
eight hundred 5000 British thermal
units to the cubic foot at the establish
ed point Of delivery; and for All mixed
the City Of Hamilton, Ohio, under said
contract based upon said mixture Of
one part natural gas and one part coke
hundred 5000 British thermal units to
the cubic foot at the established point
of delivery. the City of Hamilton, Ohio,
shall pay The Cincinnati Gas Electric
half (41 hc) cents for each one thousand
G,000) cubic feet of said mixed gas de-
livered in the manner herein provided.
Nothing herein contained. however.
shall confer upon or give the City of
Hamilton, Ohio, the option or right to
require The Cincinnati Gas & Electric
Company to supply and deliver mixed
gas under said contract other than mix
ed gas based upon the proportion of two
parts natural gas and one part coke
oven gas, as provided for in Section 2
of this ordinance.
SECTION vi: In case the mixed gas
composed of one part natural gas and
one part coke oven gas provided for
in Section of this ordinance as deliv-
eTeu 10 anu TeceIVoQ Dy the ClCy Oh HAM
ilton, Ohio. for an aggregate period of
seventy-two CID hours or more, in any
calendar month contains heat unit
quality of less than seven hundred fifty
75O) British thermal units to the cubic
foot at the established point of delivery,
then and in that event the City of Ham
ilton, Ohio, shall receive discount on
the purchase price of the quantity of
mixed gas delivered and received dur
ing said aggregate period of seventy
two hours or more, which the heat unit
quality shall be less than seven hundred
fifty 75O) 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 T5O and
six hundred fifty (65O) 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 l650) and five
hundred fifty $500 British thermal
units to the cubic foot, discount of ten
per centum G0%).
ed during said period containing less
than five hundred fifty $500 British
thermal units to the cubic foot, dis
count of fifteen per centum I5%).
tion shall, however, be construed as
permitting The Cincinnati Gas & Elec-
trio Company to permanently reduce the
heat unit quality of the mixed gas to
of 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 a 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
G5) days after the rendition thereof.
SECTION VIII: In the event litiga-
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 it's full requirements in
the operation of it's municipal gas plant
and system of gas distribution at the
same rate and upon the same terms and
conditions as are now provided for in
Section 8 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 of competent jurisdiction de-
shall pay The Cincinnati Gas G. Electric
Company forty-four and one-third cents
(44hc) for all mixed gas delivered from
July 81, 1916. to the date said final judg-
ment becomes 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
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
imposition by any governmental author
ity of any tax on the production, trans
mission, distribution or sale of gas on
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 appli-
cable amount of such tax or taxes, cal
culated 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 i'm
position by any governmental authority
Of any new or additional tax on the
revenues derived from the supply of
gas to City, the Company shall have the
right to add surcharge to its monthly
bills for gas hereunder in the amount
new or additional tax or taxes on all
gas service supplied to 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 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 and/or 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
to sell or dispose of any gas mixed or
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 XII: 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 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
alterations or repairs to machinery or
lines of pipe, such failures shall not be
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