Ottawa County news. (Port Clinton, Ohio) 1931-1956, 1948-08-20

SCRIBE THE TERMS AND CON,
DITlONS UNDER WHICH SAID
OPERATION SHALL BE CON
QUOTED.
Section A: Hereafter when the
word grantee" appears In this
franchise, it shall be held to mean
and include the purchaser or pur-
chaSers at judicial sale, upon fore
closure Of the General Mortgage on
the waterworkS system Of the viii
iage of Port Clinton securing the
Water Works Extension Mortgage
Revenue Bonds of said village, and
any person, association OF persons,
partnership or corporation who
shall, upon such foreclosure. become.
the owner of said public utility by
assignment from said purchaser,
provided that said purchaser shall
give the written notice required by
Section | OF Ordinance No. 352, il SO
required and this franchise shall
inure 10 the benefit of such person,
association, partnership or corpora
tion and their heirs, executors, ad
ministrators, successors and assigns.
Section Il: The said grantee is
hereby granted the right for the full
period Of twenty years from the
date of the final confirmation of
such judicial sale on foreclosure of
crate and extend upon, along and
under the streets, lanes, alleys,
avenues and other public thorough
fares and public property OF the VII
lage of Port Clinton in the County
of ottawa and State of Ohio, with
the fun and necessary privileges for
the use Of the streets, lanes, alleys,
avenues and other public thorough
fares or property for the purpose of
constructing, erecting, maintaining,
operating and extending water
mains, valves, meters, fire hNdr8utS,
manholes and all other apparatus
necessary for the production and
distribution of water for all pur-
poses.
Section G.: This franchise shah be
held to apply to and give the right
to own and operate all the property
rights and interest heretofore own
ed or operated by the Village Of
Port Clinton as it's public utility
known as it's waterworks system,
including the distribution mains
with all extensions, hetterments, re
placements and new equipment
which have been made or added
thereto by said village prior to the
taking effect of this franchise, to-
gether with the extensions and bet
terments which may thereafter be
made from time to time by the
grantee during the life of this fran
chiSe.
Section ID: The grantee, in the
construction, maintenance, extern
sion and repair of said public util-
ity, shall not unnecessarily inter
rupt or obstruCt the passage and
whenever ii shall in any way open
any of said tnoroughfares or pro-
perty upon any street, lane, alley,
avenue, or other public thorough
fare or property for the
construction or maintenance OF
any underground construction, it
shall replace such thoroughfareS
and property in as good condition
as before undertaking such work
The grantee shall hold the village
harmless from any liability, cost
damage or expense which shall arise
or be caused by the occupancy or
use of the streets, lanes, alleys
avenues or other public thorough
fares or property by said grantee
Section e: The grantee, in the
operation of said public utility
shall be subject at all times to such
reasonable regulations of the Coun-
ell of the Village OF Port Clinton
or it's corporate successor as shall
not interfere with the ability OF
such grantee to earn fair return
upon the reproductions cost of said
utility, less depreciation, after pro.
per allowances for operation and
depreciation
Section +: For Il period OF ter
years after the taking effect OF this
| franchise, the grantee may charge
| for supplying water to the corpora,
| tion and inhabitants thereof, rates
| equivalent to the highest schedule
| of rates in effect under the villages
| operation of said utility during tho
period from September /, 194S, tc
| the effective date of this franchise
| increased by ten per cent. and in ad-
ditiOn hydrant rentals al the rate of
$500 per hydrant per year.
The payments to be made by said
village to said grantee for water &c
be furnished to said village shall
be paid to the grantee semi an
nually on or before the tenth days
| of April and October in each yeaI
| during the term of this contract
and in order to provide means foI
the payment of all amounts to be
paid by said village under this CON
| tract. the said village of Port Clin-
| ton in it's annual budget and taxa
| tion and appropriation ordinances
| each year during the term of this
contract, obligates itself to include
and levy a sufficient sum on all the
| taxable property in said village &c
|
| sumed as aforesaid and hydrant
rentals, the proceeds of which levy
| shall be placed in a fund to be deS-
| ignated as the "WaterWOrkS Fund
| and which taxes when collected
| shall be held inViolate for that pur-
| pose. No free service shall be rem
dered by the waterworks system tC
| the village, any department thereof
or any of the inhabitants of the vii
| laEe or other consumers.
Section G.: In the event that the
! above rates, which are minimum
rates-not maximum rates, shal
| prove insufficient to enable SaiC
| grantee to earn, after payment OF
! operating expenses, maintenance
| and reasonable allowance for depre.
| citation, Il net return of so upon the
| reproduction cost of said utility af
| ter making reasonable allowance!
! for depreciation of said utility since
| the time of it's installation, and af.
| ter taking into consideration tn,
| adequacy of the maintenance there
| of, the village, by appropriate ordi
| nanceS, shall raise such rates suf
| ficiently to produce such return, a,
| provided in Section 614-44 of tn,
| General Code of Ohio, except that /
| shall not be necessary for said vii
| lage to wait until one year befOr,
| tho SNl "'AOh VI 'ohiu PSi iOuI Dul llt
| duty to increase shall arise upon tn,
| request of the grantee forthwith
| WheTeupOn, in the event that SucI
lactiOn by the village is not taken
| complaint may be filed to the Public
Utilities Commission or it's success
| SOrs in Office and proceedings haC
before said commission as provided
in Sections 614-44 ct seq Of the Gen
eral Code of Ohio. The grantee!
| right to complain to said commits
sion shall be cumulative to it
right to enforce the performance o
the above imposed duty on the vii
lage under the provisions of Sectiol
1928 of the General Code of Ohio