Ottawa County news. (Port Clinton, Ohio) 1931-1956, 1948-08-13

s ALLEYS, AVENUES AND OTHER
PUBLIC THOROUGHFARES OF
THE VILLAGE OF. PORT CLIN-
TON AND TO FIX AND PRE-
SCRIBE THE TERMS AND con-
DITIONS 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
ana include the purchaser or pur-
chasers at judicial sale, upon fore
closure of the General Mortgage on
the waterworks system of the VIII
lage 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 l of Ordinance No. 352, if 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.
oecllOH d. ne Sdlu 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
mortgage to construct, maintain, op-
crate and extend upon, along and
under the streets, lanes, alleys,
avenues and other public thorough
fares and public property. of the VIII
lage of Port Clinton in the County
Of Ottawa and State of Ohio, with
the full 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 hydrants,
manholes and all other apparatus
necessary for the production and
distribution Of water for all pur-
poses.
Section c.: This franchise shall 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, betterments, 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 d: The grantee, in the
construction, maintenance, extern
sion and repair of said public util-
ity, shall not unnecessarily inter-
hot nt hA Il
whenever it shall in any way open
any of said thoroughfares 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
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-
Gil of the Village of Port Clinton,
or its corporate successor as shall
not interfere with the ability of
such grantee to earn fair return
upon the reproduction cost of said
utility, less depreciation, after pro-
per allowances for operation and
depreciation.
Section F: For a period of ten
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 durin" the
period from September l, 194S, to
the effective date of this franchise,
increased by ten per cent. and in ad-
dition hydrant rentals al the rate of
$25.0O per hydrant per year.
The payments to be made by said
village to said grantee for water to
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 year
during the term of this contract;
and in order to provide means for
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 sufficient sum on all the
taxable property in said village to
pay for the water so to be con-
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"
shall be held inviolate for that pur-
pose. No free service shall be rem
dered by the ,waterworks system to
the village, any department thereof,
or any of the inhabitants of the viii
lage or other consumers.
Section G: In the event that the
above rates, which are minimum
rates-not maximum rates. shall
prove insufficient to enable said
grantee to earn, after payment of
operating expenses, maintenance
and reasonable allowance for depre-
citation, a net return Of 6G6 upon the
reproduction cost of said utility af-
ter making reasonable allowances
for depreciation OF said utilitv since
the time of its installation, and af-
ter taking into consideration the
adequacy of the maintenance there
of, the village, by appropriate ordi-
nances, shall raise such rates suf-
ficiently to produce such return, as
provided in Section 614-44 of the
General Code of Ohio, except that it
shall not be necessary for said VIII
lage to wait until one year before
the expiration of said period, but the
duty to increase shall arise upon the
request of the grantee forthwith,
whereupon, in the event that such
action by the village is not taken,
complaint may be filed to the Public
Utilities Commission or it's success
Sors in office and proceedings had
hefnrp said com mi ion aS nrnNidna