The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1952-10-16


sentative of said trustee, of said
original purchasers, or OF any
holder or nolders OF twenty-five
Der certum Nf the amount of the
Bonds at tn time outstanding to
inspect the 0ility and all records,
accounts and data of the Utility
at all reasoeable times.
Section IL. Said Mortgage shall also con-
tain the customary c*enants as 10 prompt
and efficient construction of all Utility inn
provernents proper Maintenance of Utility
properties and effici@t operation thereoi
maintenance of title 70 such properties ana
of the priority of lie of the Mortgage, dis
position of unnecessary or worn out proper
ties maintenance of Ndequate Insurance upon
Utility properties and In accordance with the
Recommendation of ID independent engineer,
recordation of the Mortgage and any supple
rnent thereto compll nce with applicable re-
uuirements of law q ID such other covenants
as NAV be necessarM or appropriate for the
due protection of thaxrights OF the holders OIL
the Bonds.
Section H. Said Mortgage shall contain
appropriate provisiorM whereby the Village,
by ordinance of its coAncil and with the writ,
ten consent of the halders of not less than
TO- in aggregate pr@ncfpal amount of out
standing Bonds (exe5uding Bonds held or
owned by the VillageE may modify or amend
any covenant condti0h or provision of the
Mortgage any supplement- thereto so long
as such action shall Not result in changing
the redemption proviS pns or interest and
principal maturity q ties or reducing the
principal amount or Kinterest rate on any
Bond without the consent of the holder there
of nor modifying thu rights or obligations
of the Mortgage trustee without its consent,
! nor reducing the percentage herein speclned'
nor imposing upon ann part OF the properties
! or revenues of the utility described IN the
Mortgage or any supplement thereto any
mortgage lien ram Eng prior to the lien
| of said Mortgage.
| Section "a. In the &ent of the foreclosure
of the Mortgage, the purchaser or purchasers
at such foreclosure s&e shall be entitled to
operate the Utility aE improved or extended
under the terms of de following franchise
| which is hereby ordaIhed and established to
take effect Immediately upon the conhrma-
tion of such foreclosJfe sale, to wit:
| FRANCHISE TO EONSTRUCT, MAIN
| .IAIN AND OPERATE A PUBIC
WTILTTY KNoWNA AS THE SEWER
AZ SYSTEM IN md FOR THE VII
EoH1o, ALoNd AND UspER THE
Hcas AND oTHS PUBLIC THOR
oIf&FARES OF The VILLAGE OF
BhCNTTON AND no FIX AND PRE-
@S6RIBE THE ITEMS AND CoNDI-
| ATp0NSRUNDER WHICH SAID OPERA
kTrpN xHALIF BE CONDUCTED.
81 Se&ion =: {Hereaft ftr when the word
l&Rra&tee" HnFears in ths franchise, 1t shall
8e hid to mean and iHelude the purchaser or
lNnreh hasers at judiciaE sale upon foreclosure
MkAhe mortgage tltE sewerage system of
Il the Village of Bluffton Ind any person. asso-
| citation of persons, paffnership or corpora
tion who shall, upon such foreclosure. be-
come the owner of sai8 public utility by as
| sgnment from said pnrchaser; and this
franchise shall inure th the benefit of such
person. association, partnership or corpora
tion and their heirs, EXECUTORS. administra-
tors, successors and asStgns. The term ''Vil-
lage" where used heretn shall refer to the
Village of Button. OhfS.
Section B: The SAT- grantee is hereby
granted the right forskfhe full period of
| twenty years from the Hate of the final con-
frmation of such judicial sale foreclosure
of mortgage to constrs{et. maintain. operate
and extend in, along knd under the streets,
lanes, alleys. avenues Md other public thor
| oughfares and public gBroperty of the Viii
lage. with the full ah% necessary privileges
for the use of the STREETS, lanes. alleys, ave-
nues and other public &horoughfares or prop
| erty for the purpose Mf construction, erect
| ing. maintaining. opa& &ating and extending
| sewer lines, valves, Meters, manholes, and
| all othspsapparatus nj essary for the coIiec-
| tiolsAnd disposal of Military sewage for all
Mfposes. B
II Section C: This frks schise shall be held to
apply to and give thes&ght to own and oper-
| ate all the properties. &roperty rights and in
| Rrests Heretofore owed or operated by the
Village as or in con1fecton with its public
kntility known as its H$ewerage system, with
/ all extensions. betterf4k knts. requirements and
| new equipment which, have been made or
| added thereto by sai& Village prior to the
taking effect of this &anchise, together with
| the extensions and k*rments and equipment
| which may thereafters@e made from time to
| time by the grantee 8lring the life of this
| franchise.
| Section d The g4#ntee. in the mainte-
| nance, repair eStHhsion of said Utility
| shall not unnecessart& interrupt or obstruct
/ use of any street lansM alley. public thor
| oughfare, and in oHS1hction with any such
| work shall obtain suckpermits and approvals
| as may be required bS4the ordinances of the
Village 8
| When any streets, Aaeys or public grounds
are entered upon, Wcities removed there
from, the grantee shM restore the same Il
their original conditidx and shall clear al
such places with dirt %%obstructions and any
thing that might constitute a nuisance, OF
prevent such street a2ley public GROUND
| from being open andW5n repair. Such res
toration to original cd8aiition shall be mad,
by the grantee under to supervision and con
| troll of the Council of The Village who shall
| determine what part, M any, of such work
| shall be done by the Village and charged t.
| the grantee. Upon th& doing of any such
| work, the Village shaM furnish the granite,
| with itemized bills of fAe cost thereof which
| bills shall be paid by kEe grantee within ter
| Nn> dHvs afte~ the rlxeipt thereof.
! Section E: The graskee shall at all time
i be subject to the regu}Sf ions imposed by th
laws of the State of Nbio and such genera
reasonable regulatory dfdinances of the Vii
lage may exist at th& effective date of thi
| franchise or thereafteF%be adopted. including
| the continuing right of4said Villages Council
! to require such reconstruction. relocation
| change or discontnuaXte of the appliance
| used by said utility in he streets, alleys, ave
| nues and highways of ne Village, shall il
! the opinion of CounctT be necessary in th
public interest. The &Eantee however shall
| have right to a faiM return on its invest
| ment; it being understood. however, that tn
| Village cannot waive ~ surrender any of tn
police powers granted b, or inherent in, mu
| nicipal corporations a&& nothing herein con
| tanned shall be constr7&1 as a waiver or sur
| render of such power# other rights con
| ferred by law on mun3fipal corporations.
| In construction, md xhtenance or repair o
| its properties, the graHtee shall comply witt
! all regulations pxistin that theraafte
| be made by the Vill&ge applicable to sal,
| grantee, and the gray1fee shall be liable TO
| damages that may arfs& by reason of it's fail
ure neglect to cofxSDly with such regula
! tions and shall save the Village harmless
| from any and all clai1&s for damage by rea
son of such failure OF neglect.
Section r: The gxantee shall fully in
demnify the Village nd save It harmless
from any and all dan ages that the Villag
may sustain and from ARll judgments. DEGREES
] costs and expenses mich the Village may
| in any manner, suffeH incur, and whicl
may be recoverable ff< IN or obtained agains
| the Village for or byfeason of the grantin,
of the rights hereby% conferred upon th
grantee or growing on of or resulting from
the exercises and use 8by the grantee of an.
of the rights hereby H%anted to it.
| Section G: For a xeriod of ten years af
ter the taking effect of this franchise tn
grantee may charge f6r supplying the service
of said utility to the Billage and inhabitant
thereof rates equivalerA to the highest sched
ule of rates in effect BINDER the Villages op
Grafton of said utilitySk kiuring the period from
July /, 1852 to the effective date of thi
franchise, increased bs ten per cent.
The payments to made by said Vllag
to said grantee for u@lity services to be fur
nished to said Village shall be paid to tn
grantee semi-annually on or before the tent
days of June and Deeember in each year dur
ing the term of thisT contract: and in orde
to provide means fbr the payment of al
amounts to be paid by said Village unde
this contract, the said Village in its annua
budget and taxation3 land appropriation ordi
nances each year dnring the term of thi
contract, obligates iRelf to include and lev
a sufficient sum on hall the taxable propert
in said Village to pey for such services tn
proceeds of which levy shall be placed in
fund to be designated the Sewer Fund
held inviolate for that purpose: