The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1952-10-09

mortgage or lien ranking prior to the lien
of said Mortgage.
Section Is. In the event of the foreclosure
of the Mortgage. the purchaser or purchasers
at such foreclosure sale shall be entitled to
operate the Utility as improved or extended
under the terms of the following franchise.
which is hereby ordained and established to
take effect Immediately upon the confrma-
ton of such foreclosure sale. to wit:
FRANCHISE TO CONSTRUCT. MAIN
TAIN N OPERATE A PUBLIC
UTILITY KNOWN IS THE SEWER
LACE o. BLUFFToN. ALLEN CoUN-
TY, OHIO, ALONG AND UNDER THE
STREETS. LANES. ALLEYS. AVE
auEs AN : OTHER : PUBLIC THOR,
BLUFFToN AND TO FIX AND PRE-
Tons UNDER WHICH SAID OPERA
I SHALL BE CONDUCTED.
Section A: Hereafter when the word
grantee" appears in this franchise. it shall
be held to mean and include the purchaser or
purchasers at a judicial sale upon foreclosure
of the mortgage on the sewerage system of
the Village of Bluffton and any person, asso-
citation OF persons. partnership or corpora
ton who shall, upon such foreclosure, be-
come the owner of said public utility by as
signment from said purchaser and this
franchise shall inure to the benefit of such
person, association, partnership or corpora
ton and their heirs, executors, administra-
tors, successors and assigns. The term vii
! idsN "DtiG uNSu Snhtl refer 70 the
Village of Button. Ohio.
Section B: The said grantee is hereby
granted the right for the full period of
twenty years from the date of the final con-
frmation of such judicial sale on foreclosure
of mortgage to construct, maintain, operate
and extend in, along and under the streets.
lanes, alleys, avenues and other public thor
oughfares and public property of the Viii
lage, with the full and necessary privileges
for the use of the streets, lanes. alleys, ave-
nues and other public thoroughfares or prop
erty for the purpose of construction, erect
ing, maintaining, operating and extending
sewer lines. valves, meters, manholes, and
all other apparatus necessary for the collec-
ton and disposal of sanitary sewage for all
purposes.
Section c.: This franchise shall be held to
apply to and give the right to own and oper-
ate all the properties, property rights and in
terests heretofore owned or operated by the
Village as or in connection with its public
utility known as it's sewerage system. with
all extensions, betterments, requirements and
new equipment which have been made or
added thereto by said Village prior to the
taking effect of this franchise. together with
the extensions and b~etterments and equipment
which may thereafter be made from time to
franchise.
nance. repair or extension of said Utility
shall not unnecessarily interrupt or obstruct
use of any street, lane, alley. or public thor
oughfare, and in connection with any such
"A" NhANAA " Quill AtAAt anu dpBION 10
as may be required by the ordinances of the
Village.
When any streets. alleys or public grounds
are entered upon, or facilities removed there.
from, the grantee shall restore the same "a
their original condition and shall clear all
such places with dirt, distractions and any,
thing that might constitute a nuisance, or
prevent such street, alley or public ground
from being open and in repair. Such res
~toration to original condition shall be made
by the grantee under the supervision and con.
troll of the Council of 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
bills shall be paid by the grantee within ten
l0) days after the receipt thereof.
Section E: 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 Viii
lage as may exist at the effective date of this
franchise or thereafter be adopted, including
the continuing right of said Villages Council
change or discontinuance of the appliances
used by said utility in the streets, alleys, ave.
nues and highways of the Village, as shall in
the opinion of Council be necessary in the
public interest. The grantee, however, shall
have a right to a fair return on it's invest
ment it being understood, however, that the
village cannot waive or surrender any of the
police powers granted to-, or inherent in. mu-
nlcipal corporations and nothing herein con.
tanned shall be construed as a waiver or sur.
render of such powers or other rights con.
ferred by law on municipal corporations.
In construction, maintenance or repair al
It's properties. the grantee shall comply with
all regulations existing or that may thereafter
be made by the Village applicable to sale
grantee, and the grantee shall be liable fol-
damages that may arise by reason of it's fail
ure or neglect to comply with such regula
tons and shall save the Village harmless,
from any and all claims for damage by rea.
son of such failure or neglect.
section F: The grantee shall fully in,
demnify the Village and save it Harmless:
may sustain and from all judgments, DEGREES
costs and expenses, which the Village may
In any manner, suffer, or incur. and which
may be recoverable from or obtained agains,
of the rights hereby conferred upon tn,
grantee or growing out of or resulting from
the exercises and use by the grantee of any
of the rights hereby granted to it.
section g: For a period of ten years af.
ter the taking effect of this franchise the
grantee may charge for supplying the service.
OF said utility to the Village and inhabitant.
thereof rates equivalent to the highest sched
ule of rates in effect under the Villages op.
Grafton of said utility during the period from
July !, 1852 to the effective date of thi.
franchise. increased by ten per cent.
The payments to be made by said VILLAGE
to said grantee for utility services to be fur
nished to said Village shall be paid to tn,
Irantee s"'"i-annually on or before the tenth
S~SS VI SHhS dHu DSCeHlDeT IN GACn year dur
ing the term of this contract and in orde,
TO provide means for the payment of nj
amounts to be paid by said Village unde,
this contract, the said Village in its annua
budget and taxation and appropriation Nordi
nances each year during the term of thii
contract, obligates itself to include and lev,
a sufficient sum on all the taxable propert,
In said Village to pay for such services. tn,
proceeds of which levy shall be placed in
fund to be designated as the Sewer Fund
and which taxes, when collected, shall b,
held inviolate for that purpose.
Section Fl: In the event that the abov,
rates which are minimum rates. not maxi
mum rates, shall prove insufficient to pro
vide revenues yielding, after meeting operat
ing and maintenance charges in amount con
%ststent with sound management and common
surate with the services required by the vii
iage. an annual return of approximately ST,
per cent on the reasonable value of the utili
Ety. including a reasonable allowance for de
probation, plus the cost of betterments, inn
provements and extensions. less depreciation
thereon. as may have been required or an
proved by the Village, the Village, by an
propriate ordinances. shall raise such rates
or approve and authorize action of tb,
grantee raising such rates. sufficiently n
! produce such return. and the duty of the vii.