Ottawa County news. (Port Clinton, Ohio) 1931-1956, 1954-10-08


of the Utility described IN the
mortgage or any suppieHisne
thereto any mortgage or lien rahk-
ing prior to the lien of the Mort
gage.
In the event of the foreclosure
of the Mortgage, the purchaser or
purchasers at such foreclosure saie
shall be entitled to operate sns
Utility as improved or extehoeu
under the terms of the followlps
franchise, which is hereby ordain-
ed and established to take effect
| Immediately upon the conflrma-
tion of such foreclosure sale, to
wit:
MAINTAIN AND OPERATE a
PUBLIC UTILITY IN AND
UPON. ALONG AND UNDER
THE STREETS, LANES, AL
LEYs, AVENUES AND 9TH
FARES OF THE MUNICIPAL.
ITY, AND TO FIX AND PRE-
SCRIBE THE TERMS AND
CONDITIONS UNDER WHICH
SAID OPERATION 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 pur-
chasers at a judicial sale upon
| foreclosure of the mortgage on the
| municipal Utility referred to in the
Ordinance granting this franchise
| and any person, association of per-
| sons partnership or corporation
| who shall, upon such foreclosure,
| become the owner of said public
| utility by assignment from said
! purchaser; and this franchise shall
| inure to the benefit of such per-
| son, association, partnership or
| corporation and their heirs, execu-
tors, administrators, successors
and assigns. The term Municipal
| to the Municipality granting this
| franchise
Section b: The said grantee is
hereby granted the right for the
! full period of twenty years after
| the date of the final confirmation
of such judicial sale on foreclo-
sure of mortgage to construct
maintain, operate and extend up
on, along and under the streets
lanes, alleys, avenues and other
public thoroughfares and public
property of the Municipality, with
| the full and necessary privileges
! for the use of the streets, lanes,
alleys, avenues and other public
| thoroughfares or property for the
purpose of constructing, erecting
maintaining, operating and ex-
tending mains, valves, meters, out
| let's, connections, manholes, and all
! other apparatus necessary for the
| production and distribution of the
product or service of the Utility
| for all purposes.
! Section C: This franchise shall
be held to apply to and give the
| right to own and operate all the
properties property rights and in
terests heretofore owned or oPer-
| ated by the Municipality as or in
connection with said Utility with
all extensions, betterments, re-
| placements and new equipment
which have been made or added
| thereto by said Municipality prior
! to the taking effect of this fran
sions and betterments and equip
ment which may thereafter be
| made from time to time by the
grantee during the life of this
! franchise.
Section d: The grantee, In the
maintenance, repair or extension of
said Utility shall not unnecessar-
| lily interrupt or obstruct use of
any street, lane, alley or public
thoroughfare, and in connection
! such permits and approvals as
may be required by the ordinances
of the Municipality.
When any streets, alleys or pub
! lie grounds are entered upon, or
| facilities removed therefrom, the
| their original condition and shall
| clear all such places of dirt, OBJ
| structions and anything that might
| constitute a nuisance, or prevent
such street, alley or public ground
| from being open and in repair.
| Such restoration to original condi-
| tion shall be made by the grantee
under the supervision and control
| of the appropriate officer of the
| Municipality, who shall determine
yhnk Nn.-t ~ al, apl<
shall be done by the Municipality
and charged to the grantee. Upon
| the doing of such work, the NUM-
! cipaity shall furnish the grantee
with itemized bills of the cost
thereof, which bills shall be paid
| by the grantee within ten (10)
| davs after the receipt thereof,
Section e: The grantee shall at
all times be subject to the regula-
! tions imposed by the laws of the
State of Ohio and such general
| reasonable regulatory ordinances
of the Municipality as may exist
| at the effective date of this fran
| chfse or thereafter be adopted, in
| cluding the continuing right of
said Municipalities Council to re-
| quire such reconstruction, reloca-
tion, change or discontinuance of
| the appliances used by said Utility
| in the streets, allevs, avenues and
| highways of the Municipality, 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 in
| vestment; it being understood,
| however, that the Municipality
| cannot waive or surrender any of
| the police powers granted to, or
| inherent in. municipal CORPORA
! tions and nothing herein contained
| shall be construed as a waiver or
| surrender of such powers or. other
rights conferred by law on muni-
| cfpal corporations.
| In construction, maintenance or
| repair of its properties, the gran
| tee shall comply with all regula-
| tions existing or that may there
after be made by the Municipality
| applicable to said grantee. and the
grantee shall be liable for dam
ages that may arise by reason of
it's failure or neglect to comply
] with such regulations and shall
save the Municipality harmless
| from any and all claims for dam
ages by reason of such failure or
| neglect
Section F: The grantee shall
fully indemnify the Municipality
and save it harmless from any
| and all damages that the Munich
| pality may sustain and from all
| judgments, DEGREES, costs and ex-
penses, which the Municipality
| may, in any manner suffer, or in
cur and which may be recoverable
| from or obtained against the Mu-
nicipality for or by reason of the
| granting of the rights hereby con-
| ferred upon the grantee or grow
! ing out of or resulting from the
exercise and use by the grantee of
| any of the rights hereby granted
| Section O.. For neriod of +an