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

tA&S ORDINANCE NO. 40
lsR (Conttnued. from. Page. B-6)
Grating and maintenance charges
IN amount consistent with sound
management and commensurate
with the services Required by the
Municipality, an annual return Of
approximately six per cent on the
reasonable value of the utility, in
cluding reasonable allowance for
appreciation, plus the cost of bet
terments, improvements and extern
stons, less depreciation thereon, as
proved by the Municipality, the
Municipality, by appropriate ordin-
aTaces, shall raise such rates suf-
ficiently to produce such return.
as provided In Sections 4909.34 to
4sO9.37 inclusive of the Revised
Code, OF Ohio, except that 1t shall
not be necessary. for said Munich
paiity to wait until one year be-
fore the expiration of said period
but the duty to increase shall
arise upon the request of the gran
tee forthwith, whereupon, in the
event that such action by the Mu-
nicipality Is not taken, complaint
may be filed. to the Public Utili-
ties Commission or it's successors
In office. and Proceedings had be-
fore said commission as provided
In Sections 49Q9.34 to- 4909.37 In
elusive, of the Revised Code of
Onto The grantees right to com
klsirs ty said comnission shall be
t,itr1latiyesto itssright to enforce
thu. pert rfbrrnaslceE of the above inn
pqsed duty %, the Municipality unZ
ders theas provisions of Section
gEa9t1 ef geq., of the Revised
EoaGe Of Ohio. ~ 4 80
SEections II For, the second ten-
Fsar period Of this franchise, the
Rates to. be- charged by said gran
or said Municipality by and with
tAeS consent. OF the grantee or in
mA5 event OF the inability of the
C1ty and grantee to agree, shall
begsuch as may be fixed or deter
mined In accordance with the pro-
Visions of the Revised Code of
OhAo, including Sections 4909.16 to
4s09.lS thereof, but, in any event,
thu rates shall be such as to pro-
duce to the grantee the same re-
turn as provided In Section H
hereof
Section j.: The grantee shall keep
aif records and accounts of the
utility inesuch form as shall be
Comrnission Of Ohio, subject al
ways to the right of Council of
the Municipality to require more
detailed forms and to exact more
comprehensive statements than.
may be prescribed by said Com
mission. The Municipality shall at
all1times have access to and op-
portunity for inspecting all prop
critics of the utility and auditing,
examining and Keeping copies of
all records and accounts in any
way pertaining to the ownership
or operation of the utility, togeth-
erSwith the right to require of the
nr>n NJ a q nr,xv ft,.A dAfo A1
ports. relating. to the finances, OPP
Grafton, management and owner
ship thereof The Municipality
shall have the further right to es-
tablish standards of service, to
prevent unjust discrimination in
adequate extension of plant, equip
meut and service.
Section K: No rights herein
granted to the grantee to con-
struct, maintain or operate, said
public utility shall be construed
as exclusive or as preventing the
Municipality from granting a fran
chise or privilege to any other
person, firm or corporation.
= Section 10. Separability Clause.
Each section OF this ordinance and
each subdivision of any section
thereof is hereby declared to be
independent, and the finding or
any SSCllOH VI
sion of any section thereof to be
invalid or void shall not be deem
ed or held to affect the validity OF
any other section or subdivision of
this ordinance.
Il Section IL. Emergency Clause.
This ordinance is hereby declared
to be an emergency measure neces-
sAry for the immediate preserva-
tion of the public peace, health
and safety in said Municipality
and for the further reason that
Immediate construction of the ex-
tensions and improvements to be
provided for from the proceeds Of
the Improvement Bonds Is essen
tial to provide adequate water
supply and fire protection to said
Municipality and its inhabitants:
WHEREFORE, If 2/3 of the MEM
bers elected to Council vote for
passage of this ordinance, it shall
be in full force and effect from
and Immediately after it's passage
and approval, otherwise, it shall be
in full force and effect from and
after the earliest period allowed by
law. =
Passed In Council this 2Sth day
offSeptember, 1854
"a Leroy r. BRACKEN.
'.i-e President of Council.
ATTEST: Boyd Martin, Clerk.
Filed with the Mayor this 28th
day OF Sept, 1854 and approved by
him this 18th day of Sept, 1854
s; HAROLD G. JEREMY,
81 Mayor.
u --.-