The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1954-03-11
ORDINANCE NUMBER s-s4

ORDINANCE NUMBER o-oa
An Ordinance authorizing the sale of the
electric generating equipment. distribution
system and street lighting system within and
without the corporate limits of the Village
| of Bluffton, Alien County ONO, consisting OF
| the generating equipment located IN geherat-
| ing plant, (excepting building ana huding
/ site, all vehicles, office equipment ana toois
used in the opepaton of the generating sys-
| TEN, distribution system and water and sew
| age departments) all easements ana licenses
| and all street lighting hNtures' lamps over,
| head and underground Transmission lines ana
| all other materials now in stock, and used IN
| the generating and distribution systems not
needed for any Municipal purpose and grant
! ing a franchise to the successful bidder, It's
| successors. and assigns, granting the right TO
! acquire, construct, maintain and operate IN
| the streets, thoroughfares, alleys, bridges and
public places of the Village of Bluhton, AL
| len County, Ohio. and its successors. lines
| for the distribution pf electric energy to the
| Village of Blufrton and the inhabitants there
of for light heat, power and other purposes
| and for the transmission OF the same within
| through and across said Village OF Biuhton'
! State of Ohio.
Be it ordained By the Council of the Viii
| lage of Bluffton, Allen County, Ohio, three
fourths of all members elected thereto con-
| curing.
Section L.
That the following described real and per-
sonal property belonging to the Village of
BIuffton, Allen County, Ohio, is not needed
for any municipal purpose, to-wit:
The electric generating equipment located
| m generating plant excepting building and
building site, all vehicles, office equipment
| and tools used in the operation of the gener-
ating system, distribution system and Water
and Sewage Departments) the electrical dis
| tributon system and the street lighting sys-
| tenn within and without the corporate limits
| OF the Village of Blutfton, Allen County,
| Ohio, consisting Of all overhead and under
| ground transmission lines, easements per
| mts, licenses power lines, fixtures, machn-
| cry, generating and other equipment, trans
| mission conduts, distribution service and
| supply systems.
Section 2.
That the Board of Public Affairs be and it
| hereby is authorized to sell said real and per-
| sonal property to the highest bidder accord
| ing to law on the following terms Cash on
| execution and delivery of deed and a bill
of sale for the above described real and per-
| sonal property and the said Board of Trus-
tees of Public Affairs and the Mayor of the
Village are hereby authorized to convey said
real and personal property by deed and bill
| of sale to the highest bidder therefor accord
| ing TO law.
Said real and personal property is subject
| to a centain Indenture of Mortgage, dated
| August /, 1916, from the Village of Bluff
| ton. Allen County. Ohio, TO The National
| Bank of Lima, Trustee REGARDED in Allen
County Mortgage Record Vslume 25l COM
mencing at page 10 and supplemental inden-
! ture of mortgage dated April i, l94S, record
| ed in Allen County Mortgage Record Volume
269 commencing at mage 5. Inc sale of said real
| ana PERSONAL sb&lDETIy by said Board OF Pub
| lie Affairs shall be on condition that out of
| the proceeds of the purchase price for said
| real and personal property specified in any
accepted bid, the balance due on said Inden-
| lures of Mortgage shall be repaid in full to
said Trustee and upon completion of the sale
| of said real and personal property to any
| successful bidder, the Board of Public Affairs
shall deliver to such successful bidder can
| collation. of said Indentures of Mortgage and
| all the outstanding bonds secured by said In
dentures OF Mortgage duly cancelled.
| Section 3.
! For the purpose of inducing the sale of
municipal electric generating equipment and
| other facilities heretofore described and to
assure the furnishing of electric light and
power to the Village Of Bluffton and its in
habitants, franchise be and hereby is grant
ed to the successful bidder for the property
heretofore described on the following terms
and conditions, to-wit:
Section l.
When the word agrsntee" appears in
this franchise, it shall be held to mean
and include the successful bidder for the
purchase of the real and personal prop
erty described in thls Ordinance to whose
benefit this franchise shall inure and such
grantee shah ENJOY all the rights and ben
efits of said FRANCHISE and shall assume
the obligations thereof in accordance with
the terms and Erovisions of the succeeding
sections Of this franchise.
Section III.
Grantee, its successors and assigns, are
hereby granted the right, privilege. fran
chise and authority to acquire. construct
maintain and operate, in, above, under
across and along the streets, thorough
fares, alleys, bridges and public places,
as the same now exist or may hereafter
be laid out) of the Village of Button
State of Ohio, lines for the distribution
of electric energy, either by means of ov.
erhead underground conductors. with
all the necessary or desirable appulte-
nances for the purpose of supplying cleo
tFie energy to said Village and the In
habtants thereof, and persons or cor.
ftarg n. Iiv,st Fos
light, heat, power or any other purpose
or purposes for which electric energy is
now or may hereafter be used, and the
transmission of the same within. through
or across the Village of Bluifton, State
If Ohio
Section III.
Said lines and appurtenances shall be
constructed so as TO interfere as little as
possible with the travelling public in its
use OF the streets, thoroughfares alleys,
bridges and public places. The location
of all poles, or cpnduits. shall be made
under the Supervision of the proper board
or committee of the Village government
Section w.
The rights, privileges and franchise
hereby granted shall be in force and eff
feet for a period of fifty (50l years from
the date of the passage of this ordinance
The rights. privileges and franchise
hereby granted shall not be construed to
| be exclusive and the Council of the Viii
iage of Button hereby reserves the power
to grant similar rights. privileges and
franchises to any other person or persons,
hrm or firms. corporation or corporations.
Section V.
Said grantee shall save the Village
harmless from any and all liability aris-
ing in any way from negligence in the
erection, maintenance operation of said
lines for the distribution of electric ener-
ny. r r.- ..-. Z
Section Vi S. @* <
Whenever said grantee shall begin the
erection of any. lines equipment it
shall promptly and diligently prosecute
the work to comnletion and leave the
streets, thoroughfares. alleys, bridges. and
public places where such work is done in
as good condition sof repair as before such
work was commenced. .-.-.. o.. s-
h. Section VII. II @E ~ fr#@ Ii
Whenever in this ordinance. reference
Is made to the Village or the Grantee, it
shall be deemed 10 include the respective
successors or assigns of either: and all
rights, privileges and obligations herein
contained by or ON behalf OF said Village.
9r by or on behalf of said Grantee. shall
De binding upon, and inure to the benefit
OF the respective successors or assigns of
said Village, or OF said Grantee, whether
50 expressed not,
Section VIII
This ordinance shRil be accepted by the
Grantee within one hundred and eighty
(lSol days from the date of the passage
of same.
Section l.
This ordinance shalt take effect and be in
force from and after the earliest period al
lowed by law
Passed this 9th day of March. 1854.
w. A. HOWE, Mayor
Il n IONGSDORF Clerk