Geauga record. [volume] (Chardon, Geauga County, Ohio) 1952-1962, 1954-07-08

Els OF THE MUNICIPALITY,
AND TO FIX AND PRESCRIBE
THE TERMS AND CONDI-
TIONS UNDER WHICH SAID
OPERATION SHALL BE CON
QUOTED.
Section A: Hereafter w h e n
the word grantee" appears III
this franchise, it shall be held
to mean and include the pur-
chaser or purchasers at a ju-
diciaI sale upon foreclosure of
the mortgage on the municipal
Utility referred to in the Or
dinance granting this franchise
and any person, association Of
persons, partnership or corpor-
alton who shall, upon such fore
closure, become the owner of
said public utility by assign
ment from said purchaser; and
this franchise shall inure to
the benefit Of such person, as
sociation, partnership or corpor-
alton and their heirs, executors,
administrators, successors and
assigns.
The term Municipality, where
used herein, shall refer to the
Municipality granting this fran
chise.
Section B: The said grantee
is hereby granted the right, for
the full period of twenty years
after the date Of the final con-
firmation of such judicial sale
on foreclosure of mortgage, to
construct, maintain, operate and
extend upon, along and under
the streets, lanes. alleys, ave-
nueS and other public thorough
fares and pu bliC pr O.
perty of the Municipality with
the full and necessary priViled-
ges for the use Of the streets,
lanes, alleys, avenues and other
other public thoroughfares
or property for the purpose of
constructing, erecting, main
tanning, operating and extend
ing, mains, valves, meters, out
lets, connections, manholes, and
all other apparatus necessary
or appropriate to the opera
tions of the Utility.
Section C: This franchise shall
be held to apply to and give
the right to own and operate
all the properties, property
rights and interests thereto
fore owned or operated by the
Municipality as or in connec
ton with said Utility, Wit /
all extensions, betterments, re
placements and new equipmen
which have been made or add
ed thereto by said Municipal
| ity prior to the taking effec
of this franchise, together will
the extensions and betterment
and equipment which m y
thereafter be made from TIM
to time by the grantee during
the life of this franchise.
Section D: The grantee, il
the maintenance, repair or eX
tension of said Utility, S h !
not unnecessarily interrupt 0
obstruct use of any Str e e
lane, alley or public thorough
fare, and in connection wit
any such work shall obtain sue
permits and approvaIs as ma
be required by the ordinance
of the Municipality.
When any streets, alleys {
public grounds are entered vi
on, or facilities removed thert
from, the grantee shall restor
| the same to their original COZ
! dition and shall clear all sue
! places of dirt, distractions an
anything that might constitut
a nuisance, or prevent Il
street, alley or public grOun
from being open and in repair
Such restoration to original cor
dition shall be made by t h
grantee under the SuperVisiO
and control of the appropriat
officer of the Municipality, VIII
shall determine what part,
any, of such work, shall b
done by the Municipality an
charged to the grantee. Upo
the doing of such work, tt h
Municipality shall furnish t h
grantee with itemiZed bills @
the cost thereof, which b ii
shall be paid by the granite
within ten (10) days after tn
receipt thereof.
Section E: The grantee shal
at all times be subject to tn
regulations imposed by t h
laws of the State of Ohio ant
such general reasonable regu
latory ordinances of the MUM
cipality as may exist at tn,
effective date of this franchise
or thereafter be adopted, in
Guiding the continuing right o
said Municipality's Council tt
require such reconstruction, re
location, change or discontinu
ance of the appliances used b!
said Utility in the streets, al
leys, avenues and highways O
the Municipality, as shall il
the opinion of Council be nee
eSSary in the public interest
The grantee, however, h al
have a right to a fair return
on it's investment; it being un
derstood, however, that tn
Municipality cannot waive OF