Ottawa County news. (Port Clinton, Ohio) 1931-1956, 1954-10-15
LEGAL. NOTICE

ORDINANCE NO. 448
CONTINUED 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 a reasonable allowance for
terments, improvements and extern
sions, less depreciation thereon, as
may have been required or ap-
proved by the Municipality, the
Municipality, by appropriate ordin-
ances, shall raise such rates suf
ficiently to produce such return,
as provided in Sections 4909.34 to
4909.37 inclusive of the Revised
Code of Ohio, except that it shall
not be necessary for said Munich
pality 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 4909.34 to 4909.37 in
elusive of the Revised Code of
Ohio. The grantees right to COM
plain to said commission shall be
cumulative to it's right to enforce
the performance of the above i'm
posed duty on the Municipality un-
der. the provisions of Section
27$1.01 ct seq, of the Revised
Code of Ohio.
Section 1: For the second ten
year period of this franchise, the
40 - IA
tee shall be fixed by the Council
of said Municipality by and with
the consent of the grantee or in
the event of the inability of the
city and grantee to agree, shall
be such as may be fixed or deter
visions of the Revised Code of
Ohio, including Sections 4909.16 to
4909.19 thereof, but in any event,
the 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
utility in such form as shall be
prescribed by the Public Utilities
Commission of Ohio, subject al
ways to the right of Council of
the Municipality to require more
detailed forms and to exact more
may be prescribed by said Com
mission. The Municipality shall at
all times 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-
er with the right to require of the
grantee at any time detailed re-
ports relating to the finances, OPP
GRAFTON, management and owner
shall have the further right to es-
tablish standards of service, to
prevent unjust discrimination in
service or rates, and to require
adequate extension of plant, equip
ment and service.
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. SeparabiIity Clause
Each section of this ordinance and
each subdivision of any section
thereof is hereby declared to be
independent, and the finding OIL
holding of any section or subdivi'
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.
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 thai
immediate construction of the ex'
tensions and improvements to bt
provided for from the proceeds ot
the Improvement Bonds is essen
tial to provide adequate water
supply and fire protection to saiC
Municipality and it's inhabitants
WHEREFORE, If 2/3 of the mem
bers elected to Council vote fol
passage of this ordinance, it shall
be in full force and effect from
and Immediately after it's passage
and approval otherwise, it shall b'
in full force and effect from anC
after the earliest period allowed b,
law
Passed in Council this 28th da,
of September, 1854.
Leroy T. BRACKEN,
President of Council
ATTEST: Boyd Martin, Clerk.
Filed with the Mayor this 2Stl
day of Sept, 1854 and approved b!
him this 2Sth day of Sept, 1854.
HAROLD G. JEREMY,
Mayor.
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