Geauga record. [volume] (Chardon, Geauga County, Ohio) 1952-1962, 1954-07-15
QUOTED.

QUOTED.
Section A: Hereafter W h n
the word grantee" appears in
this franchise, it shall be held
to mean and include the pur-
chaser or purchasers at a jul
dicial 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 public 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
let's, 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 h
all extensions, bettermentS, re.
placements and new equipment
which have been made or add,
ed thereto by said Municipal
ity prior to the taking effect
of this franchise, together with
the extensions and betterments
and equipment which m ay
thereafter be made from time
to time by the grantee during
the life of this franchise.
Section D: The grantee, ir
the maintenance, repair or eX
tension of said Utility, h a /
not unnecessarily interrupt OF
obstruct use of any st r t
lane, alley or public thorough
fare, and in connection wit /
any such work shall obtain such
permits and approvals as may
be required by the ordinances
of the Municipality.
When any streets, alleys OF
public grounds are entered up
on, or facilities removed there
from, the grantee. shall restore
the same to their original con
dition and shall clear all such
places of dirt, distractions anc
anything that might constitute
a nuisance, or prevent u C /
street, alley or public ground
from being open and in repair
Such restoration to original con
dition shall be made by t h {
grantee under the supervision
and control of the appropriate
officer of the Municipality, who
shall determine what part, il
any, of such work, shall be
done by the Municipality and
charged to the grantee. Upon
the doing of such work, tn e
Municipality shall furnish h {
grantee with itemized bills OF
the cost thereof, which b il Is
shall be paid by the grantee
within ten (10) days after the
receipt thereof.
Section E: The grantee shall
at all times be subject to the
regulations imposed by h e
laws of the State of Ohio and
such general reasonable regu-
latory ordinances of the Muni-
cipality as may exist at the
effective date of this franchise
or thereafter be adopted, in
Guiding the continuing right of
said Municipality'S Council to
require such reconstruction, re-
location, change or discontinu-
ance of the appliances used by
said Utility in the streets, al
leys, avenues and highways of
the Municipality, as shall in
the opinion of Council be nee
essary in the public interest.
The grantee, however, all
have a right to a fair return
on it's investment; it being un-
derstood, however, that the
Municipality cannot waive or
surrender any of the police
powers granted to, or inher-
ent in, municipal corporations
and nothing herein contained
shall be construed as waiv-
er or surrender of such pow
ers or other rights conferred
by law on municipal corpora