The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1954-03-18
ORDINANCE NUMBER s-s4

ORDINANCE NUMBER 6-54
An Ordinance authorizing the sale of the
electric generating equipment, distribution
| system and street lighting system within ana
without the corporate limits OF the Nlhage
of Bluftton, Allen County ONO consisting OF
the generating equipment located IN general
! ing plant. texcepting building and building
site, all vehicles, Soffice equipment and tools
used in the operation of the generating sys-
| tenn, distribution system and water ana sew
| age departments) ell easements and licenses
| and all street lighting fixtures, lamps, over
head and underground transmission lines and
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 rlght 70
| acquire, construct, maintain and operate in
the streets, thoroughfares, alleys, bridges and
public places of the Village of Bluffton, Al
len County, Ohio, and It's successors, lines
| for the distribution of electric energy to the
| Village of Bluffton 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 BluHton,
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 /.
That the following described real and per-
| sonal property belonging to the Village of
Bluffton, Allen County, Ohio is not needed
The electric generating equipment located
| N 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 Departunents) the electrical dis
tributon system and the street lighting sys-
TEN within and without the corporate limits
of the Village of Button. Allen County
Ohio, consisting of all overhead and under
ground transmission lines, easements, per-
mits, licenses, power lines, fixtures, machin-
1y~ty Ffpwr ~ 9th nvf &rua
mission conduits, 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-
sonaI property to the highest bidder accord
ing to law on the following terms: Cash on
execution and delivery of a deed and 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 l, l946, from the Village of Bluff
ton, Allen County, Ohio to The National
Bank of Lima, Trustee, recorded in Allen
: County Mortgage Record Volume 25l com
" mencing at page 10 and supplemental linden
ture of mortgage dated April /, l94S, record
= | ed in Allen County Mortgage Record Volum,
. 269 commencing at page 5. The sale of said rea
lie Affairs shall be condition that out O
the proceeds of the purchase price for salt
real and personal property as specified in an!
| accepted bid. the balanca due on said linden
lures of Mortgage shall be repaid in full Il
said Trustee and upon completion of the sal
of said real and personal property to an
successful bidder, the Board of Public Affair
shall deliver to such successful bidder a can
j. collation. of said Indentures of Mortgage an
all the outstanding bonds secured by said In
dentures of Mortgage duly cancelled.
Section 3.
3 For the purpose of inducing the sale O
municipal electric generating equipment an
other facilities heretofore described and
Y assure the furnishing of electric light an
power to the Village Of Bluffton and it's in
10 habitants, franchise be and hereby is grant
70 ed to the successful bidder for the propert
10 heretofore described on the following term
10 and conditions, to-wit +:
a Section |.
Ne When the word grantee" appears i
this franchise. it shall be held to mea
and include the successful bidder for tn
purchase Of the real and personal pror
efty described in this Ordinance to who's
Is benefit this franchise shall inure and sue
Is grantee shall enjoy all the rights and beE
ehtS of said franchise and shall assum
D3 the obligations thereof in accordance wit
I6 the Terms and provisions of the succeedin
10 sections of this franchise.
Y Section ii.
"a Grantee it's successors and assigns. al
,3 hereby granted the right privilege frar
)8 chise and authority to acquire, construct
20 maintain and onFrate, in. above. under
across Eand along the streets, thorough
20 fares alleys. bridges and public places
- las the now exist may hereafte
10 be laid OUT of the Village of Bufftor
- State of Ohio, lines for the Distribute
I6 of electric energy. either by means of o'
.erhqhd pr underground conductors, wit
4 4all kthe necessary or desirable appurt'
% nGnees .; for the purpose ,, Of supplying eles
10 habtants thereof, and persons or col
- porations beyond the limits thereof, fc
Il light, heat, power or any other purpos
or purposes for which electric energy
20 now may hereafter be used, and til
- transmission of the same within throug
30 or the Village of Blufrton Stat
IF Ohio.
10 Section III.
DO Said lines and appurtenances shall b
- constructed so as 70 interfere as little
DO possible with the travelling public in il
- use of the streets, thoroughfares, alley
bridges and public places. The locatio
IS OF all poles, eonduits, shall be mad
under the supervision of the proper boar
Ia or committee of the Village government
- Section ~.
l5 The rights. privileges and franchis
hereby granted shall be in force and ei
35 feet for period OF fifty 500 years fror
81 the date of the passage of this ordinance
. The rights, privileges and franchis
92 hereby granted shall not be construed I
Ia be exclusive and the Council of the vi
81 lage of Buifton hereby reserves the powt
to grant similar rights, privileges an
IS franchises to any other person or persons
90 firm or firms. corporation or corporations
Section V.
81 Said grantee shall save the viIlae
46 harmless from any and all liability ari'
ing in any way from negligence in th
Al erection maintenance or operation of sal
- lines for the distribution of electric enel
90 gy.
81 Section vi.
u Whenever said grantee shall begin til
erection of any lines or equipment
3o shall promptly and diligently prosecui
"A the work to completion and leave tt
~ streets. thogoughfares. alleys, bridges. an
public places where such work is done
"a as good condition of repair as before sue
~ work commenced.
81 % Section VII
~ Whenever in this ordinance. referent
20 s made to the Village or the Grantee.
80 - shall be deemed to include the respectis
'' successors or assigns of either: and q
- rights, privileges and obligations herei
- contained by or ON behalf of said Villag
4, or BY or on behalf of said Grantee, sha
80 80 be binding upon, and inure to the benei
ttSS of the respective successors or assigns
90 90 said Village. or 81 said Grantee. wheth,
ooaa so expressed or not.
~ Section VIII
- This ordinance shall be accepted by II
% Grantee within one hundred and eight
., tlS0l days from the date of the passai
- of same
40 Section 4.
II This ordinance shall take effect and be
=. force from and after the earliest period a
OF lowed by law.
GO Passed this 9th day of March, 1854
w. A. HOWE, Mayor
81 A. j. B. LONGSDoRF, Clerk