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

ing prior TO the lleh VI tho
gage.
In the event OF the foreclosure
of the Mortgage, the purchaser or
purchasers at such foreclosure sale
shall be entitled to operate the
Utility as improved or extended
under the terms of the following
franchise, which is hereby ordaln-
ed and established to take effect
Immediately upon the confirma-
tion of such foreclosure sale, to
wit:
FRANCHISE TO CONSTRUCT.
MAINTAIN AND OPERATE A
P6B P6BLlG TuE gT1LITY TTiN,cT4AL4TT' IN AEP
UPON ALONG AND UNDER
THE STREETS, LANES, AL
LEYS, AVENUES AND 9TH
Err PUBLIC THOROUGH
FARES OF THE MUNICIPAL
ITY, AND TO FIX AND PRE-
CONDITIONS UNDER WHICH
SAID OPERATION SHALL BE
CONDUCTED.
Section A: Hereafter when the
word grantee" appears in this
franchise, it shall be held to mean
chasers at judicial sale upon
foreclosure of the mortgage on the
municipal Utility referred to in the
Ordinance granting this franchise
and any person, association of per-
sons, partnership or corporation
become the owner of said public
utility by assignment from said
purchaser; and this franchise shall
inure to the benefit of such per-
son, association, partnership or
corporation and their heirs, execu-
tors, administrators, successors
and assigns. The term Municipal
ity, where used herein, shall refer
to the Municipality granting this
franchise.
Section B: The said grantee Is
hereby granted the right for the
full period of twenty years after
the date of the final confirmation
of such judicial sale on foreclo-
sure of mortgage to construct,
maintain, operate and extend up
on, along and under the streets.
lanes, alleys, avenues and other
public thoroughfares and public
property of the Municipality, with
the full and necessary privileges
for the use of the streets, lanes,
alleys, avenues anda other public
thoroughfares or property for the
purpose of constructing, erecting
maintaining, operating and ex-
tending mains, valves, meters, out
let's, connections, manholes, and all
other apparatus necessary for the
production and distribution of the
product or service of the Utility
for all purposes.
Section G.: This franchise shall
be held to apply to and give the
right to own and operate all the
properties, property rights and in
terestS heretofore owned or oper-
ated by the Municipality as or in
connection with said Utility, with
all extensions, betterments, re-
placements and new equipment
which have been made or added
thereto by said Municipality prior
to the taking effect of this fran
chise, together with the extern
sions and betterments and equip
ment which may thereafter be
made from time to time by the
grantee during the life of this
franchise.
Section d: The grantee, in the
maintenance, repair or extension of
said Utility shall not unnecessar-
ny interrupt or obstruct use of
any street, lane, alley or public
thoroughfare, and in connection
with any such work shall obtain
such permits and approvals as
may be required by the ordinances
of the Municipality.
When any streets. alleys or pub
lie grounds are entered upon, or
grantee shall restore the same to
their original condition and shall
clear all such places of dirt, OBJ
structions and anything that might
constitute a nuisance, or prevent
such street, alley or public ground
from being open and in repair.
Such restoration to original condi-
tion shall be made by the grantee
under the supervision and control
of the appropriate officer of the
Municipality, who shall determine
what part. if any, OF such work.
la,a L. a. \ - a q
and charged to the grantee. Upon
the doing of such work the NUM-
cipality shall furnish the grantee
with itemiZed bills of the cost
thereof, which bills shall be paid
by the grantee within ten t1O
days after the receipt thereof.
Section f: The grantee shall at
all times be subject to the regu1a-
tions imposed by the laws of the
State of Ohio and such general
reasonable regulatory ordinances
of the Municipality as may exist
chise or thereafter be adopted in
Guiding the continuing right of
said Municipalities Council to re-
quire such reconstruction, relocA-
ton, change or diScontfnuance OF
the appliances used by said Utility
in the streets, alleys, avenues and
highways of the Municipality, as
shall in the opinion of Council be
necessary in the public interest.
The grantee, however. shall have
right to a fair return on its in
vestment; it being understood,
however, that the Municipality
cannot waive or surrender any OF
the police powers granted to, or
inherent in, municipal corpora
ttons and nothing herein contained
shall be construed as waiver or
surrender of such powers or other
rio h 70. ~
cipal corporations.
In construction, maintenance or
repair of its properties, the gran
tee shall comply with all regula-
tions existing or that may there
after be made by the Municipality
grantee shall be liable for dam
ages that may arise by reason of
its failure or neglect to comply
with such regulations and shall
save the Municipality harmless
from any and all claims for dam
ages by reason of such failure or
neglect
Section F: The grantee shall
fully indemnify the Municipality
and save it harmless from any
and all damages that the Munich
patty may sustain and from all
penses, which the Municipality
may. in any manner, suffer. or In
cur, and which may be recoverable
from or obtained against the Mil
nicipality for or by reason of the
granting of the rights hereby con-
ferred upon the grantee or grow.
ing out of or resulting from the
exercise and use by the grantee OF
any of the rights hereby granted
to it,
Section G.: For a period of ten
wears after the taking effect of
this franchise the grantee NAV
charge for supplying the service
of said utility to the Municipality