The journal. (Caldwell, Ohio) 1934-1961, 1957-10-10

er any of the police powers granted |
to. or inherent in, municipal corpora |
tions and nothing herein contained |
shall be construed as waiver or sur
render Of such powers or other rights |
conferred by law on municipal corpo- |
ratiOns.
In construction, maintenance II re-
pair of IFS properties, the grantee shall |
comply with all regulations existing or
that may thereafter be made by the
Municipality applicable to said grantee.
and the grantee shall be liable for
damages 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 damages by reason OF
such failure or neglect.
Section F: The grantee shall fully
indemnify the Municipality and save
il harmless from any and all damages
that the Municipality may sustain and
from all judgments, DEGREES, costs and
expenses, which the Municipality may,
in any manner. suffer, or incur. and
which may be recoverable from or OBJ
tanned against the Municipality for or
by reason of the granting of the rights
hereby conferred upon the grantee or
growing out of or resulting from the
exercise and use by the grantee Of any
of the rights hereby granted to it.
Section c.: For a period OF ten years
after the taking effect of this fran
chiSe the grantee may charge for sup
plying the service of said utility to the
Municipality and inhabitants thereof
rates equivalent to the highest schedule
of rates in effect under the Munich
pality's operation of said utility during
the period from the granting Of this
franchise to the effective date of this
franchise, increased by ten per cent
The payments TO be made by said
Municipality to said grantee for ser
vices or products of the Utility to be
furnished TO said Municipality shall be
paid to the grantee emi-annually on
OF before the tenth days of June and
December in each year during the term
of this contract; and in order to pro-
vide means for the payment Of all
amounts TO be paid by said Municipal
lty under this contract, in the event
funds are not available from any other
source the said Municipality in its
annual budget and taxation and appro-
prlatlon ordinances each year during
the term of this contract, obligates it.
self to include and levy a sufficient
sum on all the taxable property in said
Municipality to pay for such services
or products, the proceeds Of which levy
snail be placed in separate fund and
which taxes, when collected, Shall be
held inviolate for that purpose.
Section II In the event that the above
rates (which are minimum rates not
maximum ratesl. shall prove insult
ficient to provide revenues yielding
after meeting operating and mainten-
ance charges in amount consistent with
sound management and commensurate
with the services required by the
Municipality. an annual return of aD-
proxilnately six per cent on the reas-
enable value Of the utility. including a
reasonable allowance for depreciation,
plus the cost Of betternents. improve
ments and extensions, less depreciation
thereon, IS may have been required
or approved by the Municipality, the
Municipality, by appropriate ordinance
es, shall raise such rates, or approve
and authorize action OF the grantee
raising such rates, sufficiently TO pro-
duce such return in the manner re-
quired by any applicable law. but the
duty of the Municipality to raise, or
To approve and authorize the grantee
TO raise. such rates shall arise forth
with upon the request OF the grantee.
any law to the contrary notWithstald-
ing. In the event such action by the
Municipality is not taken. complaint
may be filed to the Public Utilities
Commission or its successors in office
and proceedings had before said COM
mission as provided in Sections 1909
| "a to 4909.37, inclusive of the Revised
Code of Ohio The grantees right to
complain to said commission shall be
cumulative to its right to enforce the
u
| duty on the Municipality under the
| provisions Of Section 273l 0l ct sea
| of the Revised Code of Ohio.
Section 1: For the second ten-ycar
period OF this franchise, the rates TO
| be charged by said grantee shall be fix
| ed by the Council OF said Municipality
| by and with the consent of the grantee
| or III the event OF the inability of the
| Municipality and grantee to .agfee
| shall be such as may be fixed OF. ee-
| termined in accordance with the pro-
| visions of the Revised Code ci OHIO
| including Sections 1909 I6 To 1909 lg
| thereof, but, III any event. the rates
| shall be such as to produce TO the
| grantee the same return as provided
| in Section H hereof.
| Section j. The grantee shall keep al
| records and accounts of the utility in
| such form as shall be prescribed by
| the Public Utilities Commission OF
| Ohio. subject always to the right, oi
| Council of the Municipality to require
| moro detailed forms and To exact more
| comprehensive statements than may he
| prescribed by said Commission. The
| municipality shall at all times have ac-
| cess to and opportunity for inspecting
| all properties OF the utility and audit
| ing, examining and keeping copies OF
| all records and accounts in any way
| pertaining to the ownership Or opera
| ton of the utility, together with the
1
| time detailed reports relating to the
| finances. operation, management and
| ownership thereof. The Municipality
| shall have the further right to estab-
! lish standards of service. to prevent
! unjust discrimination in service or
rates, and to require adequate exten-
| sion OF plant, equipment and service.
| Section *: No rights herein granted
| to the grantee to construct. 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 l0.-Separability Clause
| Each section Of this ordinance and each
subdivision of any section thereof is
| hereby declared to be independent
| and the finding or holding of any Sec
| ton or subdivision Of any section
| thereof to be invalid or void shall not
| be deemed or held to affect the val
| idity of any other section or subdivision
1 of this ordinance.
Section i1--Emergency Clause-This
| ordinance is hereby declared to be an
4 emergency measure necessary for the
4 immediate preservation of the public
| peace. health and safety in said NUM-
4 cipality and for the further reason that
| immediate construction of the exten-
/ sions and improvements to be provided
| for from the proceeds of the Improve
ment Bonds is essential to provide
| adequate light and power to said
| Municipality and its inhabitants;
| WHEREFORE, if two-thirds of the
| members elected to council vote fol-
| passage of this ordinance. it shall be
| in full force and effect from and I'M
| mediately after its passage and approv-
| al; otherwise it shall be in full force
| and effect from and after the earliest
| period allowed by law.
| Passed: Oct. /, 1857
Dwight F. Wiley. Mayor
Violet Morgareidge Clerk
| Is 16 & L