The journal. (Caldwell, Ohio) 1934-1961, 1957-10-17


il being understood, however, that the
Municipality cannot waive or surrend-
eT any Of the police powers granted
to, orr inherent in municipal corpofa- i
tfdffs. .-sand ;nothinge herain contaiIed !
shall be construed as waiver or sur
render of such powers or other rights
conferred by law on municipal corpo-
rations.
In construction. maintenance or re-
pair of its 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
| II 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 @: For 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
| pdlItSS 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 10 be
| furnished to said Municipality shall be
| paid to the grantee serni-annually on
| or 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 10 De paid By said Municipal
| ity 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-
| priation ordinances each year during
| the term OF this contract, obhgates 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
| shall 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 rates., shall prove insult
| ncient 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 APP
| proximately six per cent on the reas-
| enable value Of the utility. including a
| reasonable allowance for depreciation,
plus the cost of bet{erments, improve
| mentS and extensions. less depreciation
| thereon. IS may have been required
rFr -
Municipality, by appropriate ordinanc-
eS shall raise such rates, or approve
1 and authorize action of the grantee
raising such rates. sufficiently TO Fro
duce such return in the manner re-
CURED by any applicable law, but the
duty OF the Municipality to raise, or
10 approve and authorize the grantee
| 10 RAISE, such rates shall arise forth
with upon tie request Of the grantee.
any law 10 the contrary notwithstand-
ing. In the event such action by the
| Municipality is not taken, complaint
may be filed 10 the Public Utilities
| Commission or its successors in office
and proceedings had before said COM
| mission as provided III Sections 4909.-
81 to 4909,3T inclusive Of the Revised
Code Of Ohio The grantees right to
| complain TO said commission shall be
| cumulative 10 its right to enforce the
! performance Of the above imposed
duty on the Municipality under the
, provisions OF Section 2731 0l ct seq
, | oi the Revised Code of Ohio.
Section I: For the second ten-year
, | period of this franchise, the rates to
, | be charged by said grantee shall be fix
cd by the Council of said Municipality
by and with the consent of the grantee
or in the event of the inability of the
, Municipality and grantee to agree,
, shall be such as may be fixed o. oe-
: | terlnined in accordance with the pro-
| visions OF the Revised Code cI Ohio,
, including Sections 4909l6 to 49O919
. | thereof, but in any event. the rates
| | shall be such as TO produce 10 the
( grantee the same return as provided
III Section II hereof,
Section J The grantee shall keep ell
| 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 of
. | Council of the Municipality TO require
| moro detailed forms and to exact more
| comprehensive statements ti.an may he
prescribed by said Commission. The
| municipality shall at all times have ac-
| cess 10 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 10 the ownership or opera
, ton Of the utility, together with the
, | right to require of the grantee AT any
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 K; 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
! chlse or privilege to any other person,
firm or corporation.
Section 10.--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
of this ordinance
| Section Il-Emergency Clause-ThiS
| ordinance IS hereby declared TO be an
| emergency measure necessary for the
| immediate preservation of the public
peace. health and safety in said NUM-
| 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
| Municipality and its Inhabitants;
WHBREFO ORE, if two-tilirds of the
members elected 10 council vote for
passage of this ordinance, il shall be
| in full force and effect from and i'm
mediately after its passage and approx
| al; otherwise it shall be in full force
and effect from and after the earliest
period allowed by law
| Passed: Oct. l, 1857