Year: 1861

1


d Bill to Lease the Public Works.


A BILL TO PROVIDE FOR LEASING THE PUBLIC WORKS


Be Il enacted by the General Assembly of III


State Of Ohio, as follows:


SECTION l. That the Governor, Auditor art


Treasurer of State be, and the same are, here


by authorized and required, as hereinafter pro.


vided, to lease for the term of ten years. from


the day of the approval Of the bond herein re-


quired, the public works of the State, consist
| ing of the Miami and Erie Canal, Ohio Canal


Walhonding Canal, Hooking Canal, Sandy anG


Beaver Canal, Muskingum Improvement, an6
| Western Reserve and Maumee Road, and all


the side cuts, feeders, reservoirs, lock houses


collectors offices, weigh.locks, and leases Of


surplus water, connected with the same OF


appertaining thereto, and owned by the State


for the purpose of being used in connection


Herewith, with the right to have additional sur


plus water; and all moneys derived from the


leasing OF said public works shall be paid into


the treasury of the State, and form part oil


the sinking fund.


SEC. 2. Immediately after the passage Of


this act, the said Governor, Auditor and


Treasurer shall advertise the eaid public


works, with their appurtensnces, as specified In


the first section of this act, to be let for the


term of ten years, at public auction, in the


rotunda of the State-house, in the city of Co.


lumbus, between the hours of 10 o'clock A.


M. and o'clock P. M, of the day of letting,


which shall be on the 29th day of May, A. D.
1861; and said advertisement shall be published
in two newspapers printed, and of general cir


culation, In each of the cities of Cincinnati,


Cleveland, Dayton, Columbus, Toledo and Z,nes
vile, which advertisement shall be continued
in the papers aforesaid until the time of said


letting, and shall describe the works to be let,


specify the time and place of letting the same,


and the terms upon which said works are to be
let. And the said Governor, Auditor and


Treasurer, on the said 29th day OF May, A. D.


1861 and between the hours of 10 o'clock A.


M. and A o'clock P. NJ, thereof, and at the


place aforesaid, shall proceed, at public auction,


to let said public works, for the term of ten


years, as aforesaid, to the person or persons who,


In consideration Of the tolls, fines, water rents,


and revenues to be derived therefrom, shall bid


to pay the highest annual rent therefor, to be


paid in semi annual payments, in advance, each


year, during the term of said lease: Provided,


that no bid shall be received unless the person


or persons making the same shall have first de .


posted with the Auditor of State, in money
or in stocks OF the State of Ohio, or of the


United States, the sum of twenty thousand
dollars, upon the conditions following, to wit:
That he. or they will, on their part, enter
into an indenture of lease of said public
works with the State of Ohio, if the same
shall be struck off to him or them, and also
give O bond payable to the State OF Ohio, in
the sum of two hundred thousand dollars, with


five or more sufficient suretes, to the satisfaction
of the Governor, Auditor and Treasurer of State,
and renewable every two years, or oftener if
the Governor, Auditor and Treasurer of State
shall think the sureties at any time insufficient,
conditioned that the said lessee or lessees shall
perform all the covenants of said lease on their
part to be performed, and will pay all damages
suffered by the State or individuals, by reason
of his or their failure to DO SO; and in default
of said lessee or lessees entering into said in
denture of lease and giving said bond, the de-
post 80 made as aforesaid shall be absolutely
forfeited to and become the property of the
State; and provided, further, that no railroad
company shall in any manner become party to
said bids, or be interested therein, or in said
lease; and il shall be unlawful for the lessee or
lessees of said public works, or their assigns,
during the continuance of the term Of said lease,
to sell or assign the same, or any interest there.
in, to any railroad company, or to any trustee,
agent, or other person for or in behalf of any
railroad company; and all assignments so made
shall be null and void: and provided, further,
that said public works shall not be let for an
annual rent of less than twenty thousand dol
lars.


SEC. 3. The person or persons who shall be
the successful bidders at said letting shall,
within five days thereafter, enter into an in
denture of lease with the State of Ohio, which
shall be executed by the Governor on behalf
of the State, and which shall contain all the
covenants, agreements, reservations and stipu.
lations between the parties, required by this
act, or necessary to carry out its provisions,
and within the same time said lessee or les
sees shall execute and deliver the bond men
toned in the preceding section: Provided,
that if the successful bidder or bidders shall
fail within said FIVE days to enter into said in
denture, and to deliver such bond, then the
Governor shall give two weeks notice and pro
ceed to relet, and 90 on until lease Is made,
the lessee or lessees giving bond with security
as aforesaid: Provided further, that the annu
al rent shall not be less than twenty thousand
dollars.


SEo a. II shall be the duty of the attorney
general Immediately afte. the passage of this
act, to prepare the form of bond and indenture
Of lease herein required; and it shall be part
of the contract between the lessee or lessees and
the State that the lessee or lessees shall pay the
rent aforesaid at the time and place specified in
his or their lease, and shall faithfully perform
all the legal contracts OF the State for the term
aforesaid contained in the water leases on said
public works, or on leases Of ground for collec
tors offices or lock houses, and all arrange
ments or agreements entered into by the State |
of Ohio, by acts Of the General Assembly or 9th |
er wise, with any person or persons, State, COR
poration or company, or with the United States
relating to the public works during the term
and shall at all times, when the sea
son will permit, and the water is not necessa-
rily drawn out of said public works. for repairs
or new construction, or when said works are
not obstructed by ice or by reason of some
unavoidable breach in some structure of the
said works, or other casualty, or on account
Of scarcity Of water produced by drought,
keep the same in good and proper condition
and repair, for prompt, speedy, and success
full navigation by all boats not drawing more
than three feet Of water, and shall, from time
to time, make all necessary and proper repairs
and reconstructions as the Board may require,
and under the direction of the Board or an en-.
gineer appointed by said Board, so as to keep
said public works in good and proper condition
of repair, and deliver up said public works to
the State of Ohio at the termination Of said
lease in like good condition; but no change of
plan or mat erials shall be required which shall
make the works more expensive than the old
plan or materials used; and all such repairs
shall be made at the time determined upon by
said Board, and after reasonable notice of the
same shall be given by the board to said lessee
or lessees and the lessee or lessees of said pub.
lie works shall permit all persons to navigate
said canals or travel upon said road, making no
distinction In tolls charged or privileges granted
in favor Of any person or company. And the
rates Of toll charged on the canals shall in no