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semi-annually on or before the tenth (10th) days of June and December of each
<br />year during the term of this franchise~ and to provide means for the payment of
<br />all amounts to be paid by theCity under this franchise, in the event funds are
<br />not available from any other source, the City, in its annual budget and taxation
<br />and appropriation ordinances each year during the term of this franchise,
<br />obligates itself to include a sufficient sum to pay for those services or
<br />products.
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<br /> Section H. In the event that the foregoing rates (which are minimum
<br />rates, rather than maximum rates) shall prove insufficient to provide revenues
<br />yielding, after meeting operating and maintenance charges in anamount consistent
<br />with sound management and commensurate with the services required by the City,
<br />an annual return of approximately eight percent (8%) on the reasonable value of
<br />the Utility, including a'reasonable allowance for depreciation, plus the cost of
<br />betterments, improvements and extensions, less depreciation thereon, as may have
<br />been required, or aPProved by the City, then the City, by appropriate ordinances,
<br />shall raise such rates, or approve and authorize action of the Grantee raising
<br />such rates, sufficiently to produce that return in the manner required by any
<br />applicable law, but the duty of the City to raise, or to approve and authorize
<br />the Grantee to raise, the rates shall arise forthwith upon the request of the
<br />Grantee, any law to thecontrary notwithstanding~ In the event such action by
<br />the City is not taken, a complaint may be filed with the Public Utilities
<br />Commission of Ohio or its successors in office and proceedings had before the
<br />Commission as provided in Sections 4909.34 to 4909.39, inclusive, of the Revised
<br />Code of Ohio. The Grantee's right to complain to the Con~aiSsion shall be
<br />cumulative to its right to enforce theperformance of the duty so imposed on the
<br />City under the provisions of Section 2731.01 et sea., of the Revised Code of
<br />Ohio.
<br />
<br /> Section I. For the second ten-year period of this franchise, the
<br /> rates to be charged by the Grantee shall be fixed by the Council of the City by
<br /> and with the consent of the Grantee or, in the event of the inability of the City
<br /> and the Grantee to agree, shall be such as may be fixed or determined in
<br /> accordance with the provisions of the Revised Code of Ohio, including
<br /> Sections 4909.16 to 4909.19 thereof, but in any event, the rates shall be such
<br /> as to produce to the Grantee the same return as provided in Section H hereof.
<br />
<br /> Section J. The Grantee shall keep all records and accounts of the
<br />Utility in form prescribed by the Public Utilities Commission of Ohio, subject
<br />always to the right of the Council of the Cityto require more detailed forms and
<br />to exact more comprehensive statements than may beprescribed by the PUCO. The
<br />City shall at all times have access to, and opportunity for inspecting,
<br />properties of the Utility and shall at all times have opportunity for auditing,
<br />examining and keeping copies of all records and accounts in any way Pertaining
<br />to the ownership or operation of the Utility, together with the right to require
<br />of the Grantee detailed reports relating to the finances, operation, management
<br />and ownership thereof. The City shall have the further right to establish
<br />standards of service, to prevent unjust discrimination in service or rates, and
<br />to require adequate extension of plant, equipment and service.
<br />
<br /> Section K. No rights herein granted to the Grantee to construct,
<br />maintain or operate the Utility shall be construed as exclusive or as preventing
<br />the City from granting a franchise or privilege to any other-person, firm or
<br />corporation.
<br />
<br /> Section L. The City reserves the right to terminate this franchise
<br />upon the City's purchase of all of the property of the Grantee An the streets and
<br />highways of the City and elsewhere, used in or useful for the operation of the
<br />Utility at a price to be determined in accordance with law. Nothing in this
<br />franchise shall prevent the City from acquiring the property of the Grantee by
<br />condemnation proceedings or in any other lawful mode. Upon the acquisition by
<br />the City of any property of any Grantee by purchase, condemnation or otherwise,
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