|
Ordinance
<br />The term Municipality, where used herein, shall refer to the Mun3.cipality granting
<br />this franchise,
<br />Section B: The said grantee is hereby granted the right, for the full
<br />period of twenty years after the date of the final confirmation of such 3udicial
<br />sale on foreclosure of mortgage, to construct, maintaa,n, operate and extend upon,
<br />along and under the streets, lanes, alleys, avenues and other public thoroughfares
<br />and public property of the Municipality, with the full and necessary privileges for
<br />the use of the streets, lanes, alleys, avenues and other public thoroughfares or
<br />property for the purpose of constructing, erecting, maintaining, operating and
<br />extending, mains, valves, meters, outlets, connections, manholes, and all other
<br />apparatus necessary or appropriate to the operations of the Uti.lityo
<br />, Section C: This franchise shall be held to apply to and give the right
<br />to own and operate al], the properties, property rights and interests theretofore
<br />owned or operated by the Municipality as or in connection with said Utility9 wi:th
<br />all extensions, betterments, replacements and new equipment which have been made
<br />or added thereto by said Municipality prior to the taking effect of this franchise,
<br />together with the extensions and betterments and equipment which may thereafter be
<br />made from time to time by the grantee during the life of this franchise,
<br />Section D: The grantee, in the maintenance, repair or extension of said
<br />Utility,shall not unnecessarily interrupt or obstruct use of any street, lane9
<br />all.ey or public thoroughfare, and in connection with any such work shall obtain
<br />such permits and approvals as may be required by the ordinances of the Municipality.
<br />When any streets, a]leys or public grounds are entered upon, or facili-
<br />ties removed therefrom, the grantee shall restore the same to their original
<br />condition and shall clear all such places of dirt, obgtructions and anything that
<br />might constitute a nuisance, or prevent such street, alley or public ground from
<br />being open and in repair. Such restoration to original condition shall be made
<br />by the grantee under the supervision and control of the appropriate officer of the
<br />Municipality, who shall determine what part, if ar?y, of such work, shall, be done
<br />by the Municipality and charged ta the grantee. Upon the doing of such work9 the
<br />Municipality shall furnish the grantee with itemized bills of the cost thereof,
<br />which bills shall be paid by the grantee within ten (10) days after the receipt .
<br />thereof.
<br />Section E: The grantee shall at al.T times be sub3ect to the regulatinns
<br />"imposed by the laws of the State of Ohio and such general reasonable regulatory
<br />ordinances of the Municipality as may exist at the effective date of this franchise
<br />or thereafter be adopted, including the continuing right of said Municipality@s
<br />Council to require such reconstruction, relocation, change or discontinuance of
<br />the appliances used by said Utility in the streets, alleys, avenues and highways
<br />of the Municipality, as shall in the opinion of Council be necessary in the public
<br />interest. The grantee, however, shall have a right to a fair return on its invest-
<br />ment; it,bei.ng understood, however, that the Municipality cannot waive or surrender
<br />any of the palice powers granted to, or inherent i.n, municipal .corporations and
<br />
<br />2k
<br />.
|