65-217 Ordinance - Laserfiche WebLink

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- /0 - Ordinance ` j , 02 17 ? nothing herein contained shall be construed as a wa.iver or surAncier of such powers or other righta conferred by law on municipal corporations. Tn construction, ma,intenance or repair of its properties, the grantee shall comply with a11 regulations existing or that may therea.fter be rnade by the MunlcipaLity applicable to said grantee, and the grantee sha1.1 "be iiable for dacmges that may arise by reason of its failure or neglect to coriply with auch regul.acians sn3 shall save the Municipality harnlless from any and fill claims for ciamages by reason of such failure or neglect. Section F: The grantee shall flil.ly indemnify the Nfunicipality and save it harmless °rom ar?y and a11 damages that the Municipality rr,a4Y sustain anii from al1 jucle;nents, cLecrees, costs and expenses, which the Municipality may, in ariy rrr-nner, 5uffer, or incur., end which may be recoverable from or obtained againsti 'thc N,unicipality for or by reason of the granting of the rigYits hereby conferrect upon the grantee or growring out of or resulting frora the exercise and z:se by the grantee of any of the.rights hereby granted to it. Sectior, G: For a period of ten yeaxs after the telcing effect of this franchise the grantee may cYaxgc s,or supplying the service of :3aid Utility z0 the Municipality and inhabitants tnereoi rates equival.ent to the hYghest schedule of rates in tfz'uct unds;r the Municipality's opc:ration of said Utility during the period fYom the granting of this franchise to the effective date of this franchise, increased by ten per cent. The payments to be made by said N:unicipality to said grantee f'or ser- vices or products of tne Utility to be fli'rnished to said Municipril.ity shall be paid tu the grantee semi-annually ori or bef''are the tenth days of June and December in eacn year during the term of this contract; and in order to provici.e rr.eans t'or the payment of all amounts to be pn,id by said M.inicipality under this coritract, in the Event tlxnds are no 'w available from any ot:?.er source, the said N.unicipal.3.ty in its annual bu3get rsnd taxeuion ancl approp-rietion ordinances each year 3uring the term of this contract, obliga.tes itself to incluci,e and levy a sufficYent sum on a].1 the taxable property in said Manicipality to pay for such services ar products, the groceeds of';which levy shall be placed in a separate flaxid and wrhich taxes, when collected, shall be hald inviolate for that purpose. Section H: In the event that the above rates (whicn arz minimum rates - not maximum rates)., shall prove insufficient to provi3e reveriues yielding, afre:c meeting oy,!: rating and :as.intenancE charges in aaoint consistent with sound manage- :r.ient and commensurate with the services require3 by the Niuriicipali -ty, an annaai ?.., return of approximately six per cent on the reasonable vaiue of the Utility, in- clud:ing a reasonable allawance for dspreciation, plus the cost of bet?errnEnts, imp'rove:nents and extensions, lesa deprecS.ation thereon, as may nave been required or wpproveci by the Municipality, the Municipality, by appropriate ordinances, shall raise such rates, or approve rand authorize action of the 07an-tee raising such rates, sufficiently to produce such return in the manner required by ar?y applicable lacr, but the duty of the Munici'pality to raise, or to approve and authorize the'grantee to raise, such rates shall arise forthwith upon the request of the grantee, any law to the contrary notwithstsnding. :r, the event such action by the Municipality is 2 1