65-217 Ordinance - Laserfiche WebLink

Home Browse Search

• _ f b -- Or dinance 6 j? o? )? . ? nothing herein contained shall be construed as a wd.iver or surrender of such pawers or other rights conPerred by law on municipal corporations. Yn constructiorr, maintenance or repair of ita propo,?ties, the grantee shs11•cmply aith a11 regulations existing or that may thereafter be rnade by the Municipa:Lity applicable to sa1d grantee, and the grantee shal.l 'be liable for dariages that uay arise by reason of its failure or neglect to comply with auch Ve6ul.Ltcions and shall save'the Municipality harmless from any and all claims for dsmages by reason of such failure or neglect. ' Section F: The gxantee shall fully indemnify the Municipality and save it harmless °rom any and all dama.ges that the Municipality may s'astain and frcun a11 Juc'igments, decrees, costs and expenses, which the Municipality may, in any rr,?.nner, suffer, or incur, and which may be recoverable from or obtained asdisu;t the Naunicipal.ity Yor or by reason of the granting of the rights hereby c:onfe:rred upon the gxantee or growing out of or resulting trom the exercise and use by the grantee of any of the.rights hereby granted to it. Sectior, G: For a period of ten years after the taking effect of this fzanchSse the grantee•may charges i'or supplying the service of baid Utility Lo the Municipality and inhabitents thereoi' rates equival.ent to the highest schedule of ratea in efx'r,cb unc'Ler the Municipality'a opc;ration of aaid Uti].ity during the period tron the grariting of this franchise to the effective date of this franchise, increasect by ten per cent. The payrrlenZS to be made by said A,unicipality to said grantee f'or ser- vicess nr products of the Utility to be flunlished zo said Municipal.ity shall be paid tu the grantee semi-anrruall,y on or before the tenth da.y% of June and December in eacn year during the term of this contract; and in ord,er to provicl.e tneans tor the prayment of all amounts to be paid by said Municipality under this contract, in the event ilunds are not available from aray ot..er source, the said Municipality in its arulual budget and taxation and approp-riation ordina.nces each year 3uring the texm of this contract, obligates itself to inclucLe and levy a aufficierrt sum Qn al.l the taxgble property in said Municipality to pay i'or such services.or products, the proceeds of which levy shall be placed in a separate' tlind and which taxes, when collected, s,1a11 be held inviolate for that purpose. Section H: In the event tha.t the above rates (vrhich are minimuzn rates - not maxlmnun rates)., shall prove insufficient to provid,e reveriues yielding, after meeting opcrating and maintena,nce chargas in amourit cansistent vi.th sound m.ana.ge- rment and commensurate with the services require3 by the Municipal.ity, an annua.i rtturn of approximately six per cent on the reasonable value of z'rle Utility, in- ciuding a reasonable al.lawance for cl,epreciation, plus the cost of betterments, imgrovE:ments and extensions, less depreciation thereon, as may tave been required or approved'by the Municipality, the MunicipaSity, by appropriate ordinances, shall raise such rateg, or approve and authorize action of the grantee raising such rates, sufficiently to procluce such return in the manner required by ar?y applicable law, but the cluty of the Nfunicipelity 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 notwithstanding. ::. the everrt such action by the Municipality is 2 1