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Home My WebLink About052-79 Ordinance ,.,.c.,"".........:. ", :: . " T......r... .... ... .~_~~"'''''''' .'" ,,,,,,,..,,.c.,,,,,,,;;.iI':'~'...,.,i..z ."",. \~~iz.~;, ,,". . ~.,:;r,~_: ,,0:1,>. .. .':i?~'''':l!':\!I,.._ ttaI .' . ..... .' . "..W;...,.",.;w.~:-''' .. .. ." .. #' ~,.~,,~. ,~~,-,.. -,' ,.c,...... . . b*.:~'4>...,.i?1f.i.~q~ti'"::.~''' ~..,.;.~~~".f..,"_ ~.-.~.'.Jo:. . ,.. . . ~ . ~ . / ORDINANCE NO. ~ -;. ?~ ~F€c 711J ~ JOAJ€ ',1''7'1 AN ORDINANCE TO PROVIDE FOR FURNISHING, OPERATING [ AND MAINTAINING A LIGHTING SYSTEM TO LIGHT THE STREETS, ALLEYS AND PUBLIC PLACES IN THE Villa~e OF Dublin , Franklin and Delaware COUNT , OHIO. BE IT ORDAINED BY THE COUNCIL OF THE Village OF Dublin , STATE OF OHIO: SECTION 1: That Columbus and Southern Ohio Electric Company, its successors and assigns, (herein called the "Company") is hereby vested with the right to light with electricity the streets, alleys and other public places in the municipality of Dub 1 in , Ohio, (herein called the "Municipality") and the Company shall have the right to charge and receive from the Municipality payment for said services in accordance with the schedule of rates set forth below. The initial system shall consist of the following: 52 - 100 watt, high pressure sodium fixtures, installed on 16 ft. metal standards, underground service @ $9.25 per lamp per month (Metro Center) [ Provided, however, that the Company shall, prior to install- ing any part of the above street lighting system, obtain approval from the Council of the Village of Dublin as to the size, type and location of the installation. Additional lights, of the type specified above, shall be installed at the a19licable charges shown for the duration of Ordinance No. jZ. . SECTION 2: The amount of energy used by each lamp is calculated on the basis of all night burning every day of the year, or approximately 4000 hours per year (an average of 333.3 hours per month) . In addition to the charges set forth in Section 1 above, the Company will, each month apply the following: FUEL COST ADJUSTMENT: The fuel cost to be charged under rate schedules that specify fuel adjustment in conformity with this Fuel Cost Adjustment clause shall be actual allowable fuel costs per kilowatt-hour determined under provisions of Chapter 4901:1-11 of the Ohio Administrative Code. As of December 21, 1977, the allowable fuel cost is $0.010364 per KWH. The target thermal efficiency required by Chapter 4901:1-11 of the Ohio Administrative Code is 93.42 KWH/MMBTU. The full text of Rider Number 1 of P.U.C.O. Number 1 is 0 available upon request. . "- SECTION 3: Payment for the service furnished hereunder shall be made monthly, in accordance with bills rendered therefor by the Company at the end of each period, each payment to be due within 15 days of the submission of the bill therefor, overdue pay- ments to bear interest at the rate of 6% per annum until paid. Should the Municipality default in four (4) successive payments, the Company may at any time discontinue service hereunder without notice so long as any default exists; provided, however, that no charge shall be made by the Company for service hereunder during any period in which service is so discontinued. In the event of such default the Company upon written notice to the Municipality may terminate this agreement. ----------- ~ . . . . . . SECTION 4: The Company agrees during the term hereof to install additional street lights of the type and size specified above when authorized to do so by the Village Administrator, with the con- sent of Council. SECTION 5: The Company shall make every effort to keep U the street lighting system contracted for in operation during the time provided. If, for any reason, the Company fails to do so for more than an aggregate of four (4) hours in anyone month, and upon written notice of such aggregate outage furnished to the Company by the Municipality within ten (10) days of the end of such month, there shall be a pro rata reduction from the bill to cover such outages. No liability shall attach to the Company for any outage. SECTION 6: The Company at its own expense shall exercise reasonable diligence to insure that the lighting system is in good order and that all street lights are burning and shall make replace- ments as soon as possible following notification by the customer of the need for such service, but the Company shall not be required to perform any such replacement or maintenance except during regular working hours. ... SECTION 7: The Company shall save the Municipality harmless from any and all liability occasioned by the sole negligence of the Company in the construction, maintenance and operation of its street lighting system in the Municipality. SECTION 8: Title to all wire, poles, lamps and appurte- nances used by the Company in furnishing the service contemplated in this Ordinance is and shall be in the Company. [ SECTION 9: All the rights and privileges granted to, and the obligation imposed upon the said Company, as recited in this Contract, shall respectively inure to the benefit of and be binding upon its successors and assigns. SECTION 10: That all ordinances or resolutions, or parts thereof, that are inconsistent or in conflict herewith be and the same are hereby repealed. SECTI()N 11: That this Ordinance shall take effect and be in force from and after thirty days from its passage of the earliest period allowed by law; and shall terminate on August 16, 1982 pro- vided that it shall have been accepted by the Company by written acceptance filed in the Office of the Clerk of the Municipality. Passed this 7"" day of m^"f , 1979. . ~ ~4bJ &d,~ Presl ent Pr6 Tempore Ma~.(~fficer ATTEST: rr~er ~ . . EXTRACT FROM MINUTES OF COUNCIL Ata Regular meeting of the Council held at 7:30 P. M. on May 7 , 19 ..1J., with the following members present: ,.... 1. Wm. Callahan 4. Catherine H~Adlee . z. Will ard Chambers 5. Charles Mand [ 3. Ronald Geese 6. Jacob Shawan and seconded by Mr. that It was moved by Mr. Geese Ca II ahan the Ordinance No. 52-79 . entitled: To provide for furnishing, operating and maintaining a lighting system to light the streets, alleys and public places in the Vii lage of Dubl in, Frank.lin and Delaware County, Ohio. . be placed upon its first reading. Thereupon a vote was taken on the motion with the results as follows: YEAS: CAIIAh.,n Chambers Geese Headlee Mand Shawan . NAYS: , Motion carried. The ordinance was thereupon given its first reading. 0 It was moved by Mr. and seconded by Mr. that the " rules governing the reading of ordinances at three separate m;-~tings on separate days be suspended and the ordinance be immediately placed upon its passage. Thereupon a vote was taken on the motion with the results as follows: YEAS: . ; NAYS: Motion carried. It was moved by Mr. Mand and seconded by Mr. Geese that said Ordinance No. 52-79 be passed and adopted. Thereupon a vote was taken on the motion with the results as follows: YEAS: Ca Ilahan Chambers Geese Headlee Mand . Shawan . NAYS: , Motion carried. The Mayor declared the Ordinance duly adopted. D Richard Termeer I, t Clerk of the municipality of V i II age of Dub I in, Frank I in County, State of Ohio, hereby certify tl~at the above is a true and correct copy of the minutes of the meetings of the Council of said municipality insofar as they relate to Ordinancc No. l\2-7Q . Certified this 1'( day of M~ t 19 :H-. ~~cJ' ,0/ Clerk , , "i' /" 5'2 -71 I, Ricbspg T81'l1R88r ' Clerk of the Council of the Village of Ollh I in . ~riin'" I in County, State of Ohio, do hereby ce~tify that there is no newspaper printed in said [ Munic~pa.lity, and that Publication of Ordinance No. 51.-79 To provide for furnishinQ. operatin9 and maintaining a I i ght i ng system to light the streets. alleys and public places in the Village of Dubl in, Franklin and Delaware County, Ohio. was duly made by posting true copies thereof at five of the most public places in said corporation as determined by Council as follows: Dub I in T. V . Dub I in library Dublin Barbershop . ~ Dublin Municipal Bu i I ding Heritage Antiques each for a period of fifteen days commencing on the 8th day of May , 19 79 . Certified correct this /'f day of 1hA1 , 1911-.. ~~ ClerkJ>f Council of the Village of .J1It~J , Ohio ~ r ,-, t::-'j, J~ . . . ,) 0 i' . . ACCEPTANCE The undersigned, Columbus and Southern Ohio Electric Company, hereby ~ assents to and in writing accepts the foregoing Ordinance No. 52-79 passed by the Council of the Villa,. of Dublin , Ohio on the 7th day of May , 1979 . IN WITNESS WHEREOF, said Columbus and Southern Ohio Electric Company has caused its corporate name to be signed hereto by its Vice President and its corporate seal to be hereto affixed, attested by its Secretary, this 1 ~~l day of M ~'-1 , 1 <79 . \ COLUMBUS AND SOUTHERN omo ELECTRIC CO. By (f./J. ~r~r- D Vice Pr..id. t ATTEST: Q~ J2-.Q~ Secretary An executed acceptance in the foregoing form was filed in my office this ~ I 51 day of 1Yl"i ' 1979 . ~ ~ ~ Clerk Dublin , Obi. 0 r "- __h