The URL can be used to link to this page

Home My WebLink About16-72 Ordinance i " , I II ;. 11'11 I 'I 'I , ' , ' I ~ \' "\ , .., . ) ~ . j ~ I her""~~' ;.^....:r~, ~,,~.. t:~ . f : fl.' .-..,. r~1)fCS I. 0 (J- . 0 t lIS ... . . . . . . ... .... '. . .. T' '(~:':- r'" ""-:"'''cd in of')c"'I"llo"~' _'" -.-... 1I ~_.:... . t.....v..." .'" ....P_f...:1,. "...~.. ... v '''-''' . ":", "':5 -:l .....} 11",_ I . ..l.,.~._ so utlCl1 03.~2 of the Vi;!.,....., of j"'I.., r Ohi' , U--'0~ ..., ...D ,10, , . ~ ORDINANCE NO. J C1:/ .... .:JJK ~.!~~ LVl1bge, ClerIi ' AN ORDINANCE TO PROVIDE FOR FURNISHING, OPERATING AND MAIN- TAINING A LIGHTING SYSTEM TO LIGHT THE STREETS, ALLEYS AND ~ PUBLIC PLACES IN THE VILLAGE OF.DUBLIN, FRANKLIN COUNTY, OHIO. 1 } ~ BE IT ORDAINED BY THE COUNCIL OF, THE VILLAGE OF DUBLIN, STATE L , ....J OF OHIO: , ~ ; I , SECTION 1: That Columbus and Southern Ohio Electric Company, its I successors and 'as signs, (herein called the "Company") is hereby vested with the right to light with electricity ~he streets, alleys and other public places in the municipality of Dublin, 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. All fixtures shall be mounted on wood poles, unless otherwise stated, and energized by overhead distribution facilities. Size In Rate Per Number Lumens' ~ Lamp Per Year 10 8000 Mercury Vapor, Glass Enclosed $37. 50, 38 8000 Mercury Vapor, Open Bottom $37.50 ' ; i 14 : 25000 Mercury Vapor, Glass Enclosed $67.50 I 25000 Mercury Vapor, Glass Enciosed $62.50 I \ , .)'.c4, 25000 ' Mercury Vapor, Glass Enclosed $35.00 I I .) .\. , ~ * The Company agrees to provide electric energy, operate, and provide "-normal maintenance"- for the Street Lighting System owned by the Municipality as it now exists. "-Normal maintenance" is construed to mean: a. Relamping as ne,cessary. , b. Replaceme~t of broken glassware. I 'c. Washing and cleaning fiXtures. ' ! d., Provide proper protection and control of circuit. ; e. All repairs to fixtires (Le., lumenaire, ballast, etc.).' f. Painting 'of villag'e-owned standards. when necessary (at ~east once every tenyears). Replacement of lumenaires' and steel standards beyond repair and aU replacement or repairs, to underground cables will be made by the Company when authorized to do so by the Municipality. .' Before such repairs o'r replacements are made, the I Company will furnish estimates to the Municipality, setting ! , forth the cost of making such repairs or replacements and : the Municipality. will have the right to accept or reject the. ; \ .) Company's recommendation. ';I'he Company will necessarily ~ ( have to have the right to make emergency repairs it deems .Lt; necessary to operate the system in a safe manner and to ' protect both the Municipality and the Company from any: damages that might occur. I, I . ,.. II 0 . -f' . .1, " II I '. I '. . I ", I'" "'f I' Ii I' ~ ,,,. ~ .. l' I'" . , , " . " ',' II' , ."." , . 1'1' 'I I II I II 'I ' " I " 1 ' , , , ;.; ,,' ~ -2- 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 ~pproximately 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 adjustment to the total average KWH per month for all the lamps bille,d ,.--::. during the period. , I The energy charge applicable to all kilowatt-hours of energy consumed , i ~ shall be increased or decreased . 0055~ per KWH per each full one-half centJ. 5~) J : l,.-J increase' or decrease above or below twenty-three cents (23~)' in the average cost per million (1,000,000) BTU of fuel consumed at the Company's generating statio'ns during the second calendar month preceding the billing date. 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 payments 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 c:Iefault, exists; provided,' ho'wever" that no charge shall be made by the Company for service here':' under during any period in which service is so discontfnued. 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 ,l resolution of the Council. Provided, however" that the new street lights shall be \ J located within 250 feet of a distribution circuit of the . Company. ~ I.. "-' SECTION 5: The minimum number of street lights shall be not less than the sum of the total number specified above, and whenever' additional lights are installed, the minimum number of lights shall be increased accordingly. ~ SECTION 6: It is further agreed that the Company shall move street lights to. new locations, or change the' type of fixtures to another type specified above as requested by the Council by resolution; provided, however, tha.,t the actual cost to: therCompany in making such relocations or changes hi the fixtures, shall be paid'for by the Municipality. .I' SECTION 7: The Company shall make every effort to keep 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 Compa~y by the MuniCipality within ten (10) days of the e~d' of such month, there shall he a pro rata reduction from the bill to cover such outages. No liability \ ' . ., I "J shall attach to the Company for any outage~ ' I U SECTION,8: The Company~hall not be required to install additional street lights or maintain or replace lamps in the event that the Municipality is ". ., . .. I ' "I" , . t II II I '. I , I 1 f, .,. _I. .,. .', 1111. ,.., ~ 'I 't II', . I I.... . " . I." . . ."1,. 1 I ,." I I 11 ' ' I II 1, I ~ " .,J .. II> ", -3- in arrears in payment for services rendered, nor shall the Company be required to install more than six (6) street' lights during the last year which this Ordinance is in effect. SECTION ,9: The Company at its own expen'ae shall exercise reasonable r "\ diligence to insure that the lighting system is in good order and that all street (r! lights are burning and shall make replacements as soon as possible following , . '. 'r' 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 10: The Company shall save the, Municipality harmless from any and all liability occasion~d by the sole negligence' of the Company in the con- struction, .maintenance and operation of its street, lighting system in the Municipality. SECTION 11: Title to all wire, poles, lamps and appurtenances used by the Company in furnishing the service contemplated in. this Ordinance is and shall be in the Company. SECTION 12: 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. " ( J SECTION 13: That the Municipality by legislative action, or the Company .t.J shall have the right to terminate this Ordinance at any time, upon written notice I.........i filed-with the other party hereto at least sixty (60) days prior, to such date. SECTION 14: That all ordinances or resolutions, ,or parts thereof, that are inconsistent or in conflict herewith be and the same are hereby repealed. , SECTION 15: That this Ordinance shall take effect and be in force from and after thirty days from its passage or as soon, thereafter as permitted by law, i either state or federal, and shall remain in effect for a period of five (5) years' i from its passage; subject to prior termination as provided in Section 13; provided' it shall have been accepted by the, Company by written acceptance fil'e"d in the Office of the Clerk of the Municipality. ~' , Passed this, /1 day of 4? K / L. , 1972. ATTEST: \ ( 4>>u~ 4~ \ ' lerk ~ APPROVED. f972 I i I I.. I I M ~. I ' '.' , . I " II I" I . I I I. .. . "I I,. .. I'. ... ~ ,,~ .. ..