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Home My WebLink About48-77 Ordinance ~ ~ . - JUL 1 8 '977 ~ ORDINANCE NO. 4a'77 AN ORDINANCE TO PROVIDE FOR FURNISHING, OPERATING AND MAINTAINING A LIGHTING SYSTEM TO LIGHT THE STREETS" ALLEYS AND PUBLIC PLACES . IN THE Village OF Dublin , Franklin & Delaware ( COUNTY, 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 Dublin , Ohio, (herein called the "Municipality") and the Company shall have the right to charge and receive from the Municipality pay- ment for said services in accordance with the schedule of rates set forth below. All fixtures shall be moullted on wood poles, unless otherwise stated, and energized by overhead distribution facilities. . Size In Rate Per Number Lumens ~ Lamp Per Month 5') 8000 OBS-MV $2.70 8000 OBS-MV New Pole $3,70 D 16 25,000 Glass Enclosed - MV $5,20 25,000 Glass Enclosed - MV New Pole $6.20 4 * 25,000 Glass Enclosed - MV Village Owned $2,92 .. _..-- ~ ------- -- -- --------.-.---.- * See Page 3. 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 Rule 26 of the Commission's Code of Rules and C Re gula tions . As of January 5, 1977, the allowable fuel cost is $,010863 per KWH, and the target thermal efficiency required by Rule 26 is 91.82 KWH/MMBTU, The pertinent part of Rule 26 of the Commission's Code of Rules and Regulations is available upon request, SECTION 3: Payment for the service furnished hereunder shall be made montply, 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 default i ~ . ... -2- exists; provided, howe-vcr, that no charge shall be made by the Company for service hereunder during any period in which se rvice is so discontinued, In the event of such default the Company upon written notice to the Municipality may terminate this agreement. C SECTION 4, The Company agrees during the 'eqn hereof to install . : additional street lights of the type and size specified above, when authorized to do so by resolution of the Council. Provided. however, that the new street lights shall be located withm 250 feet of a distribution circuit of the Company. SECTION 5: The minimum number of street lights shall be not less than the sum of the t~tal 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 typ~ specified above as requested by the Council by resolution; provided, however, that the actual cost to the Company in making such relocations or changes in the fixtures, shall be paid for by the Municipality. 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 l 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 8: The Company shall not be requi red to install additional street lights or maintain or replace lamps in the event that the Municipality, is 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 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 replacements as soon as possible following notification by the custome r 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, SEC T ION 10: The Company shall save the Municipality harmless Cfrom any and all liability occasioned by the sole negligence of the Company in the '.. ,cons,truction, maintenance ,and operation of its street lighting system in the Muni- iClpC'\11ty , 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, . . . . , . ,. -3- 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. SECTION 13: That all ordinances or resolutions, or parts thereof, that are inconsistent or in conflict rerewith be and the same are hereby repealed. C SECTION 14: 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 remain in effect for a period of five (5) years from its passage; subject to prior termination as hereinafter provided in Section IS; and provided further that it shall have been accepted by the Company by written acceptance filed in the Office of the Clerk of the Municipality. . . .. . . SECTION 15: That the Municipality by legislative action. or the Company shall have the right to terminate as of the effective date of this Ordinance. of any year, commencing in 1979 and ending in 19~ . this Ordinance and the rate schedule containerd in Section 1 of this Ordinance upon written notice filed with other party hereto at least thirty (30) days prior to such termination date. Passed this I R '1PI day of J~ . 1977 . ATTEST: 7v.O... -~ ~~ Clerk [ APPROVED JUL 1 8 1977 . 191.1.- ~~ Ma yo r * 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 necessary. b. Replacement of broken glassware. c. Washing and cleaning fixtures. d. Provide proper protection and control of circuit. Replacement of lumenaires and steel standards beyond repair and all replacement or repairs to underground cables will be made by the Company when authorized to do so by the Municipality. Before such repairs or replacements are made, the Company will C 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. The Company will necessarily have to have the right to make emergency repairs it deems 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