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Home My WebLink About10-67 Ordinance . ~. # ~ . .... ORDINANCE NO. 10-67 Effective May 17, 1967 .. .\1\1 ORDINANCE CANCELLING ORNNANCE NO. 04-58 AND PROVIDING FOR FURNISHING, OPER..'\TING, A~"'D HAINTAINING A LIGl-lTING SYSTEH TO LIGHT THE STREETS , ALLEYS, ~ AND PUBLIC PLACES IN THE VI.LLAGE OF DUBLIN. FRANK!..IN COUNTY , OEIO. BE IT ORDAINED BY THE COUNCIL OF TIlE VILLAGE OF DUBLIN, STATE OF OHIO: SECTION 1: That Columbus and Southern Ohio Electric Company, its successors and assigns, (herein called the "Company") is h:rE:by vested with the right to light with electricity the streets, alleys, c (herein and other public places in the municipality of Dublin, Ohio. called the "~1unicipality") and the Company shall have the right to c~arge and receive from the Municipality payment for said services in accordance with the schedule of rates set forth in (A) and (n) belm,. All fixtures shall be mounted on wood poles, unless othenTise stated, and energized by overhead distribution facilities. The rates are based on all night burning every day of the year. or approximately ", 4000 hours per year. V A. STREET LIGHTS INSTALLED PRIOR TO -Aprjl 17 . 1967. Size In Rate Per '. ~".. .. Number Lumens ~ Lamp Per Year" '.. ", ---- -- '" ....... Mercury Vapor -- - ---L.J2_ 8000 Glass Enclosed 537.50 ---- --12- 8000 -2E~n Bott9~_Suburbanaire S37.50 -- ---- I 25000 Glass Enclosed S62.50 -- (', L: -~- - . . : . . . ~ \, D~ -2- - B. STREET LIGHTS INSTALLED SUBSEQUENT TO April 17 1967. . Size In Rate Per ~ Number Lumens Tvpe Lamp Per Year -- Mercury Vap,or 8000 Open Bot tom Subu!,banaj. re . ..- $37.50 Itf 25000 Glass Enclosed $67. ~O c. The Company agrees to provide electric energy, operate, and provide "normal Haintenance" for the Street Lighting System O'tmed by the Municipality as it now exists. "Normal maintenance" is construed to mean~ a.. Relamping as necessary. 0 b. Replacement of broken glassware. c. Washing and cleaning fixtures. d. Provide proper protection and control of circuit. e. All repairs to fixtures (i.e., Lumenaire, ballast, etc.). f. Painting of village-mmed standards when necessary (at least once every ten years). . 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. W ---- - . J' . -'3- " f' Before such repairs or replace~ents are made, the Company will furni.sh estimates to the Hunicipality, setting forth the cost E of making such repairs or replacements and the Hunicipality will have the righ t to accept or reject the Company's recommendation. The Company will necessarily have to have the right to make emergency repairs it dee~s necessary to operate the system in a safe manner and to protect both the Municipality and the Company from any damages that might occur. t{-;JSOIO ..f(rlV The applicable rate per light per year is $35.00. SECTION 2: 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 r~ Nunicipality default in 4 successive payments, the Company may at .., any time discontinue service hereunder without notice so long as any default exists; provided, ho\'lever, that no charge shall be made by the Company for service hereunder during any period in \~lich service is so discontinued. In the event of such default the Company upon written aotice to the Hunicipality may terminate this agreement. . SECTION 3: The Company agrees during the term hereof .to install additional street light of the type and size specified in (A) and (B) above, when authorized to do so by resolution of the Council. Provided, however, that the ne\V street lights shall be located \vithin 250 feet of a distribution circuit of the Company. 0 . . -r4- ... , . SECTION 4: The minimum number of street lights shall be not less than the sum of the total number specified in (A) and (B) E above, and whenever additional lights are installed, the minimum number of lights shall be increasedaccordinglv. : - SEen ON 5: It is. further agreed that the Company shall move street lights to new locations, or change the type of fixtures to another type specified in (A) and (B) 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 6: 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 thsn an aggregate of four (4} hours in anyone month, and upon written 0 notice of such aggregate outage furnished to the Company by the Municipali ty 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 7: The Company shall not be required to install additional street lights or maintain or replace lamps in the event that the Hunicipali ty 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. W - -- . . .... . '. -5- \ . ". SECTION 8: The Company at its o,vn expense shall exercise reasonable diligence to insure that the lighting system is in good E order and that all street lights are bUDling 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 9: The Company shall save the Hunicipality harmless from any and all liabili ty occasioned by the sole negligence of the Company in thz construction, maintenance, and operation of its street lighting system in the Municipality. SECTION 10:, 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. 0 SECTION 11: 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 r upon its successors and assigns. SECTION 12: That all ordinances or resolutions, or parts thereof, that are inconsistent or in conflict herewith be and the same are hereby repealed. SECTION 13: That this Ordinance shall cancel and supersede Ordinance No. 04-58 and shall take effect and be in force from. and I - . ., . ",,' , ..' r , ~. after thirty days from its passage. and shall remain in effect for a period of five (5) years thereafter; provided it shall have been ~ accepted by the Company by written acceptance filed in the Office of the Clerk of the Hunicipali ty. Passed this -1!L711. day of -L9f'.e I~L , 1967. ATTEST: .~C..~ _L ,-A Clerk APPROVED ~ I ,2---. 1967. 0 0 c:r=/JU. ~ Mayo r . 0 7.6 . ( '- , (" I . I, Eric A. Priday , Clerk of the Village of Dublin Franklin County, State of , Ohio, hereby certify that the attached is a true and correct copy of the minute s of the regular' meeting of the Council of said Village held on the 17th da y of Apr 11 , 19 67 , ins ofar as they relate to Ordinance No. 10-67 . ('\ Certified this /CfnJ day of JUWE' , 19 67 . t t ~ L ~l~ C I : , gt'1- 8'81( I ,. I r 1 e^)~ EXTRACT FROM MINUTES OF COUNCIL . At a "1?t=r_1 U.. A~ meeting of the Council held at 8',00 P.M. on A PI:!. II.. 17 ' 19k:J...., with the following members present: r 1. 1) , )'.. ~^-.\ 4. S H cLD61\J lr 9 fYl I '-n-l 2. KAR.I?E:i2 5. 3. Me Ca'f 6. U fC..cY It was moved by Mr. y,)I.. ~ t-..J and seconded by Mr. K.. A RJ? <=.-e. . that the Ordinance No. 10-67 , entitled: AN ORDINANCE CANCELLING ORDINANCE NO. 04-58 AND PROVDJING FOR ~lJRNISHING, OPERATING, AND HAINTAINING A LIGHTING SYSTEM TO LIGHT THE STREETS, ALLEYS, AND PUBLIC PLACES IN THE VILLAGE OF D~BLIN, FRANKLIN COUNTY, OHIO. be placed upon its first reading. Thereupon a vote was taken on the motion with the results as follows: YEAS: fV1 f' LD ~f SM ,'n.J Olko""';' I ~ -4 IC. t!. rc.1!. ('\ q t+t:.... (;) OiU U"f<~ ; NAYS: I , Motion carried. 'I' The ordinance was thereupon given its first reading. It was moved by Mr. Me Ct.Y'" and seconded by Mr. '-.5.01 /,7f.j' that the rules governing the reading of ordinances at three separate meetings on sep.arate 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: ]),j.()U S '"h=",DO.v (Yl(... La y j~1 11+ I K A R. e<="'R.. J.... (<. t:'-( ; NAYS: Motion carried. It was moved by Mr. and seconded by Mr. that said Ordinance No. 10-67 be passed and adopted. Thereupon a vote was taken on the motion with the results as follows: YEAS: .1),i-~~ rv1 c (!/:) ,( 3m ITH UI...R0 ! K f\(l'RSl S 1-fr=~D(yU ; NAYS: ("- Motion carried. t \....r The Mayor declared the Ordinance duly adopted. - --- --.J -- --j , . /, - ' / I, l= i<;C. ? -;:?e I ~A'( , Clerk of the ./ , l i,," ^ Village of Dublin , Franklin cotu, State I , , ... II" of Ohio, do hereby certify that there is no newspaper printed in aiY Municipality, and that publication of Ordinance No. 10-67 AN OkDiNAtlCE CANCELLING ORDINANCE NO. 04-58 AND PROVIDI~G FOR FURNISHING, OPERATING, AND , MAINTAINING A LIGHTING SYSTEM TO LIGHT THE STREETS, ALLEYS, AND PUBLIC PLACES IN THE VD.LAGE OF DUBLIN, FRANKLIN 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: Du t3 L. " /oJ -~oo D rfl A ,-e /( \..-=-1 ("\ Z\,) l3 h : 0 8 A ft "S I.:.?R. S tfc. P I.' -, . ~ ...J...;...) 8 h } iJ .6 t1 v K :J) L/ rs I., : ~j ~?f-f-rq <2 (VI ~) C 1 \~R r.; 'J.. k '::, J) e ,{ Ch >.;--A vf::;-f2~ - each for a period of fifteen days commencing on the J 8 Tl.f day of ~1 pR'i \, ' , 19.J;;J... , Certified correct this 10 (1/ day of S 0AJ&- , 19 67- L -R. ~w Clerk of Council of the Villat{e of. ]Jug J.. 1.0 Ohio. ) I~ ~ ~ - t . , . , I I ACCEPTANCE '" I - ,."I The undersigned, Columbus and Southern Ohio Electric Company, hereby assents to and in writing accepts the foregoing Ordinance No. 10-67 passed by the Council of the Vi11 RgP of nl1hlin , Ohio, on the -11.th , I day of 1967 April . . I I IN WITNESS WHEREOF, said Columbus and Southern Ohio Electric Com- I I pany has caused its corporate name to be signed hereto by its ASS.T.... Vice I President and its corporate seal to be hereto affixed, attested by its Secretary, this I I ,Jv t...J~, I da y of 1961--. I . I COLUMBUS AND SO ~ffiO ELECTRIC COMPANY ~ By , !dlt~ ASS,.. Vice President , .... .A TTEST: An executed acceptance in the foregoing form was filed in my office this I q rrI- day of J-.)\.l~ , 19 ~. , ,-.., ~0~,^',.J , Ohio , I r