052-79 Ordinance
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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.
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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.
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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.
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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.
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Presl ent Pr6 Tempore
Ma~.(~fficer
ATTEST:
rr~er ~
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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.
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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
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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-..
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ClerkJ>f Council of the Village of
.J1It~J , Ohio
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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 .
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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 .
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Clerk
Dublin , Obi. 0
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