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58-75 Ordinance ~. ---- = . - -----------. .J' . " .~ ORDINANCE NO. 5"~..? S ~ AN ORDINANCE GRANTING TO OHIO EDISON COMPANY .~ ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO CONSTRUCT, OPERATE AND MAINTAIN A COMPLETE ELECTRIC SYSTEM Fon SUPPLYIN~ --' ELECTRICITY i"OR LIGHT, HEAT AND POWER PURPOSES TO 'fHE VILLAGE OF DUBLIN AND ITS I INHABI'fAN'l'S. , , BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio. Co of the elected members concurring that: SECTION 1. Ohio Edison Company, a corporation organized and existing under and by vitue of the laws of the State of Ohio, its successors and assigns (hereinafter collectively referred to as "Ohio Edison Company"), hereby is granted, for a period of twenty-five (25) years from and after the effective date of this . Ordinance, the right and privilege to lease, erect, construct, operate and maintain a complete electric system, including without f limitation the right to erect and maintain poles, wires, conduits, .-- ducts, cable, pipe, and all necessary fixtures and appurtenances ~ in, along, over, under, across and upon the streets, alleys, - public ways and public grounds of the Village of Dublin, as now may exist, and for the construction, operation and maintenance of any extensions to such electrical system which hereafter may .... be required, for the transforming, transmitting, distributing, utilizing and selling of electrical energy for light, heat and , power, and for other purposes, to the Village of Dublin and its inhabitants, including all persons, firms, associations and corporations desiring to purchase the same. J SECTION 2. The rights and privileges herein granted are subject to the following terms, conditions and restrictions: I. (a) The present locations of all poles, supports and , conduits, overhead and underground, are hereby approved. Future I electric installations, owned, operated and maintained by Ohio . Edison Company shall be subject to valid reasonable regulation as permitted by law. ~.. ........--. - -....... -~ ...- ....c--' r < . . . . - ~ . (b) All poles. wires and structures hereafter used in the construction and maintenance of the electric system shall be of good commercial quality, securely installed and so placed as not to interfere unreasonably with residences and places of business. n (c) Whenever it shall become necessary for Ohio Edison ~ Company to make excavations in connection with the construction, operation and maintenance of its electric system in, along, over, under, across and upon the streets, alleys, or public grounds in the Village of Dublin, such work shall be performed in a manner so as to impede travel on said streets as little as possible, and Ohio Edison Company shall leave all highways, streets, alleys and , public grounds, including sidewalks, upon which it may enter for the purposes herein authorized, in as good condition as they were at the time said excavation and work was started. SECTION 3. Ohio Edison Company agrees to protect and indemnify the Village of Dublin against any and all claims for n damages that may be sustained by reason of defective construction 1; or maintenance of its electrical installations, or by reason of its negligence or the negligence of its agents, contractors, or subcontractors, or the negligence of its agents as aforesaid in operating and maintaining the electrical system which is now located in the Village of Dublin and such additions thereto as may hereafter be acquired, constructed, maintained and operated under the terms of this franchise. SECTION 4. All electrical installations and the use of electricity by the Village of Dublin, its inhabitants, and others using the Company's service, shall conform to the Company's standard Rules and Regulations as filed with The Public Utilities Commission of Ohio. r] SECTION 5. The rights and privileges granted herein shall not be or be considered exclusive and nothing in this Ordinance shall in any way affect, restrict or abridge the rights of the Village of Dublin at any time to grant similar rights and privileges to any other person. - - '. . '. . . . . . . . ,~ . . SECTION 6. All ordinances or parts of ordinances here- tofore enacted by the Council of the Village of Dublin conflicting herewith are hereby repealed. SECTION 7. Ohio Edison Company shall, within thirty (30) G days after the date of passage of this Ordinance, file with the Clerk of Council its written acceptance of the terms and conditions hereof. SECTION 8. This Ordinance shall take effect and be in force from and after the earliest period allowed by law and upon its acceptance by Ohio Edison Company as provided in Section 7 hereof. ~ President Pro Passed this ~M day of -1'Jo\J~/)\~ , 1975 0 J ~~dl-jg~nTofficer ATTEST: rl -.) -