49-77 Ordinance
, JUL 1 8 1977
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AN ORDINANCE CANCELLING AND SUPERSEDING
ORDINANCE NUMBER 36-75 AND PROVIDING FOR
FURNISHING, OPERATING AND' MAINTAINING A
LIGHTING SYSTEM TO LIGHT THE STREETS, AND
PUBLIC PLACES IN MUIRFIELD VILLAGE IN THE
VILLAGE OF DUBLIN, FRANKLIN AND DELAWARE
COUNTIES, OHIO.
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C 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, and other public places in Muirfield
Village 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.
The initial street lighting system shall consist of the following:
47 - 250 watt mercury vapor - installed on 16' metal standards
Muirfield Drive @ $ 9.25 per lamp per month.
[ 35 - 250 watt mercury vapor - installed on l2'6" metal standards
at Intersection @ $9.25 per lamp per month.
39 - 175 watt mercury vapor - installed on 10' metal standard in
Court Section @ $9.25 per lamp per month.
Provided, however, that the Company shall, prior to installing any
part of the above street lighting system, obtain approval from the Council of
the Village of Dublin as to size, type and location of the installation. Additional
lights, of the type specified above, shall be installed at the applicable charges
shown for the duration of Ordinance No. 49 77
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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
C 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 Regulations.
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.
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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 submis sion
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
C 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
dis continued. 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 the Village Administrator, with the consent of Council.
SECTION 5: The Company shall make every effort to keep the street
lighting system contracted for in operation during the time provided. If, for
V 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
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i of such month, there shall be a pro rata reduction from the bill to cover such
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outages. No liability shall attach to the Company for any outage.
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SECTION 6: The Co~pany 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
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! notification by the customer of the need for such service, but the Company shall
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I not be required to perform any such replacement or maintenance except during
i regular working hours.
1 SECTION 7: The Company shall save the Municipality harmless from
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any and all liability occasioned by the sole negligence of the Company in the
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i construction, maintenance and operation of its street lighting system in the
I Municipality.
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SECTION 8: Title to all wire, poles, lamps and appurtenances used
by the Company in furnishing the service comtemplated in this Ordinance is
and shall be in the Company.
SECTION 9: All the rights and privileges granted to, and the obligation
C imposed upon the said Company, as recited in this Contract, shall respectively
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inure to the benefit of and be binding upon its successors and assigns.
SECTION 1 0: That all ordinances or resolutions, or parts thereof,
that are inconsistent or in conflict herewith be and the same are hereby repealed.
SECTION 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 remain in effect for a period of five (5) years from its passage
provided that it shall have been accepted by the Company by written acceptance
filed inthe Office of the Clerk of the Municipality.
Passed this IQ bi- da y of J..A...., , 1971 .
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President Pro Tempore
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Mayor - Presid ng Offi;er
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ATTEST:
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Clerk Treasurer
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