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36-75 Ordinance ( , - . ""...'\. RECORD OF ORDINANCES . . I I I National Graphics Corp" Cols" 0, ~ Form No,12806-A , Ordinance No. _________3_6uu_2'5 I Passe(L__m'm__JU lu2-u1---197-5m-------u19~---- u I AN ORDINANCE TO PROVIDE FOR FURNISHING, OPERATING AND MAINTAINING A LIGHTING SYSTEM TO LIGHT THE STREETS, AND PUBLIC PLACES IN NUIRFIELD VILLAGE IN THE VILLAGE OF DUBLIN, FRANKLIN AND DELAWARE COUNTIES, OHIO. 0 BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, STATE OF OHIO: SECTION 1: That Columbus and Southern Ohio Electric Company, its I successors and assigns, (herein called the "Company") is hereby vested with I the right to light with electricity the streets, and other public plades in I Muirfield Village in the municipality of Dublin, Ohio, (herein called I the "Municipali ty") and the Company shall have the right to charge and redei ve , from the Municipality payment for said services in accordance with thl I I I I I schedule of rates set forth below, I The initial street lighting system shall consist of the following: I I 47 - 250 watt metal halide - installed on 16' metal standards Muirfield Driv~ @ $13.60 per lamp per month. I I 35 - 250 watt metal halide - installed on 12'6" metal standards at Inter- section @ $12.50 per lamp per month. I 0 I 39 - 175 watt metal halide - installed on 10' metal standards in Court Sec- tions @ ~10'.0~ per lamp per month. I ~~ I Provided, however, that the Company shall, prior to installing any part of the above street lighting system, obtain approval from the coLnCil I of the Village of Dublin as to size, type and location of the install~tion. Additional Lights, of the type specified above, shall be installed at the applicable charges shown for the duration of Ordinance No. 36-75. SECTION 2: The amount of energy used by each lamp is calculat~d on I 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 tolthe charges set forth in Section 1 above, the Company will, each month, apply I the following fuel adjustment to the total average KWH per month for all the I lamps billed during the period. I n The energy charge applicable to all kilowatt-hours of energy cbnsumed I I I U I shall be increased or decreased .0011~ per KWH per each full one-tenth cent I I (.l~) increase or decrease above or below forty-one cents (4l~) in the , I average cost per million (1,000,000) BTU of fuel consumed at the comp~Y's I I I generating stations during the most recent month preceding the billing date I I for which fuel costs have been determined. I I I I I I I , '. . . RECORD OF ORDINANCES , . I I National Graphics Corp" COls" O. ~ , Form No.: 2806-A I Ordinance NO.___u___________mum P assedm____,mn n____ ,uu__mnun__m n____' n_19 _m_ -- I , SECTION 3: Payment for the service furnished hereunder shall be I made monthly, in accordance with bills rendered therefor by the Company , 0 at the end of each period, each payment to be due within 15 days of the I submission of the bill therefor, overdue payments to bear interest atlthe I rate of 6% per annum until paid. Should the Municipality default in four I (4) successive payments, the Company may at any time discontinue service I hereunder withou~ notice so long as any default exists; provided, ho~ever, , I that no charge shall be made by the Company for service hereunder during I any period in which service is so discontinued. In the event of such I defaul t the Company upon written notice to the Municipality may terminate I , this agreement. I SECTION 4: The Comp?nY agrees during the term hereof to install additional street lights of the type and size specified above when I I authorized to do so by the Village Administrator, with the consent of, I n Council. I L.. SECTION 5: The Company shall make every effort to keep the street I lighting system contracted for in operation during the time provided.' If, I for any reason, the Company fails to do so for more than an aggregatel of I four (4) hours in anyone month, and upon written notice of such aggregate I outage furnished to the Company by the Municipality within ten (10) days of I the end of such month, there shall be a pro rata reduction from the tjillto I cover such outages. No liability shall attach to the Company for any ; I outage. The Company at its own expense shall exercise reaJonable SECTION 6: , diligence to insure that the lighting system is in good order and thJt all I street lights are burning and shall make replacements as soon as possible , following notification by the customer of the need for such service, 'but C the Company shall not be required to perform any such replacement or1rnain- tenance except during regular working hours. SECTION 7: The Company shall save the Municipality harmless from I I any and all liability occasioned by the sole negligence of the Company in I , the construction, maintenance and operation of its street lighting system in the Municipality. I , , , , I I . . , RECORD OF ORDINANCES I . . . National Graphics Corp" COls,. 0, ~ Form No,1 2806-A Ol'd inance No. ___u__'___u___m_uu I P asse(Luu_______ ,__m________u_________u_'____ ____19 -----, -- I SECTION 8: Title to all wire, poles, lamps and appurtenances ~sed by the Company in furnishing the service contemplated in this ordinan1e I 0 I is and shall be in the Company. I SECTION 9: All the rights and privileges granted to, and the obliga- I tion imposed upon the said Company, as recited in this Contract, shall re- spectively 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 heJebY I repealed. I I SECTION 11: That this Ordinance shall take effect and be in force from and after thirty days from its passage of the earliest period a~lowed by law; and shall remain in effect for a period of five (5) years frdm its passage provided that it shall have been accepted by the Company by \lritten C acceptance filed in the Office of the Clerk of the Municipality. I Passed this ~,~, day of J~~ .- I , 191\. I ~ I J ~j~ I J hen-by certify th:H the roJcgoinS C erk Treasurer is a true and eX2(t copy ("'If . .o.;.;v? ., . ~p. 'h~-:-~ , Viluge of Dubli?, Otuo ~ ~~,' ~........ J'.... e t_. .. . . .'... .1.. ~ ...~,:.J ~ "'~ elkl ,gCLet , o.:,..~:: ," "'... ,