Granville Community Calendar

Ordinance 14-1990

1
1
BY:
GRANVILLE, OHIO
Ordinance No. 14-90
ORDINANCE GRANTING TO NATIONAL GAS OIL CORPORATION THE
PRIVILEGE TO MAINTAIN ITS PRESENT PROPERTY AND TO LAY PIPES AND
INSTALL AND CONSTRUCT OTHER NECESSARY EQUIPMENT IN AND UNDER THE
STREETS, AVENUES, ALLEYS AND PUBLIC WAYS IN THE VILLAGE OF
GRANVILLE, OHIO, FOR THE PURPOSE OF CONVEYING, SELLING AND
SUPPLYING NATURAL GAS TO CONSUMERS THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE, STATE
OF OHIO:
Section 1
That National Gas & Oil Corporation (Company),a corporation
organized and existing under the laws of the State of Ohio, and its
successors or assigns, are hereby granted the privilege and
invested with the right to use the streets, avenues, alleys and
public ways of the Village of Granville, Ohio, (Village) for the
purpose of laying and maintaining pipes and installing and
constructing all necessary equipment in and under said streets,
avenues, alleys and public ways to be used in the transmission and
distribution of natural gas for public and private use in the
buildings and manufacturing establishments, and otherwise, in the
Village, together with the right to dig and excavate in all of said
streets, avenues, alleys and public ways, for the purpose of laying
such pipes and constructing such other equipment as and or may be
required to convey and distribute said gas to consumers thereof,
for the period of time from the date that the Company shall, in
writing, accept the terms and conditions of this Ordinance, which
shall constitute the franchise agreement between the parties.
Section 2
That the effective date of this ordinance shall be the date upon which this ordinance is accepted by the Company and shall continue
for a primary term of ten (10) years and from year to year thereafter unless superseded by a comparable ordinance.
Section 3
That all excavations made in the streets, avenues, alleys and
public ways in the Village by the Company, its successors and
assigns, for the introduction of such pipes and mains or for the
repair, examination or removal thereof as aforesaid, shall be made
in good and workmanlike manner with the least practical
inconvenience to the public or individuals, and with all possible
and reasonable dispatch, and all damage done to the streets,
avenues, alleys and public ways by reason of such excavations shall
tbheerierplaced by the Company, its successors or assigns, at its or proper cost without unnecessary delay and all such
excavations and work shall be carefully guarded at all times and
shall be puddled and rammed in such a manner that the streets,
avenues, alleys and public ways wherein such excavations occur shall be placed in as good condition as formerly, all such work to be subject to the approval of the Director of Public Service and the Village Engineer. The Company, its successors and assigns,
shall be responsible for any and all injuries and damages to persons or property occasioned or arising out of, directly or indirectly, work done by it as permitted herein, or by its want of due care or its negligence in the opening, keeping open, closing and repairing, or in any manner obstructing said streets, avenues, alleys or public ways, for the Durposes aforesaid, and the Company shall comply with the provisions of all laws, Ordinances and regulations passed or to be passed regulating the use or occupancy of the streets, avenues, alleys and public ways of the Village. Provided, further, that any use of any of the bridges of the Village by the Company, its successors or assigns, shall be subject
P
AN
1
1
to the written approval of the Village and its duly authorized
officers.
Section 4
The grants herein contained are expressly conditioned upon the
agreement by the Company that the service to be rendered by the
Company, and its successors or assigns, pursuant to this Ordinance,
shall be primarily for domestic and commercial purposes, and that
service shall not be extended to other customers of different
classes until after all reasonable requirements for domestic and
commercial purposes are fully met, and this provision shall be
binding upon the Company, its successors and assigns, while this
Ordinance and agreement is in effect, but during any month or year,
subject to the foregoing limitations and after compliance with the
foregoing provisions, gas may be delivered to other and additional
classes of consumers at such times and under such conditions and
for such price as may be agreed upon between the Company and such
consumer, or consumers. Provided, further, that nothing in this
Ordinance contained shall be construed to prevent the Company, its
successors and assigns, from contracting by private contract to
supply gas for industrial or commercial purposes at lesser rates
than the rates in effect so long as the reasonable requirements for
domestic purposes and commercial purposes have aforesaid. been fully met as
Section 5
The Company, its successors and assigns, shall, while this
agreement is in effect, make extensions to its lines for the
accommodations of the inhabitants and gas consumers of the Village
where there is one application for service for each one hundred 100) feet of line extensions, and such extensions and connections
shall be made within thirty (30) days from receipt of a written notice by the Director of Public Service of the Village to do so. In the event a consumer or consumers make application for
connections the aggregate of which shall be a distance in excess of one hundred (100) feet from the existing lines of the Company, the Company shall be under obligation to extend the line as many units of one hundred (100) feet as there are bona fide applicants therefore to serve said consumers so applying, provided that in the event additional line or lines are required, the parties may agree to the construction thereof and in the event line is required in addition to the amount of line for the amount of consumers herein specified, the Company shall be under obligation to extend its mains upon the payment to the Company of an amount of money sufficient to cover the cost of said extension after the deduction
of the one hundred (100) feet of construction of the Company as stated herein.
Whenever a property owner along the line of said gas main shall make application for the use of said gas in accordance with the provisions of this section, the Company, its successors and assigns, shall be required to lay, at its own cost and expense, service pipes from its mains to the curb lines of the street, within ten (10) days after the applicant is ready in good faith to
uosfeagdavesr,sesuwbjeeactht etro cfounrtdhiteiornrse.asonable extension of time by reason
Provided, however, that the Company, its successors and assigns, shall not be required to extend or build any lines, or to furnish service in any territory, where adequate gas service already is being rendered or is available from other sources unless directed
so to do by the Public Utilities Commission of Ohio, and in this respect the Company, its successors and assigns, agrees not to contest the jurisdiction of the said Public Utilities Commission.
Section 6
That all pipes and mains in, along and under the streets, avenues,
2
1
1
alleys and public ways, constructed by the Company, its successors
and assigns, shall not in any way interfere with the use by the
Village or its inhabitants of such streets, avenues, alleys and
public ways or with the drainage of the Village or the maintenance
or construction of sewers or underground fixtures of the Village
of any kind or description.
Section 7
That, subject to the expiration of this agreement, or during the
time this agreement shall be in effect should there be a proceeding
to fix a rate for gas by either the Village or the Company then
serving, resulting in controversial talks or litigation or hearing
before any commission, commissions or courts, or legally
constituted authority, or authorities, by virtue whereof there
would be cause to be accumulated, or held, money collected under
the prior existing rate or any temporary rate or rates established
during the pendency of such proceeding, the distribution of which
would be subject to the final determination of a proceeding to
determine what should, for the time in question, be a reasonable
rate, and, as a result, it is found and decreed that a part thereof
should be
or having the obligation to make such refund,
refunded and repaid,
interests therein might appear,
fund,
fails to locate any one or
portion of such, refund within
refund is so ordered, then, '
refunded, because of
thereto, shall be,
may be reasonably done,
to the gas consumers, as their
and the party in charge of said
if such party
more of the parties entitled to a
a period of five (5) years after the
in that event, all such money not
inability to locate the parties entitled
as soon after said five (5) year period as it
turned and paid over to the Treasurer of
the Village; for the Village, and the receipt of the Village showing that said property or trustee paid to the Village the funds
coming into its or his hands that he or it was not able to
disburse, shall save and hold free the Company from liability of
any kind whatsoever on account of the payment of any sums by said party or trustee to the Village.
Section 8
That as a further consideration for the grant entitled Ordinance in this the Company is hereby required, and, on acceptance of this Ordinance, agrees, during the continuance of the grant contained in this Ordinance and during any controversy, proceeding
or litigation to fix rates after the expiration of this Ordinance
or during the time this Ordinance shall be in effect, to supply meters for measuring gas to the inhabitants of the Village who shall at any time be domestic 09 commercial users of the gas furnished by it, free of charge, and to keep the same in repair at the Company' s own charge and expense.
Section 9
That, as a further consideration for the grant contained in this Ordinance, the Company, its successors and assigns, is required to, and, upon acceptance of this Ordinance, agrees that during any controversy, proceeding or litigation to fix rates before any commission, commissions, legally constituted authorities or courts, to furnish natural gas to its customers and gas consumers in the Village, as specified in this Ordinance and at the same rates and ionf a quality and pressure consistent with general usage and custom the Village.
Section 10
That, as a further consideration for the grant contained in this ordinance, the Company, its successors and assigns, agrees that during the period of this grant and any extension hereof and during taony pfeixriodrathteesreabfteeforreor any controversy, proceeding or litigation any commission, commissions, legally constituted authorities or courts, to furnish natural gas to
3
1
1
1
consumers thereof as specified in this Ordinance, at the same rates
and of a quality and pressure consistent with general usage and
custom. In this respect the Company agrees that nothing herein
shall be construed to abridge the jurisdiction of the Public
Utilities Commission of Ohio concerning any question involving or
pertaining to the question of quality and pressure of gas
furnished, subject to such appeal to any court or courts as may be
allowed by the law or courts of the State of Ohio or any court of
the United States of America.
Section 11
That the Company shall pay all costs and expenses in connection
with the publication of this Ordinance.
Section 12
That, unless the Company accepts and agrees to the terms contained
in this Ordinance on or before the expiration of seven (7) days
after the effective date of this Ordinance, whereby this Ordinance
becomes a valid and binding agreement between the parties, the
Company and the Village, then this Ordinance, which is an offer by
the Village to the Company to contract, shall cease to be effective
and such offer shall terminate, at the expiration of said seven (7) day period.
Section 13
That the Village Manager be, and he is, hereby authorized, acceptance of this Ordinance upon as an agreement, to execute the same
on behalf of the Village.
Section 14
This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this 6 /da*y of
e* erk of Council
Approy63 *to fodm:
4441 &4*
Law Dikector
1990 h)
1 VE- i 1
41 t1/ 1/{*«\
Mayor
4
CERTIFICATE OF SERVICE
1
1
I hereby certify that the foregoing is a true and correct copy of
Ordinance No. 14-to passed by the Council of the Village of
Granville, Ohio, on 1990.
0 -
ACCEPTANCE
i b . 21
LEikl,dkti<0, I T- ',
Clerk of Council
Accepted this B /r-day of 5/&ks<r, 1990.
Company
BY: gAW tiolkwiu
Its: 1//
0.6-Pkese,>sr- AR- h>5607£79e€y/
G-FRANCH.PJM:scl
Ordinance Disk)
5

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

Go to My Pay Stub and login.