ORDINANCE NO. 38-96
AN ORDINANCE TERMINATING THE EXISTING STREET LIGHT[ NG
AGREEMENT AND AUTHORIZING THE VILLAGE MANAGER TO ENTER
INTO A NEW AGREEMENT FOR STREET LIGHT[NG FOR THE VILLAGE OF
WHEREAS,American Electric Power has indicated that it believes it to be in the best interest
ofthe Village of Granville to terminate the Street Lighting Agreement enacted November 18, 1987 by
authority of Ordinance No. 30-87,and;
WHEREAS,the Village of Granville hereby agrees that American Electric Power's Street
Lighting tariff,Tariff S.L.,would provide a more sound economic basis for the lighting of the Village's streets.
NOW THEREFORE,BE IT ORDAINED by the Village of Granville,Ohio that:
Section I: The Village of Granville hereby agrees to the termination of Ordinance No. 30-87.
Section II: The Village of Granville agrees to accept Tariff S.L.
Section III: The Village Manager is hereby authorized and directed to enter into a new agreement
for street lighting service with American Electric Power,a copy of which is attached
hereto and made a part hereof and marked Exhibit A" ".
Section IV: This ordinance shall take effect and be in full force upon the earliest date allowed by
« m-04( : Clerk of Cbuncil
Approved as togrm:
Mids C anup7€1
day of OUU>uu 1996.
h THIS AGREEMENT,entered into this 058 day ofMarch,1997,by and between
OHIO POWER COMPANY,hereafter called the Company,and the Village of Granville,Ohio,
hereafter called the Customer,
For and in consideration ofthe mutual covenants and agreements hereinafter contained,the
parties hereto agree with each other as follows:
1. The company agrees to furnish and the Customer agrees to accept and pay for street
lighting service,during the term ofthis agreement,consisting ofthe number,size,and type of
lamps as listed on AttachmentA " ,in"corporated by reference as if fully rewritten herein.
2. The Customer agrees to accept the service herein specified during the term ofthis
agreement and to pay therefore at the applicable rates currently in effect or any subsequent revision
thereto as specified in Schedule S.L.,which has been approved the Public Utilities Commission of
3. Upon receipt of a written notice from a duly authorized representative ofthe Customer,the
Company agrees to install additional fixtures. Such fixtures shall be provided either by the Company or the Customer and paid for by the Customer in accordance with rates specified in Schedule S.L. in effect at the time the additional fixtures are added.
Customer provided fixtures shall meet Company specifications where the fixtures
attachment is a size to fit Company provided arms and the bulb is stocked by the Company for normal and standard street light installations.
Customer provided fixtures will be installed by the Company where the Customer pays for the maker-eady cost ofthe Company to install the fixture. An estimated cost will be presented to the Customer for approval prior to anymakere-ady work being performed. Upon completion ofthe work,billing will be adjusted to reflect actual costs.
The Customer shall provide spare fixtures for new and replacements as necessary during the term ofthis agreement for fixtures provided by the Customer.
The parties recognize that a period oftime will necessarily elapse before all the new fixtures can be obti:n,ed and installed. The Company will install the additional fixtures as rapidly as labor conditions and material deliveries will permit.
4. All material furnished by the Company shall remain the property ofthe Company and may be removed at the termination ofthis agreement ifthe Company so desires.
5. All material furnished by the Customer shall become the property ofthe Company during the term ofthis agreement. At the termination ofthis agreement any Customer provided material will be returned to and become the property ofthe Customer ifthe Customer so desires. 6. Upon receipt of a written notice from a duly authorized representative ofthe Customer,the Company agrees to repair fixtures provided by the Customer. Such repair parts shall be provided by the Customer and paid for by the Customer.
The parties recognize that a period oftime will necessarily elapse before repair parts can be obtained and repairs made. The Company will repair the Customer provided fixtures as rapidly as labor conditions and material deliveries will permit.
7. This agreement shall be and remain in full force and effect for an initial term ofone year from and after the 1St day ofApril,1997,and thereafter in successive terms ofone year each,until either party shall give at least 60 days'notice in writing to the other ofits intention to discontinue the service at the end ofany term.
8. If the Customer shall default in the payment of any bills as hereinbefore provided,the
Company may at its option,after having given 10 days'written notice of its mtention to do so,
discontinue the service herein contracted for and continue to withhold the supply of electric energy
for street lighting until such time as the Customer has made payment for all bills in which it is in
arrears. Any such suspension of service by the Company shall not terminate this agreement unless
Company so elects.
9. The Customer as further consideration for the promises and agreements made by the
Company herein set forth hereby grants to the said company the privilege ofthe use ofthe streets,
alleys,and public places of said Customer for the purpose of placing poles and equipment for
carrying out this agreement.
10. The Customer agrees that during the life ofthis agreement it will provide it its annual
budgets and estimates and levy oftaxes sufficient funds to pay the company any amounts due it.
11. All and singular the terms and conditions ofthis agreement shall be binding upon and inure
to the benefit ofthe parties hereto,their respective successors and/ or assigns.
12. This agreement cancels and supersedes all previous agreements relating to the supply of
the service described herein.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed
in duplicate by their duly authorized officers the day and year first above written.
OHIO POWER COMPANY
L GE OF GRANVILLE
Form of Certificate of Fiscal Officer
March 05, 1997
Pursuant to Section 5705.41 ofthe Revised General Code amount ofmoney ofOhio,I hereby certify that the required to meet the expenditure involved in the above street lighting agreement, to which this certificate is attached,during the fiscal year in which said agreement is made has been lawfully appropriated for such purpose and is in the treasury o(r in the process ofcollection), etoncthuemcbrreadnicteosf.an appropriate fund for said street lighting agreement,free from any previous
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ORDINANCE NO. 38-96