Title
TO GRANT FRANCHISE TO AEP, COLUMBUS SOUTHERN POWER, TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF GAHANNA
Version
Substitute Legislation/pc
Body
WHEREAS, Columbus Southern Power has requested that the City of Gahanna pass another franchise agreement before the current one expires on November 19, 1999, and would request a twenty-five (25) year agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That AEP, Columbus Southern Power, a corporation organized under the laws of the State of Ohio, its successors and assigns, (hereinafter called "Company") is hereby granted the right, privilege, franchise and authority to acquire, construct, maintain and operate in, above, under, across and along the streets, alleys, thoroughfares, bridges and public places, as the same now exist or may hereafter be laid out, in the City of Gahanna, State of Ohio, (hereinafter called the "Municipality"), lines for the transmission and distribution of electric energy, either by means of overhead or underground conductors, with all necessary or desirable appurtenances and appliances, including electric substations, for the purpose of supplying electric energy to said Municipality thereof for heat, power or any other purpose or purposes for which electric energy is now or may hereafter be used.
Section 2. That the Company shall fully indemnify and save harmless the Municipality from any and all damages, costs and expenses of every kind occasioned by the sole negligence of the Company in exercising any of its rights, privileges, franchises and obligations under this Ordinance. Further, that this is a non-exclusive contract.
Section 3. That whenever the Company shall begin the erection or installation of any of such lines or equipment it shall promptly and diligently prosecute such work to completion and shall leave the streets, alleys and other public places where such work is done in as good condition or repair as they were before such work was commenced.
Section 4. That the rights, privileges and franchises hereby granted shall not be effective prior to acceptance of this Ordinance by the Company and shall terminate twenty-five (25) years from and after the passage and acceptance of this Ordinance.
Section 5. That whenever in this Ordinance the Municipality or Company is referred to, such reference shall be deemed to include the respective successor or assign of either, and all rights, privileges, franchises and obligations herein contained shall bind and inure to the benefit of such respective successor or assign, in which event the predecessor of such successor or assign is divested of all rights, privileges, franchises or obligations, whether so expressed or not.
Section 6. That the terms and provisions of the Ordinance are joint and several, and the invalidity of any part shall not affect the validity of the remainder of the Ordinance.
Section 7. That this Ordinance shall be in full force and effect after passage by this Council and on the 30th day following the signature approval by the Mayor.