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1976-054 OrdinanceOrdinance 1976- 5~ Offered by Mayor Hartlaub AN ORDINANCE TO PROVIDE ELECTRIC ENERGY FOR THE OPERATION OF MUNICIPAL TRAFFIC CONTROL LIGHTS, TRAFFIC SIGNS AND WARNING-.LIGHTS OF-THE-CITY OF FAIRLAWN, OHIO,-AND DECLARING AN EMERGENCY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, OHIO; Section 1- The Mayor and Clerk-Treasurer are authorized and directed to make, on behalf of the City, a contract with Ohio Edison Company for electric energy required for the operation of the City's traffic control lights, traffic signs, and warning lights. The contract shall contain the following terms and conditions' This contract between the City of Fairlawn, an Ohio municipal corporation (to be referred to as the "City" and Ohio Edison Company, an Ohio corporation (to be referred to as the "Company") Witnesseth' Whe.reas, the Council of the City, by Ordinance No. adopted , 1976, authorized and directed the Mayor and Clerk- Treasurer to make, on behalf of the City a contract with Ohio Edison Company for electric energy required for the operation of the City's traffic control lights, traffic signs, and warning lights. Now, therefore, the parties agree as follows- 1. This contract shall become effective as of 1976, and shall remain in force and effect for a period of ten (10) years from such date, provided, however, that either the City or the Company may terminate the rate schedule contained in this con- tract by giving to the other party written notice of termination at least six months prior to the date of termination. If such a notice of termination is given the parties shall agree upon a rate schedule to replace the rate schedule to be terminated. 2. The Company shall furnish all the electric energy required for the operation of the City's traffic control lights~ traffic signs, and warning lights. The City shall pay for such electric energy at the following monthly net rates- RATE SCHEDULE TRAFFIC CONTROL LIGHTS AND SIGNS Type Net Monthly Rates Per Light 60 6~ to 69 1OO to ll6 150 Watt Bulbs Watt Bulbs Watt Bulbs Watt Bulk _ 1-Way with 2 or 5 bulbs per way $1.00 2-Way with 2 or 5 bulbs per way 2.00 5-Way with 2 or '5 bulbs per way 5.00 ~-Way with 2 or 5 bulbs per way ~.OO 5-Way with 2 or 5 bulbs per way 5.00 $ .1o Sx.so $2.50 2.25 .3.55 5.0o 3.35 5.35 7.50 7. o.oo 5.60 $. 90 12.50 For additional bulbs add to the above net rates the following amounts' Intermittent Operation Continuous Operation $ .50 per 60-Watt bulb $1.O0 per 60-Watt bulb · 55 per 6~ to 69-Watt bulb 1.10 per 6~ to 69-Watt bulb .90 per 100 to ll6-Watt bulb 1.80 per 1OO to ll6-Watt bulb 1.25 per 150-Watt bulb 2.50 per 150-Watt bulb The charge for wattages not listed shall be the amount obtained by dividint the charge for 60-watt bulbs by 60 and multiplying the quotient by the wat~ age for which a rate is desired. Minimum charge- $1.50 net per month per service connection. 1976 - 5~ WARNING LIGHTS Type Net Monthly Rates per Bulb F lashing C ont inuou s Unit using 60-Watt bulbs $ .50 $1.00 Unit using....6q to 69-Watt.bulbs .55 1.10 Unit using 75-Watt bulbs .60 1.25 Unit using 100 to ll6-Wat~ bulbs .90 1.80 Unit using 150-Watt bulbs 1.25 2.50 The charge for each the number of bulbs rate per bulb. service connection shall be obtained by multiplying contained in the units connected thereto by the above Minimum charge- $1.50 net per month per service connection. 5. On or about the first day of each month the Company will present to the City a bill for electric energy furnished under this contract during the preceding month. The bill shall be due and payable within twenty days following its presentation. If the net _amount of such bill is not paid within said twenty days, the gross .amount, which is 5:?, more than the net amount, shall be due and payable. " ~. The City shall own, install and maintain all traffic control lights, traffic signs, and warning lights and their associated wiring and equipment. The Company shall make all service connections. 5. The City shall have the right to attach street signs and equipment for the police and fire signal systems to any of the Company's poles. Such attachments shall not interfere with the Company's use of its property. Such attachments shall be made in accordance with accepted standards for safe construc- tion. The City shall indemnify and save harmless the Company from and against any and all liability arising from the City's use of the Company's facilities. 6. A tabulat lights, traffic si service on the elf and made a part he in writing if any or warning light i The Company will unit, provided, system shall be is unreasonable therefrom. ion showing all the City's traffic control gns, and warning lights, installed and in ective date of this contract, is attached hereto reof. The City agrees to notify the Company additional traffic control s installed, or if any such provide service connections however, that no extension of required for such purpose if in relation to the revenue to light, traffic sign, unit is removed. to any additional the Company's the cost thereof be derived 7. All the Company's obligations with respect to making eXtensions, furnishing service and sapplying electric energy shall at all times be subject to limitation or restriction by virtue of orders or regulations issued by governmental authorities. 8. The terms, provisions, contract shall extent to, inure successors and assigns. covenants and conditions of this to and bind the parties, their 9. This .contract contains the complete agreement of the parties with respect to electric energy for the operation of traffic control lights, traffic signs, and warning lights. There are no other such agreements or understandings, written, oral or implied. to be 1976. In witness whereof, the parties have caused this contract executed by their duly authorized officials 1976- 5~ Section 2- with, are to, revive All other ordinances or sections thereof hereby repealed. No such repeal shall, or any former ordinance or portion thereof. in conflict here- shall be construed Section 5' That it is hereby found and determined that this complies with Section 121.22, O.R.C. regarding notification and all deliberations of this Council pertaining hereto have ducted-in"accordance therewith. legislation of meetings been con- Section ~: This ordinance is declared to be an emergency measure neces- sary to the health safety and welfare of the residents of the City of Fairlawn, Ohio, for the reason that it is imperative that ~11 traffic signals receive electrical service on a continuous~ uninterrupted basis, and shal.1-there£ore';' be in full force and effect from and after its enactment and approval by the Mayor or after the earliest period allowed by 1 aw. Enacted May 3 , 1976 Clerk of Council App roved- May 4 /ao~ep~ A. Har~laub (M?yo'~' .~. 1976 Ridha~rd C. Lo~-y~ ..... bPr.e.~i, dent. of Council y axcnael v. Markel Vice-President of Council Approved as to Form- Robert H· Maxson Law Director I, William F. Reed, Clerk of Council of the City of Fairlawn, Summit County, Ohio, do hereby certify that the foregoing Ordinance 1976-54 ~as duly and regularly passed by the Council at a Regular Meeting on May 3, 1976. William F. Reed, Clerk o 'Councl ~' pav 'his is to certify that on 5'-~-7~ the .,.vithin Ordinance'Resolution was published by :}osting a true copy of the same in five public places within the City as prescr, ibed in Ord. 1972-108, William F. Reed Clerk of Council 19~6- 5~ SCHEDULE "A" Tabulation of Traffic Control Lights, Traffic Signs and Warning Lights Installed and in Service as of March 23, 1976. No. Location 11 12 13 15 16 Smith-Ghent 8 1W, 5D W. Market-Ghent-Trunko 15 1W, 5D 1 1W, ~D SR 18-Fairlawn Plaza 5 1W, 5D 1 1W, ~D 2 walk-wait SC warn. SR 18-Summit Mall SR 18-Miller Removed C hambe r 1 ai n-Mi 11 er 8 1W, ~D 1 1W, ~D 11 1W, ~D 1 &W, 3D 2 2W, 3D Sand Run Pkwy - Mackinaw SC Warn. Sand Run Pkwy- Co runna SC warn. 26~5 Smith-Herberich SC warn. Sand Run-Revere SR 18-Shiawassee SR 18-Fairlawn Plaza Smith-SR18 Reve re-Barrington Sand Run-Shiawas see 2 2W, 3D Warn. fl. 6 1W, 3D 1 2W, 3D 5 1W, 3D 1 1W, ~D 2 1W, 3D 6 1W, ~D ~ 1W, 5D tt 2W, 3D ~ walk-wait 2~ 150W 25 69W 2 69W & 2 15 OW 13 69W 3 69W & 1 150W & l16W ~ 15OW, fl. 2 75W, cont. 2~ 15OW ~ ~5ow 19 69w & l& 150W 12 69w 12 69w & 69W, fl. ~ 69W, fl. & 69W, fl. 2 75W, cont. 12 120W ~ 15ow 12 69W & 6 150W 6 6'w '~5.150w q ~5o~ 8 ~5ow 18 15ow ~ 69W fi. 8 150W & 16 69W 8 l16W