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Ordinance #26 - Michigan Gas Utilities Franchise
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MICHIGAN GAS UTILITIES
(Ord. No. 26)
 
An ordinance granting to UtiliCorp United Inc., a Delaware Corporation doing business in the State of Michigan under the assumed name Michigan Gas Utilities, its successors and assigns, the right, power, authority and permission to use the highways, streets, alleys and other public places of the Township of Berrien, County of Berrien, State of Michigan, for the purpose of laying and maintaining gas pipes, mains, conduits, valves, drips and all necessary appurte­nances in, under and along the highways, streets, alleys and other public places, of said Township, and the right, power and permission to conduct and operate a general gas business and distribution system in said Township of Berrien, County of Berrien, State of Michigan for a period of thirty (30) years.
 
THE TOWNSHIP BOARD OF THE TOWNSHIP OF BERRIEN, COUNTY OF BERRIEN, STATE OF MICHIGAN HEREBY ORDAINS:
 
50.001             Granting of franchise to use highways, streets, alleys and public places.
 
Sec. 1. The Township of Berrien, County of Berrien, State of Michigan, (hereinafter called "Grantor"), hereby grants to UtiliCorp United Inc., a Delaware corporation doing business in the State of Michigan under the assumed name Michigan Gas Utilities, (hereinafter called "Grantee"), its successors and assigns, a franchise to use the highways, streets, alleys and other public places of the Township of Berrien, County of Berrien, State of Michigan, for the purpose of constructing, maintaining and operating a gas distribution system in said Township with full right, power and authority to establish, construct, maintain, extend and operate a plant, stations, mains, pipes, conduits, valves, drips and all other appurtenances, apparatus and appliances within the corporate limits of the Township of Berrien, County of Berrien, State of Michigan, for the purpose of supplying and distributing to said Township and its inhabitants gas for heating and other purposes and, for such purposes, to enter upon and use the highways, streets, alleys, and public lands of said Township and lay, maintain, operate, repair and extend therein, through and there under such mains, pipes, conduits, valves, drips, apparatus, appliances and other appurtenances as may be neces­sary and proper for the distribution of gas throughout and beyond said Township and for the purpose of conducting and operating a gas business in said Township subject to the terms and conditions hereinafter provided.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.002             Non-disturbance of public travel; restoration; construction maintenance.
 
Sec. 2. In laying its pipes, mains and other appurtenances and repairing and maintaining the same, Grantee shall interfere as little as possible with public travel. After opening any portion of the highways, streets, alleys or other public place, Grantee shall within a reasonable time restore the same as nearly as possible to the same condition as prevailed before opening. While any portion of the highways, streets, alleys or other public place is open, Grantee shall maintain reasonable barriers and lights at night and other warnings to the users of said highways, streets, alleys or other public place.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.003             Hold harmless.
 
Sec. 3. Grantee shall at all times hold Grantor harmless from any loss, damage and expense of any kind on account of the laying, constructing, mainte­nance, and use of said mains, pipes, conduits and other appurtenances.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.004             Rates established by Michigan Public Service Commission.
 
Sec. 4. The rates to be charged by Grantee and all rules of service shall be those which are established from time to time by the Michigan Public Service Commission or such other body which shall succeed to the jurisdiction, rights, powers and authority of said Commission.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.005             Term; effective date.
 
Sec. 5. The rights granted in this franchise shall continue in full force and effect for a period of thirty (30) years from the effective date thereof. The effective date of this franchise shall be the date of the acceptance of the franchise by Grantee, which acceptance shall be .filed by the Grantee, in writing, within sixty (60) days after the enactment of this ordinance.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.006             Franchise revocable: irrevocability upon approval of electors.
 
Sec. 6. The franchise herein granted shall be revocable at the will of the governing body of this Township, provided, however, that the same shall become irrevocable if and when confirmed by a majority of the electors voting upon the question at the next general election or at any special election called for that purpose. Such special election shall be held at the request of said Grantee.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.007             Expenses of election paid by grantee.
 
Sec. 7. In the event of a special election, the expenses thereof shall be deposited with the Clerk of this Township by the Grantee.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.008             Ordinance effective date.
 
Sec. 8. This ordinance shall take effect on the day following the date of publication of the ordinance.
            (Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.009             Publication.
 
Sec. 9. The Township Clerk is hereby directed to cause a true copy of this ordinance to be published in the Journal Era, a newspaper circulating within the Township within 30 days hereof.
(Ord. No. 26, Adopt. Aug. 10, 1993)
 
50.010             Recording of ordinance.
 
Sec. 10. Within one week after the publication of this ordinance, the Township Clerk shall record the ordinance in the Book of Ordinances kept by the Clerk for such purpose. Such record shall include the date of passage hereof, the names of the members voting hereon and how each member voted. An attested copy of the Ordinance shall also be filed with the Berrien County Clerk within one week after the publication.
(Ord. No. 26, Adopt. Aug. 10, 1993)


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