[Adopted 1-1-1995 by Ord. No. 337]
The City of Rockwood, in the County of Wayne, State of Michigan,
referred to as "City," grants to Michigan Consolidated Gas Company,
(the "company") a franchise to lay and maintain gas lines, pipes and
mains and all other equipment in the public right-of-way necessary
to convey, supply and sell natural gas to the citizens and residents
of the City of Rockwood.
The franchise is granted for a term of 30 years commencing no
less than 30 days after publication hereof, upon acceptance in writing
from the company, and shall continue for a period of 30 years thereafter,
subject to revocation at will of the City of Rockwood at any time
during said thirty-year period.
The company shall file a written acceptance of the franchise
with the City Clerk within 60 days after the effective date of this
article. The franchise shall go into effect only when said written
acceptance has been filed with the City Clerk.
A.
Notice. Except for those cases requiring emergency repair of its
pipes, lines, mains or other equipment within the City, the company
shall notify the City 24 hours prior to the barricading, excavation
or repair to any of the pipes, lines or gas mains in the City's
rights-of-way.
B.
In case of leakage, severance or any other breach of the company's
pipes, lines, or mains creating a hazardous or emergency situation,
endangering the lives of the residents of the City, the company shall
immediately notify the Police and Fire Chiefs of the City of Rockwood.
No road, street, alley, or highway shall be opened for the laying
of trunk lines or lateral mains except upon application to the Highway
Commissioner or the City of Rockwood or other authority having jurisdictions
in the premises, stating the nature of the proposed work and the route.
Upon receipt of such applications, it shall be the duty of the Highway
Commissioners or the City Council, or such other authority as may
have jurisdiction, to issue a permit to the company to do the work
proposed. Issuance of such permit shall not be unreasonably withheld.
A.
Obstruction. The company shall not unnecessarily interfere, obstruct
the free and proper use of any highway, street, alley or other public
right-of-way within the City of Rockwood except to the minimum extent
possible due to excavation and repair of its pipes, lines, mains and/or
any other equipment.
B.
Barricade. Any open excavations shall be properly barricaded and
lighted to adequately safeguard vehicular traffic through the City's
rights-of-way.
C.
Repair. The company shall, within a reasonable period of time after
making an opening or excavation, repair the pipe, line or main, close
said opening or excavation and within seven days after closing, repair
and replace the paving, sidewalk, driveways, landscaping or surface
to the same or as good condition as before the opening or excavation
was made, weather conditions permitting.
D.
Interference.
(1)
The company shall not endanger or interfere with the health, safety
or lives of persons in the City.
(2)
The company shall not interfere with any improvements the City may
deem proper to make.
(3)
The company shall not interfere with the rights and reasonable convenience
of private property owners, except to the minimum extent possible
during actual construction or repair.
(4)
The company shall not obstruct, hinder or interfere with any electric,
water, sewer, telephone or cable TV facility or other utilities located
in the City's public rights-of-way.
E.
Relocation of lines. In the event that at any time during the period
of the franchise, the City lawfully elects to alter or change the
grade of any street, alley or other public way or alter or change
the location thereof, the company, upon reasonable notice by the proper
authority, shall, at its own expense, remove or relocate as necessary
its own pipes, lines, mains or any other equipment within the public
right-of-way.
A.
Damages. The company shall use due care in exercising the privileges
herein contained and shall be liable to the City and/or any private
party for all damages and costs which may have occurred arising from
the default, carelessness, or negligence of the company or its officers,
agents or employees.
B.
Indemnification. The company hereby defends, holds harmless and indemnifies
from all claims, complaints or actions for damages and costs which
may be brought against the City, its boards, commissions, officials,
agents and employees for injury to or death of any persons or any
damage to any property arising from the default, carelessness, or
negligence of the company, its officers, agents and employees in the
construction, operation, or maintenance of its property or arising
out of the exercise of any right or privilege under the franchise.
A.
If the provisions and conditions herein contained are accepted in
writing by the company, as prescribed in § 95-37, the company
shall provide and furnish continuous, uninterrupted gas to applicants
residing throughout the City for the entire period of the franchise
at the highest practicable standard of efficiency, service and quality
of products and prevent any unjust discrimination in service or rates.
B.
The company shall put, keep and maintain all parts of its lines,
pipes, mains and any other equipment in good condition throughout
the entire franchise period and shall make repairs promptly and interrupt
service only for the shortest period possible.
The company is now under the jurisdiction of the Michigan Public
Service Commission to the extent provided by law; and the rates to
be charged for gas, and the standards and conditions of service and
operation hereunder, shall be no more or less than as set forth in
the company's schedule of rules, regulations and rates in other
cities, villages and townships in which the company is now rendering
gas service, or as shall hereafter be validly prescribed for the City
of Rockwood under orders, rules and regulations of the Michigan Public
Service Commission or other governmental authority having jurisdiction
in the premises.
The authority given herein shall not in any way impair the right
or ability of the City to use, control and regulate the use of its
streets, alleys, bridges and other public places, including the space
above and below said public rights-of-way.
The word "Michigan Consolidated Gas company," "company," "City
of Rockwood" or the "City," wherever used herein, are intended and
shall be held and construed to mean and include any successors and
assigns whether so expressed or not.
