The Indiana Michigan Power Company, its successors and assigns
(hereinafter called "grantee"), are hereby granted the right, privilege,
franchise and authority to acquire, construct, maintain and operate
in, above, under, across and along the streets, thoroughfares, alleys,
bridges and public places (as the same now exist and may hereafter
be laid out) of the Village of Michiana, County of Berrien, State
of Michigan, lines for the transmission and distribution of electric
energy, either by means of overhead or underground conductors, with
all the necessary or desirable appurtenances for the purpose of supplying
electric energy to said Village and the inhabitants thereof, and persons
or corporations beyond the limits thereof, for light, heat, power
or any other purposes or purpose for which electric energy is now
or may hereafter be used, and the transmission of same within, through
or across said Village of Michiana, County of Berrien, State of Michigan,
subject to such reasonable regulations as the Village Council shall
prescribe from time to time.
Said grantee shall at all times keep and save the Village free
and harmless from all loss, costs and expense to which it may be subject
by reason of the negligent construction and maintenance of the structures
hereby authorized. In case any action is commenced against the Village
on account of the permission herein granted, said grantee shall, upon
notice, defend the Village and save it free and harmless from all
loss, cost and damage arising out of such negligent construction and
maintenance.
Whenever said grantee shall begin the erection of any lines
or equipment, it shall promptly and diligently prosecute the work
to completion and leave the streets, alleys and public places where
such work is done in as good condition of repair as before such work
was commenced.
Whenever in this franchise reference is made to the Village
or the grantee, it shall be deemed to include the respective successors
or assigns of either, and all rights, privileges and obligations herein
contained by or on behalf of said Village or by or on behalf of said
grantee shall be binding upon and inure to the benefit of the respective
successors or assigns of said Village or of said grantee, whether
so expressed or not.
This franchise shall be accepted by the grantee within 60 days
from the date of the adoption of this resolution.