[HISTORY: Adopted by the Village Council of the Village of Michiana 11-23-1990 by Ord. No. 45.000 (Section 45.000 of the 2001 Code). Amendments noted where applicable.]
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.
A. 
All of grantee's towers, masts and poles shall be so placed on either side of the highways, streets, alleys and bridges as not to unnecessarily interfere with the use thereof for highway, street, alley and bridge purposes. All of grantee's wires carrying electricity shall be securely fastened so as not to endanger or injure persons or property in said highways, streets, alleys and bridges. All work performed by said grantee in said highways, streets, alleys and bridges shall be done so as to minimize interference with the use thereof, and when completed the same shall be left in as good condition as when work was commenced. The grantee shall have the right to cut or trim trees if necessary in the conducting of such business; subject, however, to the supervision of the highway authorities. The supervision of highway authorities shall be limited to the purpose of minimizing interference with the public use of highways, streets, alleys and bridges.
B. 
Said lines and appurtenances shall be constructed so as to interfere as little as possible with the proper lawful use of the streets, alleys and public places. The installation of all poles, conduits and appurtenances shall be according to industry standards and shall be subject to such reasonable regulations as shall be prescribed by said Village Council from time to time.
A. 
The rights, privileges and franchise hereby granted shall be in force and effect for a period of 10 years from the date of the passage of this franchise ordinance, but revocable at the will of this Village Council unless approved by vote of the electors.
B. 
The rights, privileges and franchise hereby granted shall not be construed to be exclusive, and the Village Council of the Village of Michiana, County of Berrien, State of Michigan, hereby reserves the power to grant similar rights, privileges and franchises to any other person or persons, firm or firms, corporation or corporations.
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.