[HISTORY: Adopted by the Township Board of the Township of
Putnam 10-20-1993 by Ord. No. 26 (Ch. 15 of the 2004 Township Code).
Amendments noted where applicable.]
This ordinance grants to Consumers Power Company, its successors
and assigns, the right, power and authority to lay, maintain and operate
gas mains, pipes, and services on, along, across, and under the highways,
streets, alleys, bridges, and other public places, and to do a local
gas business in the Township of Putnam, Livingston County, Michigan,
for a period of 30 years.
The Township of Putnam. Livingston County, Michigan, hereby
grants to the Consumers Power Company, a Michigan corporation, its
successors and assigns, hereinafter called the "grantee," the right,
power and authority to lay, maintain, and operate gas mains, pipes
and services on, along, across, and under the highways, streets, alleys,
bridges and other public places, and to do a local gas business in
the Township of Putnam, Livingston County, Michigan for a period of
30 years.
In consideration of the rights, power and authority hereby granted,
said grantee shall faithfully perform all things required by the terms
hereof.
No highway, street, alley, bridge, or other public place used
by said grantee shall be obstructed longer than necessary during the
work of construction or repair, and shall be restored to the same
order and condition as when said work was commenced. All of grantee's
pipes and mains shall be so placed in the highways and other public
places as not to unnecessarily interfere with the use thereof for
highway purposes.
Said grantee shall at all times keep and save the Township 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 and equipment hereby authorized. In case any action
is commenced against the Township on account of the permission herein
given, said grantee shall, upon notice, defend the Township and save
it free and harmless from all loss, cost, and damage arising out of
such negligent construction and maintenance.
Said grantee shall construct and extend its gas distribution
system within said Township, and shall furnish gas to applicants residing
therein in accordance with applicable laws, rules, and regulations.
The rights, power and authority herein granted, are not exclusive.
Either manufactured or natural gas may be furnished hereunder.
Said grantee shall be entitled to charge the inhabitants of
said Township for gas furnished therein, the rates as approved by
the Michigan Public Service Commission, to which Commission or its
successors authority and jurisdiction to fix and regulate gas rates
and rules regulating such service in said Township, are hereby granted
for the term of this franchise. Such rates and rules shall be subject
to review and change, at any time upon petition therefore being made
by either said Township, acting by its Township Board, or by said
grantee.
The franchise granted by this ordinance is subject to revocation
upon 60 days written notice by the party desiring such revocation.
Said grantee shall, as to all other conditions and elements
of service not herein fixed, be and remain subject to the reasonable
rules and regulations of the Michigan Public Service Commission or
its successors, applicable to gas service in said Township.
This ordinance shall take effect upon the day after the date
of publication thereof; provided, however, it shall cease and be of
no effect after 30 days from its adoption unless within said period
the grantee shall accept the same in writing filed with the Township
Clerk. Upon acceptance and publication hereof, this ordinance shall
constitute a contract between said Township and said grantee.