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ORDINANCE NO. GF
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An ordinance granting a gas franchise to Michigan Power Company.
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The Township of Park ordains that the following gas franchise
is hereby approved and granted to Michigan Power Company:
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GAS FRANCHISE
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A franchise granting to Michigan Power Company, it successors
and assigns, the right to acquire, construct, maintain, and operate
in the streets, alleys and public places of the Township of Park and
its successors, pipes, mains, services and appurtenances for the transmission
and distribution of gas to the Township of Park and the inhabitants
thereof for heat, and other purposes and for the a transmission of
the same within, through or across said Township of Park, County of
Ottawa, State of Michigan.
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BE IT RESOLVED by the Township Board of the Township of Park,
County of Ottawa, State of Michigan, and it is hereby ordained by
authority of the same that:
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The 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, under,
across, and along the streets, thoroughfares, alleys, bridges and
public places (as the same now exist or may hereafter be laid out)
of the Township of Park, County of Ottawa, State of Michigan, pipes,
mains, services, and appurtenances for the transmission and distribution
of gas, by any means, with all the necessary or desirable appurtenances
for the purpose of supplying gas to said Township and the inhabitants
thereof, and persons or corporations beyond the limits thereof, for
heat, or any other purposes for which gas is now or may hereafter
be used, and the distribution of the same within, through or across
said Township of Park, County of Ottawa, State of Michigan, subject
to such reasonable regulations as the Township Board of said Township
of Park shall prescribe from time to time.
Said pipes, mains, services, 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 location of all pipes,
mains, services, and appurtenances shall be made under the supervision
of the Township Board of the said Township and shall be subjected
to such reasonable regulations as shall be prescribed by said Township
Board from time to time.
The rights, privileges and franchise hereby granted shall be
in force and effect for a period of 30 years from the date of the
passage of this franchise.
The rights, privileges and franchise hereby granted shall not
be construed to be exclusive and the Township Board of the Township
of Park, County of Ottawa, 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 save the Township harmless from any and all
liability arising in any way from negligence in the erection, maintenance
or operation of said pipes, mains, services, and appurtenances for
the distribution of gas.
Whenever said grantee shall begin the erection of any pipes,
mains, services and appurtenances 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. If the grantee shall
fail to complete such restoration within 30 days after the completion
of the erection of any pipe, main, service, appurtenance or equipment
to the reasonable satisfaction of the Township of Park, then the Township
of Park may, at its option, cause such restoration to be done and
the grantee shall, in such event, pay to the Township of Park the
cost thereof in the itemized amounts reported by the Township of Park
to the grantee. Such payment shall be made within 30 days after mailing
of the itemized report to the grantee. Should the grantee elect to
move a pipe or main because a of street construction or the placement
of municipal utilities, the grantee shall move such pipe or main at
its sole expense, provided, however, if (a) the pipe or main is located
at its proper location in the right of way as specified by the applicable
Township, county and/or local standards and (b) the municipal engineer
certifies, in the exercise of reasonable engineering judgment, that
it is necessary that such main or pipe be moved for such construction
or placement of utilities to proceed, then such main or pipe shall
be moved at the expense of the Township or its thirty-party contractor(s).
Whenever in this franchise reference is made to the Township
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 Township 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 Township 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 ordinance.
This franchise will take effect from and after its adoption,
acceptance and publication as required by law.
Dated this 1st day of October, 1981.
Adopted at a regular meeting of the Park Township Board held
on October 1, 1981.
