[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 5-20-2015 by Ord. No. 313. Amendments noted where applicable.]
Editor's Note: This chapter was adopted as Ch. 380 but was renumbered in order to place it in the Appendix and to maintain the organizational style of the Code.
The purpose of this Ordinance is to add Chapter A485 to grant SEMCO Gas Company, a division of SEMCO Energy, Inc., a Michigan corporation, 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, waterways, and other public places, and to conduct a local gas business in the Township of East China, located in St. Clair County, Michigan, for a period of 30 years.
The Township of East China, located in St. Clair County, Michigan (the "Township"), hereby grants to SEMCO Energy Gas Company, a division of SEMCO Energy, Inc., a Michigan corporation, its successors and assigns, (the "grantee") the right, power and authority to construct, lay, operate, maintain and replace in the public streets, highways, alleys and other public places in the Township of East China, Michigan, all needful and proper gas pipes, mains, conductors, service pipes and other apparatus and facilities requisite for the manufacture, transmission and distribution of gas for all purposes to the Township of East China, and the inhabitants thereof, and for conducting gas elsewhere to supply neighboring cities, villages and other territories supplied with gas by said grantee, for a period of 30 years.
In consideration of the rights, power and authority hereby granted, the grantee shall faithfully perform all things required by the terms hereof.
No highway, street, alley, bridge or other public place used by the grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to as good order and condition as when the grantee commenced the work. All of the 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. The grantee will use its best efforts to not unreasonably interfere with or disrupt any public utility apparatus or facilities operated by the Township and, to the extent the grantee interferes with or disrupts any such public utility apparatus or facilities, the grantee shall restore such apparatus or facilities to as good order and condition as when the grantee commenced work.
The 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 grantee's negligent construction and negligent maintenance of the structures and equipment hereby authorized. If any action is commenced against the Township resulting from the grantee's negligent construction and maintenance, the 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.
The rights, power and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder.
The grantee shall charge for gas furnished the rates, charges and special taxes as approved from time to time by the Michigan Public Service Commission, or its successors having authority and jurisdiction to fix and regulate gas rates and charges, or as otherwise permitted or required by applicable law or tariff, for the term of this franchise. Such rates shall be subject to Commission review and change at any time upon petition therefor 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.
The 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 and shall provide service in accordance with the terms and conditions set forth in its applicable tariff as approved from time to time by the Michigan Public Service Commission or its successors.
The words "SEMCO Energy Gas Company" and "SEMCO Energy, Inc.," wherever used herein, are intended and shall be held and construed to mean and include SEMCO Energy Gas Company and its parent, subsidiaries, successors, affiliates, and assigns, whether so expressed or not. The word "grantee," wherever used herein, is intended and shall be held and construed to mean and include SEMCO Energy Gas Company, SEMCO Energy, Inc., and the successors and assigns of each, whether so expressed or not. The grantee may assign the rights and obligations under this agreement as long as the grantee provides prior written notice to the Township of any such assignment.
The grantee shall not be liable for failure to furnish service as herein provided, or for any breach of the grantee's obligations hereunder, if such failure or breach is caused by acts of God, labor troubles, riot, or any other causes or contingencies not reasonably within the control of the grantee.