An Ordinance granting to Utilicorp United, Inc., a Delaware
Corporation doing business in the State of Michigan under the assumed
name Michigan Gas Utilities, its successors and assigns, the right,
power, authority and permission to use the highways, streets, alleys
and other public places of the Village of Baroda, County of Berrien,
State of Michigan, for the purpose of laying and maintaining gas pipes,
mains, conduits, valves, drips and all necessary appurtenances in,
under and along the highways, streets, alleys and other public places,
of said Village, and the right, power and permission to conduct and
operate a general gas business and distribution system in said Village
of Baroda, County of Berrien, State of Michigan for a period of 30
years.
The Village Council of the Village of Baroda, County of Berrien,
State of Michigan, hereby ordains:
[Comp. Ords. 1995, § 12.521; Ord.
No. 123, § 1, 11-1-1993]
The Village of Baroda, County of Berrien, State of Michigan,
(hereinafter called "Grantor"), hereby grants to UtiliCorp United
Inc., a Delaware corporation doing business in the State of Michigan
under the assumed name Michigan Gas Utilities, (hereinafter called
"Grantee"), its successors and assigns, a franchise to use the highways,
streets, alleys and other public places of the Village of Baroda,
County of Berrien, State of Michigan, for the purpose of constructing,
maintaining and operating a gas distribution system in said Village
with full right, power and authority to establish, construct, maintain,
extend and operate a plant, stations, mains, pipes, conduits, valves,
drips and all other appurtenances, apparatus and appliances within
the corporate limits of the Village of Baroda, County of Berrien,
State of Michigan, for the purpose of supplying and distributing to
said Village and its inhabitants gas for heating and other purposes
and, for such purposes, to enter upon and use the highways, streets,
alleys, and public lands of said Village and lay, maintain, operate,
repair and extent therein, through and thereunder such mains, pipes,
conduits, valves, drips, apparatus, appliances and other appurtenances
as may be necessary and proper for the distribution of gas throughout
and beyond said Village and for the purpose of conducting and operating
a gas business in said Village subject to the terms and conditions
hereinafter provided.
[Comps. Ords. 1995, § 12.522; Ord.
No. 123, § 2, 11-1-1993]
In laying its pipes, mains and other appurtenances and repairing
and maintaining the same, Grantee shall interfere as little as possible
with public travel. After opening any portion of the highways, streets,
alleys or other public place, Grantee shall within a reasonable time
restore the same as nearly as possible to the same condition as prevailed
before opening. While any portion of the highways, streets, alleys
or other public place is open, Grantee shall maintain reasonable barriers
and lights at night and other warnings to the users of said highways,
streets, alleys or other public place.
[Comps. Ords. 1995, § 12.523; Ord.
No. 123, § 3, 11-1-1993]
Grantee shall at all times hold Grantor harmless from any loss,
damage and expense of any kind on account of the laying, constructing,
maintenance, and use of said mains, pipes, conduits and other appurtenances.
[Comps. Ords. 1995, § 12.524; Ord.
No. 123, § 4, 11-1-1993]
The rates to be charged by Grantee and all rules of service
shall be those which are established from time to time by the Michigan
Public Service Commission or such other body which shall succeed to
the jurisdiction, rights, powers and authority of said Commission.
[Comp. Ords. 1995, § 12.525; Ord.
No. 123, § 5, 11-1-1993]
The rights granted in this franchise shall continue in full
force and effect for a period of 30 years from the effective date
thereof. The effective date of this franchise shall be the date of
the acceptance of the franchise by Grantee, which acceptance shall
be filed by the Grantee, in writing, within 60 days, after the enactment
of this ordinance.
[Comp. Ords. 1995, § 12.526; Ord.
No. 123, § 6, 11-1-1993]
The franchise herein granted shall be revocable at the will
of the governing body of this Village, PROVIDED, however, that the
same shall become irrevocable if and when confirmed by a 3/5 majority
of the electors voting upon the question at the next general election
or at any special election called for that purpose. Such special election
shall be held at the request of said Grantee.
[Comp. Ords. 1995, § 12.527; Ord.
No. 123, § 7, 11-1-1993]
In the event of a special election, the expenses thereof shall
be deposited with the Clerk of this Village by the Grantee.
[Comp. Ords. 1995, § 12.528; Ord.
No. 123, § 8, 11-1-1993]
This Ordinance shall take effect on the day following the date
of publication of the ordinance.
[Comp. Ords. 1995, § 12.529; Ord.
No. 123, § 9, 11-1-1993]
The Village Clerk is hereby directed to cause a true copy of
this ordinance to be published in The Herald-Palladium, a newspaper
circulating within the Village within 15 days hereof.
[Comp. Ords. 1995, § 12.530; Ord.
No. 123, § 10, 11-1-1993]
Within one week after the publication of this ordinance, the
Clerk of the Council shall record the ordinance in the Record of Ordinances
book kept by the Clerk for such purpose. Such record shall include
the date of passage hereof, the names of the members voting hereon
and how each member voted, and the ordinance shall be authenticated
by the Village Council President and Clerk by affixing their official
signatures on the record.
