[HISTORY: Adopted by the City Council of the City of Bridgman 12-5-1994 by Ord. No. 123 (Ch. 700.000 of the 1999 Compiled Ordinances). Amendments noted where applicable.]
The City of Bridgman, 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 City of Bridgman, County of Berrien, State of Michigan, for the purpose of constructing, maintaining and operating a gas distribution system in said City 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 City of Bridgman, County of Berrien, State of Michigan, for the purpose of supplying and distributing to said City 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 City and lay, maintain, operate, repair and extend 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 City and for the purpose of conducting and operating a gas business in said City subject to the terms and conditions hereinafter provided.
In laying its pipes, mains and other appurtenances and repairing and maintaining the same, the grantee shall interfere as little as possible with public travel. After opening any portion of the highways, streets, alleys or other public place, the 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, the grantee shall maintain reasonable barriers and lights at night and other warnings to the users of said highways, streets, alleys or other public place.
The grantee shall at all times hold the 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.
The rates to be charged by the 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.
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 chapter.
The franchise herein granted shall be revocable at the will of the governing body of this City; provided, however, that the same shall become irrevocable if an when confirmed by a three-fifths 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.
In the event of a special election, the expenses thereof shall be deposited with the Clerk of this City by the grantee.
Within one week after the publication of this chapter, the City Clerk shall record the chapter within the books and records of the City kept by the Clerk for such purpose and the recording shall be authenticated by the signatures of the Mayor and City Clerk.