[Adopted 9-11-1995 by Ord. No. 24]
The Township of Three Oaks, County of Berrien, State of Michigan
(hereinafter called "grantor"), hereby grants to Michigan Gas Company,
a corporation doing business in the State of Michigan (hereinafter
called "grantee"), its successors and assigns, a nonexclusive franchise
to use the highways, streets, alleys and other public places of the
Township of Three Oaks, County of Berrien, State of Michigan, for
the purpose of constructing, maintaining and operating a gas distribution
system in said Township 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 Township of Three
Oaks, County of Berrien, State of Michigan, for the purpose of supplying
and distributing to said Township 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 Township 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 Township and for the purpose of
conducting and operating a gas business in said Township subject to
the terms and conditions hereinafter provided.
In laying pipes, mains and other appurtenances and repairing
and maintaining 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 the grantee, which acceptance shall
be filed by the grantee, in writing, within 60 days after the enactment
of this article.
The franchise herein granted shall be revocable at the will
of the governing body of this Township; provided, however, that the
same shall become irrevocable if and when confirmed by a 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 Township by the grantee.
This article shall take effect on the day following the date
of publication of the article.
The Township Clerk is hereby directed to cause a true copy of
this article to be published in the South County Gazette, a newspaper
circulating within the Township, within 30 days hereof.
Within one week after the publication of this article, the Township
Clerk shall record the article in the Code of the Township of Three
Oaks 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. An attested copy of the article shall also
be filed with the Berrien County Clerk within one week after the publication.
