[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.