[Adopted 5-10-2004 by Ord. No. 37]
Indiana Michigan Power Company, its successors and assigns (hereinafter
called "grantee") is hereby granted the right, privilege, franchise,
and authority to acquire, construct, maintain, and operate in, above,
under, across, and along the streets, thoroughfares, alleys, bridges,
and public places (as the same now exist or may hereafter be laid
out) of the Township of Three Oaks, Berrien County, State of Michigan,
lines for the transmission and distribution of electric energy, either
by means of overhead or underground conductors, with all the necessary
or desirable appurtenant equipment (the "facilities"), to render public
utility service in said Township and to the inhabitants thereof by
supplying electric energy to said Township and the inhabitants thereof,
and persons or corporations beyond the limits thereof for all purposes
for which electric energy is now or may hereafter be used, and the
transmission and distribution of the same within, through, or across
said Township of Three Oaks, Berrien County, State of Michigan, subject
to such reasonable regulation of the placement and operation of the
facilities as the Township Board shall prescribe from time to time
and as is permitted under applicable state law.
Said facilities shall be constructed in a manner that shall
not unreasonably interfere with the traveling public in its use of
the streets, thoroughfares, alleys, bridges, and public places.
A.
The rights, privileges, and franchise hereby granted shall be in
force and effect for a period of 30 years from the date of the passage
of this article, but revocable at the will of the Township Board unless
approved by vote of the electors.
B.
The rights, privileges, and franchise hereby granted shall not be
construed to be exclusive, and the Board of the Township of Three
Oaks hereby reserves the power to grant similar rights, privileges,
and franchises to any other person or persons, firm or firms, corporation
or corporations.
Said grantee shall save the Township harmless from any and all
liability arising in any way from the grantee's negligence in the
erection, maintenance, or operation of said facilities, except to
the extent arising out of the Township's negligence or willful misconduct.
Whenever said grantee shall begin the erection or installation
of any lines or equipment, it shall promptly and diligently prosecute
the work to completion and leave the streets, thoroughfares, alleys,
bridges, and public places where such work is done in as good condition
of repair as before such work was commenced.
Wherever in this article reference is made to the Township or
the grantee, it shall be deemed to include the respective successors
or assigns of either; and all rights, privileges, franchises, and
obligations herein contained by or on behalf of said Township, or
by or on behalf of said grantee, shall be binding upon and inure to
the benefit of the respective successors or assigns of said Township,
or of said grantee, whether so expressed or not.
This article shall be accepted by the grantee within 60 days
from the date of the passage of same.
This franchise shall take effect after its adoption, acceptance
and publication as required by law.
