[Adopted 2-13-2018 by Ord. No. 351]
The Village of New Haven, located in Macomb County, Michigan
(the "Village"), hereby grants to SEMCO Energy Gas Company, a division
of SEMCO Energy, Inc., a Michigan corporation, its successors and
assigns, (the "grantee") the right, power and authority to construct,
lay, operate, maintain and replace in the public streets, highways,
alleys and other public places in the Village of New Haven, Michigan,
all needful and proper gas pipes, mains, conductors, service pipes
and other apparatus and facilities requisite for the manufacture,
transmission and distribution of gas for all purposes to the Village
of New Haven, and the inhabitants thereof, and for conducting gas
elsewhere to supply neighboring cities, villages and other territories
supplied with gas by said grantee, for a period of 30 years.
In consideration of the rights, power and authority hereby granted,
grantee shall faithfully perform all things required by the terms
hereof.
No highway, street, alley, bridge or other public place used
by grantee shall be obstructed longer than necessary during the work
of construction or repair, and shall be restored to as good order
and condition as when grantee commenced the work. All of grantee's
pipes and mains shall be so placed in the highways and other public
places as not to unnecessarily interfere with the use thereof for
highway purposes. Grantee will use its best efforts to not unreasonably
interfere with or disrupt any public utility apparatus or facilities
operated by the Village and, to the extent grantee interferes with
or disrupts any such public utility apparatus or facilities, grantee
shall restore such apparatus or facilities to as good order and condition
as when grantee commenced work.
Grantee shall at all times keep and save the Village free and
harmless from all loss, costs and expense to which it may be subject
by reason of the grantee's negligent construction and negligent
maintenance of the structures and equipment hereby authorized. If
any action is commenced against the Village resulting from grantee's
negligent construction and maintenance, grantee shall, upon notice,
defend the Village and save it free and harmless from all loss, cost
and damage arising out of such negligent construction and maintenance.
The rights, power and authority herein granted are not exclusive.
Either manufactured or natural gas may be furnished hereunder.
Grantee shall charge for gas furnished the rates, charges and
special taxes as approved from time to time by the Michigan Public
Service Commission, or its successors having authority and jurisdiction
to fix and regulate gas rates and charges, or as otherwise permitted
or required by applicable law or tariff, for the term of this franchise.
Such rates shall be subject to Commission review and change at any
time upon petition therefor being made by either said Village, acting
by its Village Council, or by said grantee.
The franchise granted by this ordinance is subject to revocation
upon 60 days' written notice by the party desiring such revocation.
Grantee shall, as to all other conditions and elements of service
not herein fixed, be and remain subject to the reasonable rules and
regulations of the Michigan Public Service Commission or its successors,
applicable to gas service in said City and shall provide service in
accordance with the terms and conditions set forth in its applicable
tariff as approved from time to time by the Michigan Public Service
Commission or its successors.
The words "SEMCO Energy Gas Company" and "SEMCO Energy, Inc.,"
wherever used herein, are intended and shall be held and construed
to mean and include SEMCO Energy Gas Company and its parent, subsidiaries,
successors, affiliates, and assigns, whether so expressed or not.
The word "grantee," wherever used herein, is intended and shall be
held and construed to mean and include SEMCO Energy Gas Company, SEMCO
Energy, Inc., and the successors and assigns of each, whether so expressed
or not. Grantee may assign the rights and obligations under this agreement
as long as the grantee provides prior written notice to the Village
of any such assignment.
The grantee shall not be liable for failure to furnish service
as herein provided, or for any breach of the grantee's obligations
hereunder, if such failure or breach is caused by acts of God, labor
troubles, riot, or any other causes or contingencies not reasonably
within the control of the grantee.
Upon adoption, the Village Clerk shall deliver to grantee a
certified copy of this ordinance. Additionally, the Village shall
publish this ordinance within 30 days of its adoption and this ordinance
shall take effect upon the day after the date of publication thereof,
continuing for a term of 30 years from that date; provided, however,
it shall cease and be of no effect after 60 days from its adoption
unless within said period the grantee shall accept the same in writing
filed with the Village Clerk. Upon acceptance and publication hereof,
the ordinance shall constitute a contract between said Village and
said grantee.