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 Village of Baroda, 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 Village and to the inhabitants thereof by
supplying electric energy to said Village 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 Village of Baroda, State of Michigan, subject to such reasonable
regulation of the placement and operation of the Facilities as the
Village 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.
Said Grantee shall save the Village harmless from any and all
liability arising in any way from Grantee's negligence in the erection,
maintenance, or operation of said Facilities, except to the extent
arising out of the Village'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 Ordinance reference is made to the Village
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 Village, 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 Village,
or of said Grantee, whether so expressed or not.
This Ordinance 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.