[Adopted 10-28-2019 by Ord. No. 244[1]]
[1]
Editor's Note: This ordinance also superseded former Art. III, Natural Gas, adopted 4-18-1995 by Ord. No. 101.
The City of New Buffalo (the "City") 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 City of New Buffalo, 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 City of New Buffalo, and the inhabitants thereof, and for conducting gas elsewhere to supply neighboring cities, villages and other territories supplied with gas by said Grantee, subject to the terms and conditions of this ordinance.
In consideration of the rights, power and authority hereby granted, the Grantee shall faithfully perform all things required by the terms hereof.
A. 
The Grantee and its contractors and subcontractors shall not unduly burden or interfere with the present or future use of any of the public rights-of-way within the City and shall interfere as little as possible with public travel. The Grantee and its contractors and subcontractors shall, at the Grantee's sole expense, repair the public rights-of-way and leave them in as good condition as before the opening or excavation was made.
B. 
If the Grantee damages, harms or injures any street, highway, alley or other public space, or in any manner disturbs or interferes with any water main or public or private sewer lines currently constructed or that may be constructed in the future, the Grantee shall repair that property to at least the same condition.
C. 
The Grantee shall notify the City, in writing or by electronic mail, at least 48 hours prior to undertaking any work in the City involving excavation in or the closing of any public rights-of-way. The City shall, upon the effective date of this ordinance, provide, in writing, the individual's name and method of communication by which the Grantee will provide notice. The notice shall state the intended duration of any rights-of-way obstruction, which obstruction shall not continue for more than four hours beyond the stated time unless the City grants an extension of time. The Grantee shall, at the City's request, provide plans and specifications showing the nature and extent of the proposed excavation and construction. The Grantee is solely responsible for obtaining any necessary governmental permits for such excavation or construction.
D. 
This ordinance shall not be construed to prevent the Grantee from immediately commencing construction or repair work from a severe weather event or other emergency when deemed necessary to prevent danger to life or property and, in such case, the Grantee shall notify the City of the construction or repair work as soon as reasonably practical.
E. 
Upon the City's request for a public improvement project, and only to the extent the Grantee's facilities physically interfere with such public improvement, the Grantee shall relocate components of its facilities within the public rights-of-way at no charge to the City.
F. 
Any easements over or under private property necessary for the construction or preparation of the Grantee's facilities shall be arranged and paid for by the Grantee. Any easements over or under property owned by the City other than the public rights-of-way shall be negotiated with the City.
G. 
The Grantee and its contractors and subcontractors may exercise all of the Grantee's rights and perform all of the Grantee's duties and this ordinance in compliance with all applicable laws, ordinances, rules, regulations, permit or license requirements, and orders of any governmental agency or official of competent jurisdiction and including, without limitation, those of the Michigan Public Service Commission.
H. 
The Grantee shall keep accurate, complete and current maps and records of its facilities. Subject to the Homeland Security Act[1] and other confidentiality protections under state and federal law, the Grantee shall furnish a copy of the maps and/or records of its facilities to the Grantee within two months of the effective date of this ordinance and upon reasonable request thereafter. To the extent permitted by law, the City will ensure that the confidentiality of any maps and records provided to the City is maintained.
[1]
Editor's Note: See 6 U.S.C. § 101 et seq.
The Grantee and its contractors and subcontractors shall use due care at all times in exercising the privileges herein. The Grantee shall hold harmless, defend and indemnify the City and its officers, agents, and employees from and against all costs, claims, damages, liabilities, expenses, and judgments of proceedings of whatever nature, including, without limitation, attorneys fees, arising from the Grantee's exercise of its rights pursuant to this ordinance (whether by the Grantee or the Grantee's contractors or subcontractors). However, the Grantee need not indemnify, defend, or hold harmless the City from claims, demands, losses, and expenses arising out of the negligence of the City, its employees or agents.
The rights, power and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder.
The 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 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 City, acting by its City Council, or by said Grantee.
The franchise herein granted shall be revocable at the will of the governing body of this City as provided in the Michigan Constitution.
The 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 the 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. The Grantee may assign the rights and obligations under this agreement as long as the Grantee provides prior written notice to the City 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.
The rights granted in this franchise shall continue in full force and effect for a period of 10 years from the effective date of this ordinance. The franchise rights, power and authority granted herein shall automatically be renewed for a ten-year term thereafter unless, within six months prior to the expiration of the first ten-year term, one party provides the other written notice of its intent not to renew the franchise for the upcoming ten-year term. The maximum length of this franchise shall be 30 years from its effective date. 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, with the City Clerk within 60 days after the enactment of this ordinance. This ordinance shall supersede the natural gas franchise granted to Michigan Gas Company on April 18, 1995.