[HISTORY: Adopted by the Township Board of the Township of Denton 7-6-1994 by Ord. No. 55. Amendments noted where applicable.]
Subject to all the terms and conditions mentioned in this chapter, consent is hereby given to Michigan Consolidated Gas Company, a corporation organized under the laws of the State of Michigan (the "company"), and to its successors and assigns, to lay, maintain, operate, and use gas pipes, mains, conductors, service pipes, and other necessary equipment in the highways, streets, alleys, and other public places in the Township of Denton, Roscommon County, Michigan, and a franchise is hereby granted to the company, its successors and assigns, to transact local business in said Township of Denton for the purposes of conveying gas into and through and supplying and selling gas in said Township of Denton and all other matters incidental thereto.
If the provisions and conditions herein contained are accepted by the company, as in § A340-6 hereof provided, then the company shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations; and provided further that such initial installation and any extensions shall be subject to the Main Extension provisions, the Area Expansion Program provisions (if and where applicable), and other applicable provisions now or from time to time hereafter contained in the company's Rules and Regulations for Gas Service as filed with the Michigan Public Service Commission or successor agency having similar jurisdiction.
The company, its successors and assigns, shall not unnecessarily obstruct the passage of any of the highways, streets, alleys, or other public places within said Township of Denton and shall within a reasonable time after making an opening or excavation, repair the same and leave it in as good condition as before the opening or excavation was made. The company, its successors and assigns, shall use due care in exercising the privileges herein contained and shall be liable to said Township of Denton for all damages and costs which may be recovered against the Township of Denton arising from the default, carelessness, or negligence of the company or its officers, agents, and servants.
No road, street, alley, or highway shall be opened for the laying of trunk lines or lateral mains except upon application to the Highway Commissioner or the Township of Denton or other authority having jurisdiction in the premises, stating the nature of the proposed work and the route. Upon receipt of such application, it shall be the duty of the Highway Commissioners or the Township Board, or such other authority as may have jurisdiction, to issue a permit to the company to do the work proposed.
The company is now under the jurisdiction of the Michigan Public Service Commission to the extent provided by statute; and the rates to be charged for gas, and the standards and conditions of service and operation hereunder, shall be the same as set forth in the company's schedule of rules, regulations, and rates as applicable in the several cities, villages, and townships in which the company is now rendering gas service, or as shall hereafter be validly prescribed for the Township of Denton under the orders, rules, and regulations of the Michigan Public Service Commission or other authority having jurisdiction in the premises.
The words "Michigan Consolidated Gas Company" and "the company," wherever used herein, are intended and shall be held and construed to mean and include both Michigan Consolidated Gas Company and its successors and assigns, whether so expressed or not.
This ordinance shall take effect the day following the date of publication thereof, which publication shall be made within 30 days after the date of its adoption, and shall continue in effect for a period of 30 years thereafter, subject to revocation at the will of the Township of Denton at any time during said thirty-year period; provided, however, that when this ordinance shall become effective the Township Clerk shall deliver to the company a certified copy of the ordinance accompanied by written evidence of publication and recording thereof as required by law, and the company shall, 60 days after receipt of the above documents, file with the Township Clerk its written acceptance of the conditions and provisions hereof.