[HISTORY: Adopted by Board of Trustees of the Charter Township of
Northville 7-11-1991 as Ch. 60 of the Code of Ordinances.
Amendments noted where applicable.]
The Township hereby grants to the Consumers Power Company, a Michigan
Corporation, its successors and assigns, hereinafter call the "grantee," the
right, power and authority to lay, maintain and operate gas mains, pipes and
services on, along, across and under the highways, streets, alleys, bridges
and other public places and to do a local gas business in the Township for
a period of 30 years.
In consideration of the rights, power and authority hereby granted,
all of which shall vest in the grantee for a period of 30 years as aforesaid,
said grantee shall faithfully perform all things required by the terms hereof.
No highway, street, alley, bridge, or other public place used by said
grantee shall be obstructed longer than necessary during the work of construction
or repair and shall be restored to the same order and condition as when said
work was commenced. All of the 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.
Said grantee shall at all times keep and save the Township free and
harmless from all loss, costs and expense to which it may be subject by reason
of the negligent construction and maintenance of the structures and equipment
hereby authorized. In case any action is commenced against the Township on
account of the permission herein given, said grantee shall, upon notice, defend
the Township and save it free and harmless from all loss, cost damage arising
out of such negligent construction and maintenance.
The rights, power and authority herein granted are not exclusive and
either manufactured or natural gas may be furnished hereunder.
Said grantee shall from time to time extend its gas distribution system
to and within said Township shall furnish gas to applicants residing therein
whenever the amount of gas to be furnished thereby shall provide an adequate
and reasonable return upon the cost of making such extensions and providing
such service.
Said grantee shall be entitled to charge the inhabitants of said Township
for gas furnished therein the rates, including minimum charges, as approved
by the Michigan Public Services Commission, to which Commission or its successors
authority and jurisdiction to fix and regulate gas rates and rules regulating
such service in said Township are hereby granted for the term of this franchise.
Such rates and rules shall be subject to review and change at any time upon
petition therefor being made by either said Township, action or by its Township
Board or by said grantee.
