[HISTORY: Adopted by the Township Board of the Township of
Grosse Ile 5-9-1994 by Ord. No. 206. Amendments noted where applicable.]
Subject to all the terms and conditions mentioned in this ordinance,
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 Grosse Ile, Wayne County, Michigan, and a franchise
is hereby granted to the company, its successors and assigns, to transact
local business in said Township of Grosse Ile for the purposes of
conveying gas into and through and supplying and selling gas in said
Township of Grosse Ile and all other matters incidental thereto.
If the provisions and conditions herein contained are accepted by the company, as in § A291-6 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.
A.
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 Grosse Ile 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 Grosse Ile for all damages and costs which may
be recovered against the Township of Grosse Ile arising from the default,
carelessness, or negligence of the company or its officers, agents,
and servants.
B.
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 Grosse Ile 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 Grosse Ile 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 Grosse Ile 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 the
date this ordinance takes effect, file with the Township Clerk its
written acceptance of the conditions and provisions hereof.
All ordinances and resolutions, and parts thereof, which conflict
with any of the terms of this ordinance are hereby rescinded. In the
case of conflict between this ordinance and any such ordinances or
resolutions, this ordinance shall control. The catch line headings
which precede each section of this ordinance are for convenience in
reference only and shall not be taken into consideration in the construction
or interpretation of any of the provisions of this ordinance.
