[HISTORY: Adopted by the City Council of the City of Grand Ledge 3-27-2006 by Ord. No. 510. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. A226, Gas Franchise, adopted 12-22-1975 by Ord. No. 247.
The City of Grand Ledge, Eaton County, Michigan, hereby grants to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter called 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, waterways and other public places, and to do a local gas business in the City of Grand Ledge, Eaton County, Michigan, for period of 30 years.
In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof.
No highway, street, alley, bridge, waterway 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 said 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 City 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 City on account of the permission herein given, said Grantee shall, upon notice, defend the City and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance.
Said Grantee shall construct and extend its gas distribution system within said City and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations.
The rights, power and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder.
Said Grantee shall be entitled to charge the inhabitants of said City for gas furnished therein the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to fix and regulate gas rates and rules regulating such service in said City 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 City, acting by its City Council, or by said Grantee.
The franchise granted by this chapter is subject to revocation upon 60 days' written notice by the party desiring such revocation.
Said 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 said City.