[Adopted 5-12-1988 by Ord. No. 198]
Permission is hereby granted to Southeastern
Michigan Gas Company, a Michigan corporation, and to its successors
and assigns, to construct, operate and maintain in the public streets,
highways, alleys and other public places in the Village of New Haven,
Macomb County, 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 Village of New Haven, and the inhabitants thereof,
and for conducting gas elsewhere to supply neighboring cities, villages
and other territories supplied with gas by said grantee, subject,
however, to all conditions and restrictions hereinafter contained.
The conditions of the foregoing grant are as
follows:
A.
The grantee shall do no injury to any street, highway,
alley or other public place, or to any shade tree, or in any manner
disturb or interfere with any water transmission and distribution
lines or with any public or private sewer now or hereafter laid or
constructed by any authorized person or corporation.
B.
All construction work done under this grant shall
be under the supervision of the designated representative of the grantor
and shall be subject to inspection and approval by the designated
representative of the Village of New Haven as to location within the
right-of-way. The grantee shall pay cost of such inspection and approval.
C.
The grantee, before entering upon any street, alley,
easements for public utility purposes or other public place to install
pipes, mains, or other apparatus, shall notify the Village of New
Haven or its designated representative of the proposed construction
and shall, if the Village so requires, file with the Village a sufficient
plan or map and shall obtain the representative's approval thereof
before beginning construction.
D.
No street, alley, highway or public place shall be
allowed to remain obstructed or encumbered by the construction work
of said grantee for a longer period than shall be reasonably necessary
to execute said work, and the grantee shall, at all times, conform
to all applicable ordinances and regulations of the Village now or
hereafter in force.
E.
The grantee shall indemnify, hold the Village harmless
and defend it against any claim, action or demand that may be asserted
against the Village by reason of wrongdoing or negligence of the grantee
in the construction or maintenance of its gas mains, pipes or other
apparatus, or any claim or actionable consequence resulting from this
nonexclusive grant of franchise.
The rules and regulations applicable to the
service, the quality of the gas furnished, and the rates charged therefor
by the grantee herein, its successors and assigns, shall be as fixed
from time to time by the Michigan Public Service Commission or other
such state authority as shall have jurisdiction of the subject matter;
reserving, however, the right of the Village to object thereto.
Nothing in this grant shall be construed to
alienate the title of the public in and to any street, highway, alley
or public place, or any portion thereof, neither shall anything herein
be construed in any manner as a surrender by the Village of New Haven
of its legislative power with respect to the subject matter hereof,
or with respect to any other matter whatsoever, nor as in any manner
limiting the right of said Village of New Haven to regulate the use
of any street, avenue, highway or public place within its jurisdiction.
The grantee shall not assign this franchise
to any person, firm or corporation without the prior approval of the
Village Council and unless the assignee is, in the opinion of the
management of Southeastern Michigan Gas Company, financially able
to carry out the grantee's obligations under this franchise and is
authorized by the Michigan Public Service Commission or such other
state authority as shall then have jurisdiction of the subject matter
so to do.
This ordinance shall take effect upon its publication
and the filing of grantee's written acceptance with the Village Clerk
and shall remain in effect for a period of 30 years following its
confirmation by a 3/5 majority of the electors of the Village of New
Haven voting thereon.
