[HISTORY: Adopted by the Township Board of the Township of Putnam 10-20-1993 by Ord. No. 26 (Ch. 15 of the 2004 Township Code). Amendments noted where applicable.]
This ordinance grants to Consumers Power Company, its successors and assigns, 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 of Putnam, Livingston County, Michigan, for a period of 30 years.
The Township of Putnam. Livingston County, Michigan, hereby grants to the Consumers Power 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 and other public places, and to do a local gas business in the Township of Putnam, Livingston County, Michigan for a 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, 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 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, and damage arising out of such negligent construction and maintenance.
Said grantee shall construct and extend its gas distribution system within said Township, 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 Township 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 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 therefore being made by either said Township, acting by its Township Board, or by said grantee.
The franchise granted by this ordinance 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 Township.
This ordinance shall take effect upon the day after the date of publication thereof; provided, however, it shall cease and be of no effect after 30 days from its adoption unless within said period the grantee shall accept the same in writing filed with the Township Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said Township and said grantee.