[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 5, Ch. 1 of the 1986 Code. Amendments noted where applicable.]
There is hereby granted to Midwest Natural Gas, Inc.,[1] a Wisconsin corporation, its successors and assigns, hereinafter
referred to as the "company," the right and privilege to acquire, erect, construct,
operate and maintain a gas plant, gas system, or both, and to import, transport,
sell and distribute gas, whether natural, manufactured, mixed or propane,
within the Village of Webster and for these purposes to establish the necessary
facilities and equipment and to lay and maintain gas mains, service pipes
and any other appurtenances necessary to the sale and distribution of gas
in and along the streets, alleys and other public ways and places of the Village
of Webster; provided, however, that nothing herein shall prevent or limit
any person from importing, transporting, selling or distributing liquid petroleum
or liquid propane gas within said village. This ordinance shall be void if
the company shall not have commenced to provide service within a three-year
period after acceptance date.
[1]
Editor's Note: Now Wisconsin Gas, Inc.
A.Â
Use. All pipes, mains and other natural, artificial or
mixed gas equipment and apparatus laid or placed by the company shall be so
located in the streets, alleys, public ways and places in the Village of Webster
as not to obstruct or interfere with any water pipes, sewers, drains or other
structures. The company shall, when practicable, avoid interfering with the
use of any street, alley or other highway where the paving or surface of such
street, alley or other highway would be disturbed. Proposed location of all
pipes and mains shall be submitted to the Village Board of the Village of
Webster or its designated committee, to coordinate the best interests of the
village and the company.
B.Â
Restoration. If the company shall disturb any pavement,
sidewalk, street, alley, driveway or other surfacing, then in such event the
company shall, at its own cost and expense and in a manner approved by the
Village of Webster, replace and restore to a condition as good as that before
such disturbance any such disturbed pavement, driveway, sidewalk, street,
alley or other surfacing.
C.Â
Relocation. In the event that at any time during the
period of this franchise the village shall lawfully elect to alter or change
the grade of any street, alley or other public place or way, the company,
upon reasonable notice by the village, shall remove, re-lay and relocate,
at its own expense, the company's pipes, mains and other gas fixtures.
The company shall render efficient service and charge fair and reasonable
rates in accordance with the rules and regulations of the Public Service Commission
of Wisconsin.
The company shall have the power and authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as
shall be reasonably necessary to enable the company to exercise its rights
and to perform its obligations under this franchise in accordance with the
rules and regulations of the Public Service Commission of Wisconsin.
A.Â
It is expressly understood and agreed by and between
the company and the village that the company shall save the Village of Webster
harmless from any suit, judgment, execution, claim or demand whatsoever resulting
from any negligence on the part of the company in the construction, operation
or maintenance of its gas system in the Village of Webster.
B.Â
The Village of Webster shall notify the company's
representatives within five days after the presentation of any claim or demand,
either by suit or otherwise, made against the Village of Webster on account
of any negligence as aforesaid on the part of the company.
