[HISTORY: Adopted by the Town Board of the Town of St. Joseph as
indicated in article histories. Amendments noted where applicable.]
[Adopted 2-14-1991]
There is hereby granted to Midwest Natural Gas, Inc., 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 or gas system, or both, to import, transport, sell and distribute gas,
whether natural, manufactured or mixed, within the Township of St. Joseph
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 Township of St. Joseph; 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 township. This franchise shall be void and shall expire if the
company shall not have obtained from the Public Service Commission of Wisconsin
within five years from the date of publication of this ordinance a certificate
authorizing it to transact such public utility business and to construct and
operate the above-described gas distribution in said Township of St. Joseph.
A.Â
Use. All pipes, mains and other natural, artificial or
mixed gas equipment and apparatus laid or placed by the company shall be located
in the streets, alleys, public ways and places in the Township of St. Joseph
so 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.
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
Township of St. Joseph, replace and restore to a condition as good as that
before such disturbance any such disturbed pavement, sidewalk, street, alley,
driveway or other surfacing.
C.Â
Relocation. In the event that at any time during the
period of this franchise the township 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 township, shall remove, relay 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.
It is expressly understood and agreed by and between the company and
the Township of St. Joseph that the company shall save the Township of St.
Joseph harmless from any suit, judgment, claim, execution or demand whatsoever
resulting from negligence on the part of the company in the construction,
operation or maintenance of its gas system in the Township of St. Joseph.
The Township of St. Joseph shall notify the company's representative
within five days after the presentation of any claim or demand, either by
suit or otherwise, made against the Township of St. Joseph on account of any
negligence as aforesaid on the part of the company.
The company, its successors and assigns shall, if it accepts this ordinance
and the rights hereby granted, file a written acceptance of the ordinance
with the Township of St. Joseph within 60 days from the date of posting of
this ordinance.
This ordinance shall be in full force and effect from and after its
passage and posting as provided by law.
[Adopted 3-14-1991]
The Town of St. Joseph, St. Croix County, Wisconsin, does hereby grant
to Wisconsin Gas Company (herein called the "company"), a corporation organized
and existing under the laws of the State of Wisconsin, its successors and
assigns, upon the conditions hereinafter set forth, the right, authority and
permission to construct, maintain, operate, enlarge and repair in the Town
of St. Joseph a system for the furnishing and distribution of natural gas
and natural gaseous fuels and to use the highways, roads, streets, alleys,
lanes, boulevards, parks, public ways, public grounds and bridges in said
town for constructing, maintaining, operating, enlarging and repairing its
transmission and distribution pipelines with all the necessary, usual or convenient
manholes, valves, passageways and appurtenances for the purpose of supplying
and selling natural gases and natural gaseous fuels to said town and its residents
and to any building, structure, factory, processing plant, industry or public
or private house or any gas user therein.
This franchise is granted subject to the restrictions and conditions
contained in applicable sections of the Wisconsin statutes and further subject
to such rules and regulations as the Town Board of said Town of St. Joseph
may from time to time prescribe.
This franchise shall be void and shall expire if the company shall not
have obtained from the Public Service Commission of Wisconsin within three
years from the date of publication of this ordinance a certificate authorizing
it to transact such public utility business and to construct and operate the
above-described gas distribution system in said Town of St. Joseph.
