[HISTORY: Adopted by the Village Board of the Village of Siren 4-4-1968 (Title 5, Ch. 2 of the 1988 Code). Amendments noted where applicable.]
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, gas system, or both, and to import, transport, sell and distribute gas, whether natural, manufactured, mixed or propane, within the Village of Siren 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 Siren; 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 franchise shall be void if the company shall not have commenced to provide service within a three-year period after the acceptance date. If the company does not commence the construction of its natural gas distribution system and facilities required to introduce natural gas into the Village of Siren within six months of the date when natural gas is delivered by pipeline to the Village gate delivery point near the Village limits of said Siren for sale and distribution within the Village or within six months of the time gas is available by a wholesale supplier, whichever is sooner, then said Village shall have the option to terminate and cancel this franchise by giving the company, its successors and assigns at least 90 days' written notice of its election to do so, such notice to the company to be sent to Independence, Wisconsin. The grant of authority herein shall not be transferred or assigned by the company without the express written consent thereto of the Village of Siren.
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, and public ways and places in the Village of Siren 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 Siren or its designated committee to coordinate the best interests of the Village and the company.
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 Siren, replace and restore to a condition as good as that before such disturbance any such disturbed pavement, driveway, sidewalk, street, alley or other surfacing.
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, 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 and 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 Village that the company shall save the Village 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 Siren. The Village of Siren shall notify the company's representative within 15 days after the presentation of any claim or demand, either by suit or otherwise, made against the Village of Siren on account of any negligence as aforesaid on the part of the company.
Nothing contained herein shall be construed as an assumption by the Village of any liability to the company or to any member of the public, whether a consumer of the company or not, for any damages which he may sustain, and said company does hereby agree to save, hold harmless, defend and indemnify the Village from any and all claims which may be made against it arising in any way out of the operation of said utility.
The company, its successors and assigns shall, if they accept this franchise chapter and the rights hereby granted, file a written acceptance of this franchise with the Village of Siren within 60 days from the adoption date of this chapter (April 4, 1968).