[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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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).
