City of Corunna, MI
Shiawassee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 3-16-2015 by Ord. No. 15-01]
The City of Corunna, Shiawassee County, Michigan, hereby grants to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter called "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, waterways, and other public places, and to do a local gas business in the City of Corunna, Shiawassee County, Michigan, hereinafter called "city," for a period of 30 years.
[Amended 3-16-2015 by Ord. No. 15-01]
In consideration of the rights, power and authority hereby granted, said grantee shall faithfully perform all things required by the terms hereof.
[Amended 3-16-2015 by Ord. No. 15-01]
No highway, street, alley, bridge, waterway 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.
[Amended 3-16-2015 by Ord. No. 15-01]
Said grantee shall at all times keep and save the City 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 City on account of the permission herein given, said grantee shall, upon notice, defend the City and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance.
[Amended 3-16-2015 by Ord. No. 15-01]
Said grantee shall construct and extend its gas distribution system within said City and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations.
[Amended 3-16-2015 by Ord. No. 15-01]
The rights, power and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder.
[Amended 3-16-2015 by Ord. No. 15-01]
Said grantee shall be entitled to charge the inhabitants of said City 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 City, 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 therefor being made by either said City, acting by its City Council, or by said grantee.
[Amended 3-16-2015 by Ord. No. 15-01]
The franchise granted by this article is subject to revocation upon 60 days written notice by the party desiring such revocation.
[Amended 3-16-2015 by Ord. No. 15-01]
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 City.
[Amended 3-16-2015 by Ord. No. 15-01]
The ordinance from which this chapter is derived, when accepted and published as herein provided, shall repeal and supersede the provisions of a gas ordinance adopted by the City Council on May 20, 1985 entitled:
AN ORDINANCE, granting 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 CITY OF CORUNNA, SHIAWASSEE COUNTY, MICHIGAN. and amendments, if any, to such ordinance whereby a gas franchise was granted to Consumers Energy Company.
[Amended 3-16-2015 by Ord. No. 15-01]
Grantee shall not assign this franchise to any other person, firm or corporation without the prior written approval of the City. The City shall not unreasonably withhold its consent to an assignment if the assignee is financially able to carry out grantee's obligation under this franchise. This assignment of this franchise to a subsidiary, division or affiliated corporation of grantee or its parent corporation shall not be considered an assignment requiring the consent of City.
[Amended 3-16-2015 by Ord. No. 15-01]
During the term of this franchise, grantee shall comply with all applicable City Charter provisions and ordinances, provided, however, that nothing herein shall be construed as a waiver by grantee of any of its existing or future rights under state or federal law.
[Amended 3-16-2015 by Ord. No. 15-01]
The ordinance from which this chapter is derived 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 City Clerk. Upon acceptance and publication hereof, the ordinance from which this chapter is derived shall constitute a contract between said City and said grantee.