[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:
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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.
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[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.
