Village of Bellevue, MI
Eaton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Bellevue 9-25-2012 by Ord. No. 2012-002. Amendments noted where applicable.]
The Village of Bellevue, Eaton County, Michigan, hereby grants to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter called the "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 Village of Bellevue, Eaton County, Michigan, for a period of 30 years.
In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof.
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. Said Grantee shall use due care in exercising the privileges described herein and shall be liable to the Village for all damages and costs which may be recovered against the Village arising from the negligence of the Grantee, its officers, agents, and servants; provided, however, that the foregoing obligation shall not apply to any loss, cost, damage or claims arising solely out of the negligence of the Village, its employees or its contractors. Furthermore, in the event that any loss, cost, damage or claims arise out of the joint negligence of the Village, its employees or its contractors, the obligation to defend, indemnify and hold harmless shall not apply to the proportional extent of the negligence of the Village, its employees or its contractors.
Said Grantee shall use due care in exercising the privileges in this Ordinance and, at its sole cost and expense, shall defend, indemnify and hold harmless the Village, and its employees and agents, from any liability which may be imposed upon or incurred by the indemnitee(s), for all damages and costs arising from the negligence of the Grantee or any of its officers, agents, and servants that may arise out of, or be in any way connected with, the operation and maintenance or condition of the Grantee's infrastructure and other necessary equipment within the Village's rights-of-way, or the Grantee's failure to comply with any federal or state statute, regulation or rule, or any provision of this Ordinance; provided, however, that the foregoing obligation to defend, indemnify and hold harmless shall not apply to any loss, cost, damage or claims arising solely out of the negligence of the Village, its employees or its contractors. Furthermore, in the event that any loss, cost, damage or claims arise out of the joint negligence of the Village, its employees or its contractors, this hold harmless agreement shall not apply to the proportional extent of the negligence of the Village, its employees or its contractors.
Said Grantee shall construct and extend its gas distribution system within said Village and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations.
The rights, power and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder.
Said Grantee shall be entitled to charge the inhabitants of said Village 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 Village, 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 Village, acting by its Village Council, or by said Grantee.
The franchise granted by this ordinance is subject to revocation upon 60 days' written notice by the party desiring such revocation.
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 Village.
This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of a gas ordinance adopted by the Village Council on August 30, 1982, 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 VILLAGE OF BELLEVUE, EATON COUNTY, MICHIGAN, for a period of 30 years," and amendments, if any, to such ordinance whereby a gas franchise was granted to Consumers Energy Company.
This ordinance 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 Village Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said Village and said Grantee.