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41 - CONSUMERS POWER CO GAS FRANCHISE

VILLAGE OF FAIRGROVE
 
TUSCOLA COUNTY, MICHIGAN
 
ORDINANCE NO. 41
 
CONSUMERS POWER CO GAS FRANCHISE
 
 
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 FAIRGROVE, TUSCOLA COUNTY, MICHIGAN, for a period of thirty years.
 
THE VILLAGE OF FAIRGROVE ORDAINS:
 
Section 1. GRANT TERM.
 
The Village of Fairgrove, Tuscola County, Michigan, hereby grants to the Consumers Power 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 and other public places, and to do a local gas business in the Village of Fairgrove, Tuscola County, Michigan for a period of thirty years.
 
Section 2. CONSIDERATION.
 
In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof
 
Section 3. CONDITIONS. 
 
No highway, street, alley, bridge 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 commence. 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.
 
Section 4. HOLD HARMLESS.
 
Said Grantee shall at all times keep and save the Village 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 Village on account of the permission herein given, said Grantee shall, upon notice, defend the Village and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance.
 
Section 5. EXTENSIONS.
 
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.
 
 
 
 
 
Section 6. FRANCHISE NOT EXCLUSIVE.
 
The rights, power and authority herein granted, are not exclusive. Either manufactured or natural gas may be furnishes hereunder.
 
Section 7. RATES.
 
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 therefore being made by either said Village, acting by its Village Council, or by said Grantee.
 
Section 8. REVOCATION.
 
The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by the party desiring such revocation.
 
Section 9. MICHIGAN PUBLIC SERVICE COMMISSION, JURISDICTION.
 
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.
 
Section 10. REPEALER.
 
This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of a gas ordinance by the village council on March 19, 1963 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 FAIRGROVE,
            TUSCOLA COUNTY, MICHIGAN, for a period of thirty years.
 
and amendments, if any, to such ordinance whereby a gas franchise was granted to Consumers Power Company.
 
Section 11. EFFECTIVE DATE.
 
This ordinance shall take effect upon the date after publication, provided however, it shall cease and be of no effect after thirty 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.
 
We hereby certify that the foregoing ordinance was duly enacted by the Village Council of the Village of Fairgrove, Tuscola County, Michigan, on the 5th day of April 1993.
 
 
                                                                                    __________________________________
                                                                                    RAYMOND CRAGG, PRESIDENT
 
_________________________________
ANN MARIE BALL, CLERK

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