General Ordinances - City of New Buffalo

CITY OF NEW BUFFALO
CODE OF ORDINANCES
Section 20-28. Grant of franchise.
ARTICLE III. NATURAL GAS
Permission is hereby granted to Michigan Gas Company, a Michigan corporation, and to its successors and assigns,
to construct, operate, and maintain in the public streets, highways, alleys, and other public places in the City, all
needed and proper natural gas pipes, mains, conductors, service pipes, and other apparatus and facilities requisite for
the manufacture, transmission, and distribution of natural gas for all purposes to the City, and the inhabitants
thereof, and for conducting natural gas elsewhere to supply neighboring cities, villages, and other territories supplied
with natural gas by said grantee, subject, however, to all applicable Sections of this Code or any other ordinance of
the City presently and hereafter in force.
Section 20-29. Conditions.
The conditions of the foregoing grant are as follows:
(1) Said pipes, mains, services, and appurtenances shall be constructed so as to interfere as little as possible
with the proper lawful use of the streets, alleys, and public places. The location of all pipes, mains,
services, and appurtenances shall be subject to such reasonable regulations as shall be prescribed from time
to time by said City. All of said mains, pipes, conductors, and other appurtenances and devices shall be
laid, maintained, repaired, or renewed by the company in accordance with the standard rules of the
Michigan Public Service Commission for the maintenance, construction, and operation of natural gas
plants, transmission, and distribution systems and the company herein shall, upon request, subject to the
rules and regulations of the company, as approved by the said Michigan Public Service Commission,
connect all service pipes of consumers and prospective consumers with the mains and pipes of the company
in all avenues, streets, and alleys where any of such mains or pipes are laid or to which they are or may be
extended.
(2) Whenever the company shall begin the erection of any pipes, mains, services, and appurtenances or
equipment, it shall promptly and diligently prosecute the work to completion and leave the streets, alleys,
and public places where such work is done in as good condition of repair as before such work was
commenced. If the Company shall fail to complete such restoration within thirty (30) days after the
completion of the erection of any pipe, main, service, appurtenance, or equipment to the reasonable
satisfaction of the City, then the City may, at its option, cause such restoration to be done and the company
shall, in such event, pay to the City the cost thereof in the itemized report to the company. Should the
company elect to move a pipe or main because of street construction or the placement of municipal utilities,
the company shall move the pipe or main at its sole expense, provided, however, if the pipe or main is
located at its proper location in the right-of-way as specified by the applicable City, County, and local
standards and a municipal engineer certifies, in the exercise of reasonable engineering judgment, that it is
necessary that such main or pipe be moved for such construction or placement of utilities to proceed, then
such main or pipe shall be moved at the expense of the company or its third-party contractor. In the event
that such moving expenses shall be borne, in whole or in part by public funds, then the company's share in
such expense shall be diminished by the amount.
(3) The company herein shall save and keep the City harmless from any and all claims for damages to persons
or property by reason of the construction, maintenance, and operation of said plant and system and the use
of the streets, avenues, alleys, and public places by the company in the City including attorney fees and
expenses expended in connection therewith, and shall reimburse the City for its reasonable cost or expense
for repairing any and all depressions or defects which may exist or develop in that portion or portions of the
streets, avenues, alleys, or public places over any tunnel or excavation, provided that said City shall first
have notified the company of such depressions or defects and the company shall have failed to repair the
same for the period of ten (10) days after such notice.
Chapter 20- UTILITY FRANCHISES 20-18