BARODA TOWNSHIP – AEP ORDINANCE

ORDINANCE NO.18-01 An Ordinance granting a revocable franchise to Indiana Michigan Power Company, its successors and assigns, for the right to acquire, construct, maintain, and operate in the streets, thoroughfares, alleys, bridges, and public places of the Township of Baroda, Berrien County, State of Michigan, and its successors, lines and appurtenant equipment for the transmission and distribution of electric energy to the Township of Baroda, and the inhabitants thereof, and for the transmission and distribution of the same within, through, or across said Township of Baroda, Berrien County, State of Michigan. The Township of Baroda, Berrien County, State of Michigan, ordains: SECTIONI. Indiana Michigan Power Company, its successors and assigns (hereinafter called “Grantee”) is hereby granted the right, privilege, franchise, and authority to acquire, construct, maintain, and operate in, above, under, across, and along the streets, thoroughfares, alleys, bridges, and public places (as the same now exist or may hereafter be laid out) of the Township of Baroda, Berrien County, State of  Michigan, lines for the transmission and distribution of electric energy, either by means  of overhead or underground conductors, with all the necessary or desirable appurtenant equipment (the “Facilities”), to render public utility service in said Township and to the inhabitants thereof by supplying electric energy to said Township and the inhabitants thereof, and persons or corporations beyond the limits thereof for all purposes for which electric energy is now or may hereafter be used, and the transmission  and distribution of the same within, through, or across said Township of Baroda, State of Michigan, subject to such reasonable regulation of the placement and operation of the Facilities as the Township Board shall prescribe from time to time and as is permitted under applicable state law. SECTIONII. Said Facilities shall be constructed in a manner that shall not unreasonably interfere with the traveling public in its use of the streets, thoroughfares, alleys, bridges, and public places. SECTIONIll. The rights, privileges, and franchise hereby granted shall be in force  and effect for a period of thirty (30) years from the date of the passage of this Ordinance, but revocable at the will of the Township Board unless approved by vote of the electors. The rights, privileges, and franchise hereby granted shall not be construed to be exclusive and the Board of the Township of Baroda hereby reserves the power to grant similar rights, privileges, and franchises to any other person or persons, firm or firms, corporation or corporations. SECTIONIV. Said Grantee shall save the Township harmless from any and all liability arising in any way from Grantee’s negligence in the erection, maintenance, or operation of said Facilities, except to the extent arising out of the Township’s negligence or willful misconduct. SECTIONV. Whenever said Grantee shall begin the erection or installation of any lines or equipment, it shall promptly and diligently prosecute the work to completion and leave the streets, thoroughfares, alleys, bridges, and public places where such work is done in as good condition of repair as before such work was commenced. SECTIONVI. Wherever in this Ordinance, reference is made to the Township or the Grantee, it shall be deemed to include the respective successors or assigns of either; and all rights, privileges, franchises, and obligations herein contained by or on behalf of said Township, or by or on behalf of said Grantee, shall be binding upon, and inure to the benefit of the respective successors or assigns of said Township, or of said Grantee, whether so expressed or not. SECTIONVII. This Ordinance shall be accepted by the Grantee within sixty (60) days from the date of the passage of same. SECTIONVIII. This franchise shall take effect after its adoption, acceptance and publication as required by law. Dated this 20th day of August, 2018 Township of Baroda, County of Berrien, State of Michigan.