RESOLUTION ADOPTING FRANCHISE WITH INDIANA AND MICHIGAN ELECTRIC COMPA - PDF document

RESOLUTION ADOPTING FRANCHISE WITH INDIANA AND MICHIGAN ELECTRIC COMPANY Thereupon Mollison, Iladsell & Mollison, as attorneys for the to the Township Board a proposed franchise and requested the Township Board to adopt a resolution approving and granting to the Indiana & Michigan Electric Company a franchise as requested by the said Company and to provide and conditions thereof J \t11 , \tsupported by I , moved the adoption of the following resolution: RESOLUTION ADOPTING FRANCHISE WHEREAS the Indiana & Michigan Electric Company, a corporation, has applied to the Township Board of the Township of Three Cake \t\t State of Michigan for a grant of a franchise by said Township to construct, maintain and operate in the streets, and appurtenances for the transmission and distribution of electric energy and to do a local business in said Township, NOW, THEREFORR, in pursuance of authority vested in the Township Board of the Township of Three Cake County of Berrien , State of Michigan, the said Board does hereby grant to the said Indiana & successors and assigns, a in said Township, which said grant and franchise shall be in yRANCHESE its successors and assigns, the right to acquire, construct, main-tain and operate in the streets, alleys and public places of the Township of _mulm___QakA , County of ANea \tm and the inhabitants thereof for light, heat, power, and other purposes and for the transmission of the same within, through or ___Three_Ctaka____, County of Her erg State of Michigan. the Township of County of _Berrien State of Michigan, and it is hereby ordained by authority of the same that: The Indiana & Michigan Electric Company, its successors, and assigns (hereinafter called "Grantee") are hereby granted the right, privilege, franchise and authority to acquire, construct, maintain and operate in, above, under, across and along the streets, thorough-fares, alleys, bridges and public places (as the same now exist or of ThreaSlak, County of _______Btrrfiml , State of Michigan, lines for the trans- mission and distribution of electric energy, either by means of overhead or underground conductors, with all the necessary or energy to said Township and the inhabitants thereof, and persons or corporations beyond the limits thereof, for light, heat, power or any other purposes or purpose for which electric energy is now or may hereafter be used, and the transmission of the same __ThreaDakt______, County of Berrien , State of Michigan, subject to such appurtenances shall be constructed so as to interfere as little as possible with the proper lawful use of the to such reasonable regulations as shall be prescribed by said Township Section III. 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 franchise. ) )/ f/Oi I:'1 adopted. .supported by The rights, privileges and franchise hereby granted shall not be construed to be exclusive and the Township Board of the Ciak.,_, County of _ BerrienState Michigan hereby reserves the power to grant similar rights, privileges and franchises to any other person or persons, firm liability arising in any way from negligence in the erection, main-tenance or operation of said lines for the distribution of electric 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 or the Grantee, it shall be deemed to include the respective successors or assigns, of either and all rights, privileges and or by or en 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. shall be accepted by the Grantee within sixty (60) days from the date of the adoption of this resolution. Section VIII. Upon a roll call being had all members voted in favor of said resolution. Supervisor declared the resolution approved and moved that the Clerk be d.i.rocted to cause a copy of the ordinance granting a franchise to the Indiana & Michigan Electric Company to adoption of such motion and it was thereupon declared to be carried. MOTION DIRECTING COPY OF PROCEEDINGS Member 04-414 4Arsg, thereupon moved that a copy of the resolution and franchise so adopted by the Township Board and of the proceedings Clerk to the Indiana & Michigan Electric Company and that said copy of such franchise and of the same be duly certified by the adoption of such resolution. Upon vote being taken, all members voted in favor of the such motion and it was thereupon declared to be carried. presented to the meeting the Indiana & Michigan Electric Company of the  granted to it by the said Township Board, file and made a part of the records of this meeting, in words and figures as follows: ACCEPTANCE OF GRANT To the Township Board of the Township Three Oaks county of Berrien State of Michigan: VOLT WILL PLEASE TAKE NOTICE That the Indiana & its successors and assigns, dons hereby accept in writing the franchise heretofore granted to it by the said Township Board on the 1974 . YOU WILL PLEASE FURTHER TAKE NOTICE That the Grantee hereby requests that the quostion of the confirmation of to be held on November 5, 1974. Dated this . , A.D. Respectully submitted, _R. Mollison Nadsell & Mollison, its Attorneys /Nr , supported by 41)/1 , moved the adoption of the following resolution: Three Oaks County of use the highways, streets, alleys and other public places electricity, to set poles, string wires, lay pipe or conduits and to operate and maintain the same and to trans-act a local business in such Township subject to such reasonable regulations as said Board shall prescribe from NOW, THEREFORM, BE IT RESOLVED What the act inn Of the Board in granting said franchise shall be submitted to a vote of the electors of the Township at the next regular election scheduled for November 5, 1974. and that the form of the ballot and of the question to he submitted shall be in substantially the following form: Shall the franchise granted by the Township Board of the Township of Threefiaks____ County of Berrien , State of Michigan to the Indiana 6( Michigan Electric Company for the transmission and distribution of elec-tricity, to set poles, string wires, lay pipe and conduits and to operate and maintain the same and to transact a local business in such Township, subject to such reasonable rules and regulations as said Township Board shall pre-scribe from time to time, be confirmed? ( ) ) Yes BE IT FURTHER RESOLVED That the Township Clerk give notice of such election and of the question to be voted voted yes. Thereupon the Supervisor declared said resolution adopted. STATE OF MTCHTGAN ) SS COUNTY OF BERRIEN ) in my official capacity County of :Three 3errlen, and State of Michigan, do hereby certify of the proceedings of a regular meeting of the Township Board of the Township of Three Oaks of Berrien and State of Michigan 19 74 . In Witness Whoreof, I have hereunto set my hand and the seal of said Township this 19 74 . (TOWNSHIP SEAL) STATE OF MICHIGAN ) , in my official capacity as Clerk of the Township of \t , County of LIerrioa , and State of Michigan, do hereby certify that the attached and foregoing is a true copy of an excerpt of the proceedings of a regular meeting of the Township Board of the Township of Three Oaks , County of Derrion and State of Michigan 19 74 . In Witness Whereof, I have hereunto set my hand and the seal of said Township this (TOWNSHIP SEAL) NOW, THEREFORE, BE IT RESOLVED That the action of the Board in granting said franchise shall be submitted to a the electors of the Township at the next regular election scheduled for November 5, 1074, and thaE the form OFFICIAL BALLOT Board of the Township of Throe Oaks , Berrien \tfor the transmission and distribution of elec-tricity, to set poles, string wires, lay pipe and conduits and to operate and maintain the some and to transact a local business in such Township, subject to such reasonable rules and 0 ) No notice of such election and of the question to be voted upon at said election by publication and by posting as On roll call being had, all members present, to-wit: ACCEPTANCE OF GRANT To the Township Board of the Township Three Oaks \tBerrien \tYOU WILL PLEASE TAKE NOTICE That the Indiana & Michigan Electric Company, a corporation for itself, its successors and assigns, does hereby accept in writing the franchise heretofore granted to it by the 1974 . YOU WILL PLEASE eURTHER TAKE NOTICE That the Grantee hereby requests that the question of the confirmation of the granting of ouch franchise be submitted to a vote of the electors of said Township at the next regular election to be hold on November &. 1974. Dated this , A.D. RespectZully submitted, Thereupon /V Andrew R. Mollison Andrew R. Mollison, one of the Haduoll Mollison, its Attorneys VV-!11- 01, A/F , siipported EP/A- ff , moved the adoption of the following resolution: FRANCHISE WHEREAS the Township Board of the Township of Three Oaks , County of Berri** , State of Michigan, 19 grant use the highways, streets, alleys and other public places the Township for the transmission and distribution of electricity, to set poles, string wires, lay pipe or conduits and to operate and maintain the same and to trans-act a local business in such Township subject to such reasonable regulations as said Board shall prescribe from