[HISTORY: Adopted by the City Commission of the City of Lapeer
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 16, Sec. 16.02, of the 1978 General Ordinances;
amended in its entirety 9-17-2018]
The City of Lapeer, Lapeer County, Michigan, hereby grants to
Consumers Energy Company, its successors and assigns, hereinafter
called "consumers," the right and authority to lay, maintain and commercially
operate gas lines and facilities, including but not limited to mains,
pipes, services and valves on, under, along, and across public places,
including but not limited to highways, streets, alleys, bridges, and
waterways, and to conduct a local gas business in the City of Lapeer,
Lapeer County, Michigan, for a period of 30 years.
No highway, street, alley, bridge, or public place used by consumers
shall be obstructed longer than necessary during construction or repair,
and shall be restored to the same order and condition as when work
was commenced. All of consumers' gas lines and related facilities
shall be placed as not to unnecessarily interfere with the public's
use of highway, street, alley, bridge, or public places, for the use
thereof for vehicular or pedestrian purposes. Consumers shall have
the right to trim or remove trees if necessary in the conducting of
such business.
Consumers shall save the City and its officers, employees or
agents 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 lines and related facilities hereby authorized. In case any
action is commenced against the City and/or its officers, employees
or agents on account of the permission herein given, consumers shall,
upon notice, defend the City and its officers, employees or agents
and hold them harmless from all loss, costs and damage arising out
of such negligent construction, maintenance or operation.
Consumers shall construct and extend its gas distribution system
within said City, and shall furnish gas service to applicants residing
therein in accordance with applicable laws, rules and regulations.
The rights, power and authority herein granted are not exclusive.
Consumers shall be entitled to provide gas service to the inhabitants
of the City at the rates and pursuant to the conditions as approved
by the Michigan Public Service Commission. Such rates and conditions
shall be subject to review and change upon petition to the Michigan
Public Service Commission.
The franchise granted by this article is subject to revocation
upon 60 days' written notice by either party. Upon revocation, this
article shall be considered repealed and of no effect past, present
or future.
Consumers remains subject to the reasonable rules and regulations
of the Michigan Public Service Commission applicable to gas service
in the City and those rules and regulations preempt any term of any
ordinance of the City to the contrary.
This article, when enacted, shall repeal and supersede the provisions
of any previous gas franchise ordinance adopted by the City including
any amendments.
This article shall take effect upon 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 City Clerk. Upon acceptance and publication
hereof, this article shall constitute a contract between the City
and Consumers.
[Adopted 11-7-1966; amended
in its entirety 4-8-1997 (Ch. 16, Sec. 16.01, of the 1978 General Ordinances)]
Permission is hereby granted to the Detroit Edison Company,
a Michigan corporation, its successors and assigns, to construct,
maintain and operate in the public streets, highways, alleys and other
public places in the City of Lapeer, Lapeer County, Michigan, all
needful and proper poles, towers, wires, pipes, mains, conduits and
all such lines and other apparatus requisite for the transmission,
transforming and distribution of electricity for public and private
use, and to transact a local electric business within said City; subject,
however, to all conditions and restrictions hereinafter contained.
The conditions of the foregoing grant are as follows:
A. The grantee shall do no injury to any street, highway, alley or other
public place, or to any shade trees, or in any manner disturb or interfere
with any water or gas pipes, or with any public or private sewer,
now or hereafter laid or constructed by any authorized person or corporation.
B. To ensure the reliability of service and the safety of the general
public, line clearance of trees shall be done in compliance with all
existing governmental laws, ordinances, rules and regulations.
C. The construction of the said lines shall be in accordance with the
rules and regulations of the Michigan Public Service Commission or
its successor.
D. The said grantee, before entering upon any street, highway, alley
or other public place for the purpose of erecting and constructing
any poles, wires, pipes, mains, conduits, or other apparatus, shall
notify, in writing, the City or its representatives of the proposed
construction, and shall, if the City so requires, file with them a
sufficient plan and specification, showing the nature and extent of
the proposed erection and construction.
E. No street, highway, alley or public place shall be allowed to remain
open or encumbered by the construction work of the said grantee for
a longer period than shall be necessary to execute the said work,
and the grantee shall at all times conform to all ordinances of the
City now or hereafter in force, relative to the fencing and lighting
of obstructions and excavations.
F. The grantee shall save the City harmless from any judgment that may
be recovered against the City by reason of the wrongdoing or negligence
of the said grantee in the erection and maintenance of said poles,
mains, wires and other apparatus or construction.
G. Said grantee shall make due provisions, upon five days' notice
in writing, by raising its wires or otherwise, for the passage of
any barn, building or other structure on or over any street, highway,
or public place occupied by the poles, mains, wires, and other apparatus
of said grantee.
In consideration of the granting of this franchise, grantee
agrees that its rates and charges for electric service in the City
of Lapeer shall not exceed its rates and charges for like service
elsewhere in its service area, as evidenced by its uniform rate schedules
at the time on file with and approved by the Michigan Public Service
Commission. It is understood that the grantee is subject to regulation
by the Michigan Public Service Commission and that any order, rule,
or regulation by that Commission, or its successor, will prevail over
any regulation herein contained or provided for in case of conflict.
This grant shall take effect if said grantee shall, within 15
days from the date of the passage of the article, file with the City
Clerk, its written acceptance of the terms of the same, and upon the
confirmation of this grant by the affirmative vote of a 3/5 majority
of the electors of said City voting on the franchise at a regular
election to be held on Monday, April 7, 1997, as provided for by the
statutes and the State Constitution. If not confirmed by the electors
voting on the franchise at said election, this article shall be null
and void.
This franchise and article shall be and remain in force for
10 years from and after the date of its confirmation by the electors
of the City of Lapeer, Lapeer County, Michigan.
If grantee's facilities are no longer use to serve customers
in the City of Lapeer, then grantee will remove all of its facilities
at the discretion of the City of Lapeer.
Nothing in this grant shall be construed to alienate the title
of the public in and to any street, highway, alley or public place
or any portion thereof, neither shall anything herein be construed
in any manner as a surrender by the City of Lapeer of its legislative
power with respect to the subject matter hereof, or with respect to
any other matter whatsoever; nor as in any manner limiting the right
of the said City of Lapeer to lawfully regulate the use of any street,
avenue, highway or public place within its jurisdiction, as to all
other matters.