[HISTORY: Adopted by the Township Board of the Township of Denton 1-8-1992
by Ord. No. 18. Amendments noted where applicable.]
The Township of Denton, Roscommon County, Michigan, hereby grants the
right, power and authority to the Consumers Power Company, a Michigan corporation,
its successors and assigns, hereinafter called the "grantee," to construct,
maintain and commercially use electric lines consisting of towers, masts,
poles, crossarms, guys, braces, feeders, transmission and distribution wires,
transformers and other electrical appliances, for the purpose of transmitting,
transforming and distributing electricity on, under, along and across the
highways, streets, alleys, bridges and other public places, and to do a local
electric business in the Township of Denton, Roscommon County, Michigan, for
a period of 30 years.
In consideration of the rights, power and authority hereby granted,
said grantee shall faithfully perform all things required by the terms hereof.
All of grantee's towers, masts and poles shall be neat and sightly,
and so placed on either side of the highways, streets, alleys and bridges
as not to unnecessarily interfere with the use thereof for highway, street
and alley purposes. All of grantee's wires carrying electricity shall be securely
fastened so as not to endanger or injure persons or property in said highways,
streets and alleys shall be done so as not to interfere with the use thereof,
and when completed, the same shall be left in as good condition as when work
was commenced. The grantee shall have the right to trim trees if necessary
in the conducting of such business, subject, however, to the supervision of
the highway authorities.
Said grantee shall at all times keep and save the Township 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 hereby authorized.
In case any action is commenced against the Township on account of the permission
herein granted, said grantee shall, upon notice, defend the Township and save
it free and harmless from all loss, cost and damage arising out of such negligent
construction and maintenance.
Said grantee shall be entitled to charge the inhabitants of said Township
for electric energy 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 electric rates and rules regulating such
service in said Township, 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 Township, acting by its Township
Board, or by said grantee.
The rights, power and authority herein granted are not exclusive.
The franchise granted by this chapter is subject to revocation upon
60 days' written notice by the party desiring such revocation.
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
electric service in said Township.
This chapter shall take effect upon the day after the date of publication
thereof, provided, 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 Township Clerk. Upon acceptance and publication hereof; this
ordinance shall constitute a contract between said Township and said grantee.
