Permission is hereby granted to DTE Energy Marketing,
Inc. a Michigan corporation, its successors and assigns to construct,
maintain and operate in the public streets, highways, alleys and other
public places in the Village of New Haven, Macomb 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 Village
of New Haven, 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 lines shall be in accordance
with the rules and regulations of the Michigan Public Service Commission
or its successor.
D. The 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 Village of New Haven or its representatives
of the proposed construction, and shall, if the Village of New Haven
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
grantee for a longer period than shall be necessary to execute the
work, and the grantee shall at all times conform to all ordinances
of the Village of New Haven, now or hereafter in force, relative to
the fencing and lighting of obstructions and excavations.
F. The grantee shall save the Village of New Haven harmless
from any judgment that may be recovered against the Village of New
Haven by reason of wrongdoing or negligence of the 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 Village of New Haven 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, or its successor,
which 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 this ordinance,
file with the Village Clerk, its written acceptance of the terms of
the same after publication as required by law.
This franchise and ordinance shall be and remain
revocable by the Village of New Haven, Macomb County, Michigan, for
any reason whatsoever.
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 Village of New Haven
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 Village of New Haven to lawfully regulate
the use of any street, avenue, highway or public place within its
jurisdiction, as to all other matters.