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ORDINANCE NO. 97-6
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PARK TOWNSHIP CMS MARKETING, SERVICES AND TRADING COMPANY ELECTRIC
FRANCHISE ORDINANCE
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An ordinance granting to CMS Marketing Services and Trading
Company, its successors and assigns, the right, power, and authority,
but only to the extent specified in this ordinance, to transmit, supply,
deliver and distribute electricity and electrical services as specifically
set forth herein, along, over and under the highways, streets, alleys,
bridges, waterways and other public places, to customers in the Township
of Park, Ottawa County, Michigan, and to otherwise do business therein,
for a period of 30 years, unless revoked sooner by the Township.
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THE TOWNSHIP OF PARK, OTTAWA COUNTY, MICHIGAN ORDAINS:
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The Township of Park, Ottawa County, State of Michigan, (hereinafter
called "Township"), hereby grants the right, power and authority to
the CMS Marketing, Services and Trading Company, its successors and
assigns (hereinafter called "grantee"), to transmit, supply, deliver
and distribute electricity and electrical services as part of a direct
access program approved or authorized by a state or federal agency,
or otherwise as permitted by law, along, over and under the highways,
streets, alleys, bridges, waterways and other public places to residents/customers
in the Township of Park, Ottawa County, Michigan, and to otherwise
do a business therein, for a period of 30 years, unless revoked sooner
by the Township. However, notwithstanding the previous sentence, grantee
shall not have the right, power or a authority to construct or maintain
electric lines including, but without limitation, towers, masts, poles,
crossarms, guys, braces, feeders, transmission and distribution wires,
transformers and other electrical appliances along, over or under
the highways, streets, alleys, bridges, waterways and other public
places in the Township. The franchise granted pursuant to this ordinance
is hereby designated by the Township Board as a revocable franchise.
In consideration of the rights, power and authority hereby granted,
the grantee shall faithfully perform all things required by the terms
hereof.
No highway, street, alley, bridge, waterway or other public
place used by the grantee shall be obstructed by the grantee in the
performance of its business hereunder.
The grantee shall at all times keep and save the Township and
its Township Board, officers, employees or agents free and harmless
from all loss, costs and expense to which they may be subject by reason
of the granting of this franchise or on account of any act or omission
of grantee. In case any action is commenced against the Township,
its Township Board, officers, employees or agents, on account of,
or as a direct or indirect result of, the franchise herein given,
or on account of any act or omission of grantee, the grantee shall,
upon notice, defend the Township, its Township Board, officers, employees
or agents, and save them free and harmless from all loss, cost and
damage, including litigations costs and actual attorney fees, arising
therefrom.
Subject to all of the terms of this ordinance, the grantee may
from time to time extend its services and furnish electricity to any
and all residents within the Township in accordance with applicable
laws, rules and regulations. There are no limitations on the number
of customers which grantee may serve hereunder. However, the prohibition
pertaining to construction in the second sentence of Section 1 shall
remain effective.
The rights, power and authority herein granted are not exclusive.
In so long as customers in the Township shall be able to freely
elect grantee as their electric service provider, the grantee shall
be entitled to charge its customers for the services and electricity
at the rates contractually agreed upon with said customers. This section
does not attempt to convey to grantee any power and authority beyond
that granted by applicable state or federal law, rule or regulation.
The franchise granted by this ordinance is subject to revocation
at any time by the Township upon 60 days written notice to grantee
at One Jackson Sq., Suite 1060, Jackson, Michigan, or at such other
address as grantee shall specify in writing to the Township for the
receipt of notices.
The grantee shall, as to all other conditions and elements of
service not herein fixed, be and remain subject to the reasonable
rules and regulations provided by law over the services or electricity
furnished by grantee in the Township, grantee shall be and remain
a subject to all ordinances, rules and regulations of the Township
now in effect for the protection of the health, safety and general
welfare of the public.
This ordinance and the various parts, sections, subsections,
sentences, phrases and clauses thereof, are hereby declared to be
severable. If any part section, subsection, sentence, phrase and clause
is adjudged unconstitutional or invalid, the remainder of the ordinance
shall not be affected thereby. The captions included at the beginning
of each section are for convenience only and shall not be considered
a part of this ordinance.
No officer, agent or employee of the Township of Park, or a
member of the Township of Park board, shall be rendered liable for
any damage that may occur to any person as a result of any act, decision
or other consequence or occurrence arising out of the discharge of
his or her duties and responsibilities pursuant to this ordinance.
Grantee shall notify the Township in writing 30 days in advance
as to any proposed assignment or transfer of its electric franchise
to a third party.
This ordinance is ordered to take effect on July 16, 1997, said
date being one or more days after publication in The Holland Sentinel,
a newspaper having general circulation in the Township, pursuant to
the provisions of Act 246 of the Public Acts of 1945, as amended.
Adopted at a regular meeting of the Park Township Board held
on July 10, 1997.
