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ORDINANCE NO. 97-7
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PARK TOWNSHIP
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FIRST POWER, L.L.C.
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ELECTRIC FRANCHISE ORDINANCE
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An ordinance granting to First Power, L.L.C., 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 First Power, L.L.C., its successors and assigns (hereinafter called
"grantee"), to transmit, supply, deliver and distribute electricity
through and over existing and/or future electrical lines operated
and owned by an authorized public utility holding a valid Township
electric franchise, and to provide electrical service 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, and waterways to electric customers
in the Township for a period of 30 years, unless revoked sooner by
the Township. This grant is subject to and dependent a on grantee
obtaining all other approvals or certificates required by law to provide
electrical service in the Township. Notwithstanding the first sentence
of this section, grantee shall not have the right, power or 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, and waterways
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 duties required by this ordinance
and shall comply fully at all times with the terms and provisions
of this ordinance.
No highway, street, alley, bridge, or waterway used by the grantee
shall be at any time 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, and specifically
Section 8, the grantee may from time to time extend its services and
furnish electricity to any and all electric customers within the Township
in accordance with applicable laws, rules and regulations. However,
the prohibition pertaining to construction in Section 1 shall remain
effective.
The rights, power and authority herein granted are not exclusive.
In so long as customers in the Township will 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 its 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.
Electrical service pursuant to this ordinance shall be provided
to only the City of Wyoming water treatment plant, 16700 New Holland
Street, Holland, Michigan, unless the Township Board by resolution
shall authorize service to one or more additional customers.
The franchise granted by this ordinance and the terms and provisions
of this ordinance shall be unconditionally accepted in a writing by
grantee. If the grantee does not file a copy of its written unconditional
acceptance of this ordinance with the Township within 60 days of the
date on which this ordinance is adopted, then the franchise granted
by this ordinance shall immediately terminate without notice to grantee.
Grantee agrees that if in the case of a public emergency the
Township disrupts any of grantee's facilities, the Township shall
not be responsible to the grantee for any damages caused by such disruption.
Further, grantee agrees that the Township shall be held faultless
with regard to all repairs and/or the cost of such repairs.
The franchise granted by this ordinance is subject to revocation
at any time by the Township upon 60 days written notice by certified
mail to grantee at 101 Washington Street, Suite 202, Grand Haven,
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 conditions and elements of service,
be and remain subject to all rules and regulations provided by law
which pertain to the services or electricity furnished by grantee
in the Township. Grantee shall be and remain subject to all ordinances,
rules and regulations of the Township now in effect, or which might
subsequently be adopted, for the regulation of land uses or for the
protection of the health, safety and general welfare of the public;
provided, however, that nothing herein shall be construed as a waiver
by grantee of any of its existing or future rights under Michigan
or federal law or a limitation upon the existing or future powers
of the Township under Michigan or federal law.
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.
All ordinances or parts thereof in conflict with this ordinance
are hereby repealed to the extent of such conflict.
This ordinance is ordered to take effect on October 20, 1997,
said date being one or more days after publication in The Holland
Sentinel, a newspaper having general circulation a 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 October 9, 1997.
