[Ord. No. 2013-02, 4-2-2013]
The Charter Township of Meridian, Ingham County, Michigan, hereby
grants the right, power and authority to the Consumers Energy 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, waterways, and other public places and to
do a local electric business in the Charter Township of Meridian,
Ingham County, Michigan, for a period of 30 years.
[Ord. No. 2013-02, 4-2-2013]
In consideration of the rights, power and authority hereby granted,
said grantee shall faithfully perform all things required by the terms
hereof.
[Ord. No. 2013-02, 4-2-2013]
(a)Â
No highway, street, alley, bridge, waterway or other public place
used by said grantee shall be obstructed longer than necessary during
the work of construction or repair, and it shall be restored to the
same order and condition as when said work was commenced.
(b)Â
Before commencing the construction or erection of poles, wires, transformers
and other similar or related equipment which will require excavation
in or the closing of any street, alley, bridge, waterway or other
public place, the grantee shall provide the Charter Township with
notice, including a description of the work to be performed, to allow
the Charter Township reasonable opportunity to respond to their effects
upon municipal services and public safety. This notice requirement
shall not apply to the installation of electric services nor to the
work performed on privately owned property.
(c)Â
All of the grantee's structures and equipment shall be so placed
on either side of the highways so as not to unnecessarily interfere
with the use thereof for highway purposes. All of the grantee's wires
carrying electricity shall be securely fastened so as not to endanger
or injure persons or property in said highways.
(d)Â
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.
(e)Â
The grantee shall permit joint use of, or attachment to, its poles
and other appurtenances located within the streets, alleys and other
public places of the grantor solely in accordance with the rules and
regulations of the Michigan Public Service Commission and the Federal
Communications Commission, as applicable. Furthermore, nothing herein
shall restrict or impair rights under any statutes or laws regarding
the vacation or relocation of a public street.
(f)Â
The grantee, at its expense, upon request of the Charter Township,
must protect, support, temporarily disconnect, relocate or remove
from the highways, streets, alleys, bridges, waterways, and other
public places any property when required by reason of traffic conditions,
public safety, street vacation, freeway or street construction, change
or establishment of street grade, installation of sewers, drains,
water pipes, signal lines, tracks or other public improvements, provided
that nothing herein shall be construed as a waiver by the grantee
of any of its existing or future rights under state or federal law.
Nothing herein shall restrict or impair the grantee's rights under
any statutes or laws regarding the vacation or relocation of public
streets.
[Ord. No. 2013-02, 4-2-2013]
Said grantee shall at all times keep and save the Charter Township
free and harmless from all loss, costs and expense to which it may
be subject by reason of the acts or omissions of the grantee or negligent
construction and maintenance of the structures and equipment hereby
authorized. In case any action is commenced against the Charter Township
on account of the permission herein given, said grantee shall, upon
notice, defend the Charter Township and save it free and harmless
from all loss, cost and damage arising out of such negligent construction
and maintenance; provided, however, that this hold harmless provision
shall not apply to any loss, cost, damage or claims arising solely
out of the negligence of the Charter Township, its employees or its
contractors. Furthermore, in the event that any loss, cost, damage
or claims arise out of the joint negligence of the Charter Township,
its employees or its contractors and the grantee, this hold-harmless
provision shall not apply to the proportional extent of the negligence
of the Charter Township, its employees or its contractors.
[Ord. No. 2013-02, 4-2-2013]
Said grantee shall construct and extend its electric distribution
system within said Charter Township and shall furnish electric service
to applicants residing therein in accordance with applicable laws,
rules and regulations.
[Ord. No. 2013-02, 4-2-2013]
The rights, power and authority herein granted are not exclusive.
[Ord. No. 2013-02, 4-2-2013]
Said grantee shall be entitled to charge the inhabitants of
said Charter Township for electricity 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 Charter 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
therefor being made by either said Charter Township, acting by its
Charter Township Board, or by said grantee.
[Ord. No. 2013-02, 4-2-2013]
The franchise granted by this article is subject to revocation
upon 60 days' written notice by the party desiring such revocation.
[Ord. No. 2013-02, 4-2-2013]
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 Charter Township.
[Ord. No. 2013-02, 4-2-2013]
This article, when accepted and published as herein provided,
shall repeal and supersede the provisions of an electric ordinance
adopted by the Charter Township on March 15, 1983, entitled: "An Ordinance
granting to Consumers Energy Company, its successors and assigns,
the right, power and authority to construct, maintain and commercially
use electric lines consisting of towers, masts, poles, crossarms,
guys, braces, wires, transformers and other electrical appliances
on, under, along and across the highways, streets, alleys, bridges
and other public places and to do a local electric business in the
Charter Township of Meridian, Ingham County, Michigan," and amendments,
if any, to such ordinance whereby an electric franchise was granted
to Consumers Energy Company.
