A.
Pursuant to Section 29 of Article 7 of the Michigan Constitution
of 1963, use of the highways, streets, alleys and other public places
for operation of a public utility requires the consent of the Township
and the transaction of local business in the Township by a public
utility requires that a franchise first be obtained. This chapter
is adopted for the purpose of confirming and providing the process,
terms and conditions for suppliers of electricity and natural gas
to obtain the required consents and franchises and to fully exercise
the Township's constitutional authority which includes the reasonable
control of its highways, streets, alleys and public places.
B.
As a result of regulatory changes that have or may occur, and interpretations
of existing laws, at the state and federal levels, specifically including
the Michigan Public Service Commission (deregulation), the persons
that may be authorized to supply electricity and natural gas to customers
in the Township are no longer limited to the public utility that owns
and operates the facilities used to deliver electricity and natural
gas to customers. This chapter is adopted in recognition of the deregulation
which has and may continue to occur, with the intent and purpose of
confirming that all persons supplying electricity or natural gas to
customers in the Township are required to have a franchise as provided
in this chapter, regardless of whether it is required as a condition
of state or federal regulatory permits, approvals or certificates.
C.
The Township will incur costs and expenses in reviewing and acting
on franchise requests, and upon granting a franchise, monitoring and
enforcing its terms and conditions. Such costs and expenses should
be paid by franchise applicants and holders as provided in this chapter.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A residential, commercial or industrial end user of electricity
or natural gas in the Township.
A physical change, modification, alteration, disturbance,
injury and/or damage to or in a right-of-way, including but not limited
to, construction, installation, location, maintenance, modification,
alteration, replacement or repair of facilities, and the removal or
alteration of a right-of-way surface grade or material, tree, sign,
marker, hydrant or other material or object.
Any overhead or underground cable, wire line, main, pipe,
pole, building, structure, equipment and all other man-made or placed
materials or objects or combinations thereof, for the transmission
or distribution of electricity or natural gas to customers.
A nonexclusive limited authorization to transact a local
business and the right to incidental use of right-of-way under this
chapter.
The holder of a valid and effective franchise granted by
the Township.
The Michigan Public Service Commission.
Any and all public rights-of-way, streets, highways, roads,
sidewalks, alleys, thoroughfares, public easements and public places
located within the Township.
A person that supplies electricity (electric generation)
or natural gas to customers in the Township through facilities in
the Township in which it has no ownership, operation, leasehold, repair
or maintenance rights or responsibilities.
A person that owns, operates, and maintains facilities used
to provide electricity or natural gas to customers in the Township.
Nothing in this chapter shall be construed as a waiver of any
of the rights, remedies and/or authority of the Township pursuant
to any laws, ordinance, codes or regulations of the Township, and
the Township reserves the right to exercise all authority and take
any and all action granted to it by any constitution, law, Township
ordinance, code and/or regulation. Nothing in this chapter shall be
construed to limit and/or preclude the Township from exercising its
right of eminent domain.
Any notices required to be sent to the grantee by this chapter
may be delivered, or may be sent by first class mail to the grantee
at the address listed in the franchise application or such other address
as grantee has provided to the Clerk in writing.
Being a supplier of electricity or natural gas to customers
in the Township is the transaction of local business of a public utility,
which shall not be done without a franchise.
A franchise granted under this chapter constitutes the Township's
consent to grantee's limited and incidental use of right-of-way
to the extent that facilities are located within it.
