[HISTORY: Adopted by the City Commission of the City of Lapeer as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 16, Sec. 16.02, of the 1978 General Ordinances; amended in its entirety 9-17-2018]
The City of Lapeer, Lapeer County, Michigan, hereby grants to Consumers Energy Company, its successors and assigns, hereinafter called "consumers," the right and authority to lay, maintain and commercially operate gas lines and facilities, including but not limited to mains, pipes, services and valves on, under, along, and across public places, including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local gas business in the City of Lapeer, Lapeer County, Michigan, for a period of 30 years.
No highway, street, alley, bridge, or public place used by consumers shall be obstructed longer than necessary during construction or repair, and shall be restored to the same order and condition as when work was commenced. All of consumers' gas lines and related facilities shall be placed as not to unnecessarily interfere with the public's use of highway, street, alley, bridge, or public places, for the use thereof for vehicular or pedestrian purposes. Consumers shall have the right to trim or remove trees if necessary in the conducting of such business.
Consumers shall save the City and its officers, employees or agents free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent construction and maintenance of the lines and related facilities hereby authorized. In case any action is commenced against the City and/or its officers, employees or agents on account of the permission herein given, consumers shall, upon notice, defend the City and its officers, employees or agents and hold them harmless from all loss, costs and damage arising out of such negligent construction, maintenance or operation.
Consumers shall construct and extend its gas distribution system within said City, and shall furnish gas service to applicants residing therein in accordance with applicable laws, rules and regulations.
The rights, power and authority herein granted are not exclusive.
Consumers shall be entitled to provide gas service to the inhabitants of the City at the rates and pursuant to the conditions as approved by the Michigan Public Service Commission. Such rates and conditions shall be subject to review and change upon petition to the Michigan Public Service Commission.
The franchise granted by this article is subject to revocation upon 60 days' written notice by either party. Upon revocation, this article shall be considered repealed and of no effect past, present or future.
Consumers remains subject to the reasonable rules and regulations of the Michigan Public Service Commission applicable to gas service in the City and those rules and regulations preempt any term of any ordinance of the City to the contrary.
This article, when enacted, shall repeal and supersede the provisions of any previous gas franchise ordinance adopted by the City including any amendments.
This article shall take effect upon publication thereof; provided, however, it shall cease and be of no effect after 30 days from its adoption unless within said period the grantee shall accept the same in writing filed with the City Clerk. Upon acceptance and publication hereof, this article shall constitute a contract between the City and Consumers.
[Adopted 11-7-1966; amended in its entirety 4-8-1997[1] (Ch. 16, Sec. 16.01, of the 1978 General Ordinances)]
[1]
Editor's Note: Passed by a three-fifths vote at an election held 4-7-1997.
Permission is hereby granted to the Detroit Edison Company, a Michigan corporation, its successors and assigns, to construct, maintain and operate in the public streets, highways, alleys and other public places in the City of Lapeer, Lapeer 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 City; 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 said lines shall be in accordance with the rules and regulations of the Michigan Public Service Commission or its successor.
D. 
The said 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 City or its representatives of the proposed construction, and shall, if the City 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 said grantee for a longer period than shall be necessary to execute the said work, and the grantee shall at all times conform to all ordinances of the City now or hereafter in force, relative to the fencing and lighting of obstructions and excavations.
F. 
The grantee shall save the City harmless from any judgment that may be recovered against the City by reason of the wrongdoing or negligence of the said 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 City of Lapeer 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 and that any order, rule, or regulation by that Commission, or its successor, 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 the article, file with the City Clerk, its written acceptance of the terms of the same, and upon the confirmation of this grant by the affirmative vote of a 3/5 majority of the electors of said City voting on the franchise at a regular election to be held on Monday, April 7, 1997, as provided for by the statutes and the State Constitution. If not confirmed by the electors voting on the franchise at said election, this article shall be null and void.
This franchise and article shall be and remain in force for 10 years from and after the date of its confirmation by the electors of the City of Lapeer, Lapeer County, Michigan.
If grantee's facilities are no longer use to serve customers in the City of Lapeer, then grantee will remove all of its facilities at the discretion of the City of Lapeer.
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 City of Lapeer 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 City of Lapeer to lawfully regulate the use of any street, avenue, highway or public place within its jurisdiction, as to all other matters.