An ordinance granting a revocable franchise to Indiana Michigan
Power Company, its successors and assigns, for the right to acquire,
construct, maintain, and operate in the streets, thoroughfares, alleys,
bridges, and public places of the Village of Stevensville, Berrien
County, State of Michigan, and its successors, lines and appurtenant
equipment for the transmission and distribution of electric energy
to the Village of Stevensville and the inhabitants thereof, and for
the transmission and distribution of the same within, through, or
across said Village of Stevensville, Berrien County, State of Michigan.
The Village of Stevensville, Berrien County, State of Michigan,
ordains:
Indiana Michigan Power Company, its successors and assigns (hereinafter
called "grantee") is hereby granted the right, privilege, franchise,
and authority to acquire, construct, maintain, and operate in, above,
under, across, and along the streets, thoroughfares, alleys, bridges,
and public places (as the same now exist or may hereafter be laid
out) of the Village of Stevensville, Berrien County, State of Michigan,
lines for the transmission and distribution of electric energy, either
by means of overhead or underground conductors, with all the necessary
or desirable appurtenant equipment (the "Facilities"), to render public
utility service in said Village and to the inhabitants thereof by
supplying electric energy to said Village and the inhabitants thereof,
and persons or corporations beyond the limits thereof for all purposes
for which electric energy is now or may hereafter be used, and the
transmission and distribution of the same within, through, or across
said Village of Stevensville, Berrien County, State of Michigan, subject
to such reasonable regulation of the placement and operation of the
facilities as the Village Council shall prescribe from time to time
and as is permitted under applicable state law.
Said facilities shall be constructed in a manner that shall
not unreasonably interfere with the traveling public in its use of
the streets, thoroughfares, alleys, bridges, and public places.
The rights, privileges, and franchise hereby granted shall be
in force and effect for a period of 30 years from the date of the
passage of this ordinance, but revocable at the will of the Village
Council unless approved by vote of the electors.
The rights, privileges, and franchise hereby granted shall not
be construed to be exclusive and the Stevensville Village Council
hereby reserves the power to grant similar rights, privileges, and
franchises to any other person or persons, firm or firms, corporation
or corporations.
As part of the consideration for of this ordinance, grantee
shall defend, indemnify, protect and hold harmless grantor, its officers,
agents, employees, departments, boards, and commissions from any and
all claims, losses, liabilities, causes of action, demands, judgments,
decrees, proceedings, and reasonable expenses of any nature (including,
without limitation, actual fees and expenses of attorneys, expert
witnesses and consultants), arising out of or resulting from the intentional
wrongful or negligent acts or omissions of grantee, its officers,
agents, employees, contractors, successors, or assigns with respect
to grantee's operations under this franchise agreement.
Whenever said grantee shall begin the erection or installation
of any lines or equipment, it shall promptly and diligently prosecute
the work to completion and leave the streets, thoroughfares, alleys,
bridges, and public places where such work is done in as good condition
of repair as before such work was commenced.
If grantee or any subsidiary pays a fee, charge or other payment
of any kind on a periodic basis (e.g. monthly, quarterly, annually,
etc.) for an electric franchise to any municipality in Michigan, then
the grantee shall pay to the Village of Stevensville a fee computed
in the same manner as the fee is computed in the other municipality
(e.g. if the fee in the other municipality is computed on a percentage
of revenue, the same percentage shall be applicable and paid to the
Village of Stevensville. If such fee in the other municipality is
computed on the lineal measure of service, the same unit price shall
be applicable and paid to the Village of Stevensville). If fees are
paid by the grantee to more than one municipality, then the computation
of the fee for the Village shall be based upon the method producing
the largest fee. Upon grantor's reasonable request, grantee shall
provide grantor copies of all franchise agreements that grantee has
entered into with municipalities within the State of Michigan.
The grantee, upon the grantor's reasonable written request,
shall provide the grantor such copies of all documents which the grantee
sends to the Michigan Public Service Commission and copies of all
orders, decisions or correspondence the grantee receives from the
Michigan Public Service Commission which relate to the delivery of
electric service within the Village of Stevensville.
Wherever in this ordinance, reference is made to the Village
or the grantee, it shall be deemed to include the respective successors
or assigns of either; and all rights, privileges, franchises, and
obligations herein contained by or on behalf of said Village, or by
or on behalf of said grantee, shall be binding upon, and inure to
the benefit of the respective successors or assigns of said Village,
or of said grantee, whether so expressed or not.
This ordinance shall be accepted by the grantee within 60 days
from the date of the passage of same.
This franchise shall take effect after its adoption, acceptance
and publication as required by law.
Dated this ten day of February, 2005.
