[Adopted 11-20-2017 by Ord. No. 128]
The Charter Township of Blackman, Jackson 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 Blackman,
Jackson County, Michigan, for a period of 30 years.
In consideration of the rights, power and authority hereby granted,
said grantee shall faithfully perform all things required by the terms
hereof.
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 shall be restored to
the same order and condition as when said work was commenced. All
of the grantee's structures and equipment shall be so placed
on either side of the highways 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. 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.
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 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.
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.
The rights, power and authority herein granted are not exclusive.
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, or by said grantee.
The franchise granted by this article is subject to revocation
upon 60 days' written notice by the party desiring such revocation.
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.
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 February 16, 1988 entitled "An
ordinance, granting to Consumers Power 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, feeders, transmission and distribution 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 Blackman,
Jackson County, Michigan, for a period of thirty years," and amendments,
if any, to such ordinance whereby an electric franchise was granted
to Consumers Energy Company.
This article shall take effect upon the day after the date of
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 Charter Township
Clerk. Upon acceptance and publication hereof, this article shall
constitute a contract between said Charter Township and said grantee.
