[HISTORY: Adopted by the City Council of the City of Bridgman 9-17-2018 by Ord. No. 200. Amendments noted where applicable.]
The City of Bridgman ("City") hereby grants to Indiana Michigan Power, its successors and assigns ("grantee") the right, power and authority to acquire, construct, maintain, and operate in, above, under, and along the streets, alleys, bridges, and public places as they currently exist or may be hereafter be laid out in the City of Bridgman, County of Berrien, State of Michigan. This shall include 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 to render electric public utility service (collectively called "facilities") in said City and to the inhabitants thereof, and persons or corporations beyond the limits thereof for which electric energy is now or may hereafter be used, and the transmission and distribution of the same within, through, and across the City of Bridgman, subject to this franchise agreement and other such reasonable terms as permitted by state law, and as may be prescribed from time to time by the City Council.
This franchise shall be for a term of 30 years; subject, however, to revocation of the term by the City Council.
In consideration of the rights, powers and authority granted, the grantee shall faithfully perform all things required by this franchise.
The facilities anticipated in this franchise shall be constructed, maintained, and utilized in a manner which shall not unreasonably interfere with the traveling public in the use of City streets, alleys, bridges, public rights-of-way, and/or other public property.
The grantee and its contractors shall be responsible to immediately restore to the same or a better condition, at grantee's sole cost and expense, and in a manner approved by the City, any portion of any public land or right-of-way that is in any way disturbed, damaged, or injured by construction, maintenance, replacement, or removal of the grantee's facilities. In the event grantee fails to make such repairs within the time specified by the City, the City shall be entitled to complete the repair and grantee shall pay the costs of the City for such repair.
For the sake of public efficiency, grantee shall coordinate any street construction, rebuilding, resurfacing, and repair with the City, with the goal of coordinating anticipated grantee street projects with projects contemplated by the City in order to be judicious with resources and to attempt to avoid unnecessary tearing up and repaving of streets that could have been coordinated between the parties.
The grantee shall at all times keep and save the City, its agents, and employees free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent operations of the grantee. In case any action is commenced against the City on account of the permission granted herein, the grantee shall, upon notice, defend the City and save it free and harmless from all loss, cost and damage arising out of such negligent construction, erection, operation, or maintenance of any facility, or any other negligent action or behavior of grantee.
The rights, power and authority granted by this franchise are not exclusive.
The grantee shall pay to the City a franchise fee in the amount of $2,500 which shall reimburse the City for all reasonable transaction costs associated with the preparation, publication, and passage of this chapter. The franchise fee shall be paid to the City within 30 days from the adoption of this chapter.
The grantee shall maintain a comprehensive general liability insurance policy in an amount to be approved by the City Council. grantee shall also maintain an automobile liability insurance policy to cover any vehicles used in connection with any activities conducted under this chapter in an amount deemed acceptable to the City Council.
This agreement shall be subject to the right of the City:
To request that grantee relocate, protect, support, disconnect, or remove its facilities due to street or other utility work in the City, and grantee hereby agrees to do so in good faith and in a reasonable time and manner;
To impose such other regulations as may be determined by the City Council to be conducive to the safety, welfare, and accommodation of the public.
The rights of the City shall not be exercised or construed in a manner which conflicts with the express terms and conditions of this franchise nor with the rules and regulations set forth by the Michigan Public Service Commission governing the provision of electric service by grantee.
The City has the right to vacate any public right-of-way within the City, as well as any right to use the same possessed by the grantee, and/or the City may require the grantee to relocate its lines and facilities at the grantee's expense when such vacation and/or relocation is made necessary to secure the public health and welfare or is otherwise required by the City in the exercise of a governmental function.
The grantee shall engage in reasonable practices regarding the trimming and removal of trees, bushes, and/or shrubbery and only exercise such trimming and removal when necessary to ensure the safe and reliable delivery of electric service. No trimming or removal of trees, bushes, and/or shrubbery shall be done in the public right-of-ways without informing the City, in writing, at least 10 days in advance, except in the event of an emergency that endangers the health, life, or safety of the public or is otherwise necessary to restore electric service.
The franchise granted by this chapter is subject to revocation at will by the City.
The grantee shall be and remain subject to all ordinances, rules and regulations of the City now in effect or which might subsequently be adopted for the regulation of land uses or for the protection of the health, safety and general welfare of the public; provided, however, that nothing shall be construed as a waiver by the grantee of any or its existing or future rights under state or federal law or a limitation upon the existing or future powers of the City pursuant to its charter or state or federal law.
This chapter shall be accepted by the grantee within 60 days from the date of the passage of the same. The franchise will take effect immediately after its adoption, acceptance, and publication as required by law.