The Township of Lawrence, Van Buren 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, and to construct, maintain and commercially
use electric lines and related facilities, including but not limited
to towers, masts, poles, crossarms, guys, wires and transformers,
on, under, along, and across public places, including but not limited
to highways, streets, alleys, bridges, and waterways, and to conduct
a local gas and/or electric business in the Township of Lawrence,
Van Buren County, Michigan, for a period of 30 years.
No 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, electric lines and related facilities shall
be placed as not to unnecessarily interfere with the public's
use of public places. Consumers shall have the right to trim or remove
trees if necessary in the conducting of such business.
Consumers shall save the 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 lines and related facilities
hereby authorized. In case any action is commenced against the Township
on account of the permission herein given, Consumers shall, upon notice,
defend the Township and its representatives and hold them harmless
from all loss, costs and damage arising out of such negligent construction
and maintenance.
Consumers shall construct and extend its gas and/or electric
distribution system within said Township, and shall furnish gas and
electric 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 and electric service
to the inhabitants of the Township 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 ordinance is subject to revocation
upon 60 days' written notice by either party. Upon revocation,
this ordinance shall be considered repealed and of no effect, past,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 and electric
service in the Township, and those rules and regulations preempt any
term of any ordinance of the Township to the contrary.
Unless required by federal or state law or regulation, Consumers
shall not lease or sublease any portion of its electric or gas system
within the Township to a third party who by law is required to obtain
the Township's permission, including but not limited to franchise
requirements, zoning permits, building permits, small cell wireless
permits, and other permits or requirements. Consumers shall not allow
or install nonelectric or nongas systems to be overlashed, affixed,
or attached to any portion of its electric or gas systems or the associated
real property, or allow other actions with a similar result, including
but not limited to the installation of small cell wireless facilities,
cable television systems, and other systems, without the written consent
of the Township unless required by federal or state law or regulation.