[HISTORY: Adopted by the Township Board of Trustees of the Township of Lawrence 2-8-1990 (Ord. No. 13 of the 2005 Code). Amendments noted where applicable.]
An ordinance granting to Consumers Power Company, it successors and assigns the right, power and authority to lay, maintain and operate gas mains, pipes and services, and to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross arms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, along, across and under the highways, streets, alleys, bridges or other public places, and to do a local gas and/or elecric business in the Township of Lawrence, Van Buren County, M ichigan, for a period of 30 years.
The Township of Lawrence, Van Buren County, Michigan, hereby grants to the Consumers Power Company, a Michigan corporation, its successors and assigns, hereinafter called the "grantee," the right, power and authority to lay, maintain and operate gas mains, pipes and services, and to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross arms, guys, braces, feeders, transmission and distribution wires, transformers, and other electrical appliances on, along, across and under the highways, street, alleys, bridges and other public places, and to do a local gas and/or electric business in the Township of Lawrence, Van Buren 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 street, alley, bridge, highway 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 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 Township on account of the permission herein granted, said grantee shall, upon notice, defend the Township and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance.
The rights, power and authority herein granted are not exclusive. The right to do a gas business and the right to do an electric business hereunder are several, and such rights may be separately exercised, owned and transferred. Either manufactured or natural gas may be furnished hereunder.
Said grantee shall from time to time extend its gas and electric systems to and within said Township, and shall furnish gas or electricity to applicants residing therein in accordance with applicable laws, rules and regulations.
The grantee shall be entitled to charge the inhabitants of said Township for gas and/or electricity furnished therein, the rates as approved by the Michigan Public Service Commission, to which Commission's or its successor's authority and jurisdiction to fix and regulate gas and electric rates and rules regulating such service in said Township are hereby granted. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said Township acting by its Township Board, or by said grantee.
The franchise granted by this chapter 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, both gas and electric, not herein fixed, be and remain subject to reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to gas or electric service in said Township.
This chapter shall take effect upon the day after the date of publication thereof, provided 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 Township Clerk. Upon acceptance and publication hereof, this chapter shall constitute a contract between said Township and said grantee.