[HISTORY: Adopted by the Township Board of Trustees of the Township of Lawrence 6-11-2020. Amendments noted where applicable.]
Editor's Note: This ordinance superseded former Ch. 13, Electric Franchise: Consumers Power Company, adopted 2-8-1990 (Ord. No. 13 of the 2005 Code).
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.