The City of Fennville, Allegan 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 City of Fennville, Allegan County, Michigan, for a period of 30 years.
[HISTORY: Adopted by the City Commission of the City of Fennville as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-2015 by Ord. No. 15-1]
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 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 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 City 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 City on account of the permission herein given, said 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 and maintenance.
Said Grantee shall construct and extend its electric distribution system within said City, 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 City 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 City, 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 City, acting by its City Council, or by said Grantee.
The franchise granted by this ordinance 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 City.
This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of an electric ordinance adopted by the City on May 6, 1985 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 CITY OF FENNVILLE, ALLEGAN COUNTY, MICHIGAN.
and amendments, if any, to such ordinance whereby an electric franchise was granted to Consumers Energy Company.
This ordinance 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 City Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said City and said Grantee.
[Adopted 7-5-2022 by Ord. No. 2022-03]
A franchise is hereby granted by the City to the grantee to use the highways, streets, alleys, bridges and other public places in the City to lay, maintain and operate gas mains, pipes, conduits, valves, drips and all necessary appurtenances; and to transact a general gas business and distribution system in the City. However, the franchise is subject to all of the conditions and restrictions contained in this Ordinance.
In consideration of the rights, power and authority hereby granted, the Grantee shall faithfully perform everything required of it by the terms of this Ordinance.
The conditions and restrictions applicable to the franchise granted by this Ordinance are as follows:
A.
No highway, street, alley, bridge or other public place in the City used by the Grantee shall be obstructed longer than necessary to execute the Grantee's work of construction or repair; any such highway, street, alley, bridge or other public place shall be restored by the Grantee to the same order and condition as when the work was commenced. All of the Grantee's structures and equipment shall be placed so as not to unnecessarily interfere with the use of any highway, street, alley, bridge or other public place. The Grantee shall maintain such barriers and warning devices as are necessary to provide a reasonable amount of protection and notice to members of the public who are or may reasonably be expected to be in the vicinity of the work done by the Grantee on any highway, street, alley, bridge or other public place in the City. Notwithstanding the terms and provisions of this Subsection A, the City shall have the right and authority to regulate the use and control of its highways, streets, alleys, bridges and other public places, as well as the space above and beneath them.
B.
The rights, power and authority herein granted to the Grantee by means of this franchise shall be subject to the right and authority of the City, from time to time and in its discretion but subject to the provisions of Subsection H below:
(1)
To request the Michigan Public Service Commission:
(a)
To require reasonable adequate extension of the distribution system, and to require its service and maintenance, both at the highest practicable standard of efficiency;
(b)
To establish reasonable and practicable standards of service and quality of products, and to prevent unjust discrimination in service or rates; and
(c)
To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire term thereof;
(2)
To determine which side of any highway, street, alley, bridge or other public place within the City will be used for any extension of the presently-existing gas distribution system; and
(3)
To impose such other reasonable regulations as may be conducive to the health, safety, welfare and accommodation of the public.
C.
The Grantee shall at all times keep and save the City free and harmless from all loss, cost and expense to which it may otherwise be subject by reason of the actual or alleged negligent construction and/or maintenance of the structures and equipment hereby authorized by means of the franchise granted by this Ordinance. In case any action is commenced against the City on account of the franchise granted by this Ordinance, the Grantee shall, upon notice, defend the City and save it free and harmless from all loss, cost and expense arising out of such actual or alleged negligent construction and/or maintenance. However, Grantee need not save the City harmless from claims, losses and expenses arising out of the negligence of the City, its employees, contractors or agents.
D.
The franchise granted by means of this Ordinance is not exclusive.
E.
The Grantee shall furnish gas to applicants residing in the City in accordance with applicable laws, rules and regulations as enacted by the State of Michigan and/or the Michigan Public Service Commission.
F.
The Grantee shall be entitled to charge the inhabitants of the City, for gas furnished therein, the rates as approved by the Michigan Public Service Commission. Authority and jurisdiction to fix and regulate gas rates and rules regulating such service in the City is hereby granted to the Michigan Public Service Commission. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either the City acting by its City Commission or by the Grantee.
G.
The Grantee shall issue bills for gas service, and shall furnish and maintain commercially accurate meters to measure the gas furnished, all according to rules and regulations promulgated by the Michigan Public Service Commission.
H.
The Grantee shall, as to all other conditions and elements of gas service not herein fixed, be and remain subject to the rules and regulations of the Michigan Public Service Commission or its successors; to the extent such rules and regulations are applicable to gas service in the City.
This Ordinance and the franchise granted hereby shall be and remain in force for 30 years from and after the effective date of this Ordinance.
The franchise granted by this Ordinance is subject to revocation at the will of the City. In the event the City shall determine to revoke the franchise granted by this Ordinance, the Grantee may, on written notice to the City within 60 days after being notified of such determination, request that the granting of a franchise for a period of 30 years, or such lesser period as the Grantee may request, be submitted to the electors of the City at the next general election or at a special election called for that purpose. Upon receipt of the Grantee's request for an election, the City shall submit to its electors the granting of a franchise to the Grantee pursuant to the terms and provisions of this Ordinance for a period of 30 years or such lesser period as shall be requested by the Grantee. The Grantee shall pay all expenses related to any special election and its fair share of any expenses related to the inclusion of the franchise proposition as part of a general election.
Nothing in the grant of a franchise by this Ordinance shall be construed to alienate the title of the public in and to any highway, street, alley, bridge or public place or any portion thereof. Further, nothing in this Ordinance shall be construed to be a surrender by the City of its legislative power with respect to any subject matter whatsoever, nor as a limit on the right of the City to grant other franchises or to regulate the use of any highway, street, alley, bridge or other public place within the City's jurisdiction.
If any section, subsection, paragraph, sentence, clause or provision of this Ordinance shall be held invalid, the invalidity shall not affect the remainder of this Ordinance.
All ordinances in conflict with this Ordinance in whole or in part are hereby repealed to the extent of such conflict.
This Ordinance shall take effect immediately upon its publication following its passage which passage followed the first reading given the Ordinance, and which passage followed a public hearing as shown on the attached Certificate. However, this Ordinance shall be void and of no effect unless the Grantee accepts the franchise granted by this Ordinance in writing filed with the City Clerk no later than 30 days after the adoption of this Ordinance by the City Commission. Upon the City Clerk's receipt of the written acceptance of the franchise granted by this Ordinance, this Ordinance shall constitute a contract between the City and the Grantee.