[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 4-1-2000 by Ord. No. 285. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
235.
The Township of Grosse Ile, 9601 Groh Road,
P.O. Box 300, Grosse Ile, MI 48138 ("Township"), grants to Nordic
Electric, L.L.C., 2010 Hogback Road, Suite 4, Ann Arbor, State of
Michigan, 48105, a limited liability company ("grantee"), limited
nonexclusive permission to market electricity through and over existing
and future electrical lines operated and owned by another authorized
public utility and to conduct a local electric business as an electric
power marketer and third-party supplier of electricity in the Township
for a period of two years.
A. As an electric power marketer and third-party supplier
of electricity, grantee will not directly transmit or supply electricity,
nor impair or attempt to control or occupy any streets, alleys, or
public places, nor engage in any construction in any public street,
alley, or other place or right-of-way.
B. Grantee shall indemnify and hold harmless the Township
from any and all judgments, damages, decrees, losses, costs and expenses,
including attorney fees, which the Township may incur or which may
be legally obtained against the Township for or by reason of the wrongful
or negligent construction, maintenance or repair of the structures
and equipment, or the use and occupation of any highway, street, alley,
or other public place in the Township by the grantee pursuant to the
terms of this ordinance or resulting from the exercise by the grantee
of any of these privileges.
C. The Township may establish reasonable standards of
service, prevent unjust discrimination in service, and impose any
other regulations as may be determined by the Township Board to be
conducive to the safety, welfare and accommodation of the public.
Grantee shall be and remain subject to all ordinances, rules and regulations
of the Township now in effect, or which might be adopted.
D. Subject to §
A292-7, this franchise is strictly limited to the general marketing and supplying of electricity and electrical services to the customers operating or residing within the Township listed in Appendix A.
E. Grantee shall reimburse the Township for the Township's
costs associated with issuance of this franchise, including reasonable
attorney fees.
F. Grantee must file a written application to the Township
requesting permission to market electricity within the Township and
said application must acknowledge acceptance of the terms of this
ordinance.
Grantee may charge its customer(s) for electricity
and electrical services at a rate that is mutually agreeable to grantee
and the customer, subject to the parties' agreement that they will
abide by all applicable federal and state laws and Michigan Public
Service Commission Regulations.
If grantee or any subsidiary company pays a
fee, charge, or other payment of any kind on a periodic basis (e.g.,
monthly, quarterly, annually, etc.) for a franchise to any municipality
in Michigan, then the grantee shall pay to the Township a fee computed
in the same manner as the fee is computed in the other municipality
(e.g., if the fee in the other municipality is computed on a percentage
revenue, the same percentage shall be applicable and paid to the Township.
If such fee in the other municipality is computed on the lineal measure
of service, the same unit price shall be applicable and paid to the
Township). A one-time charge prior to and for the installation of
such new service shall not be considered a periodic fee unless the
charge is unreasonably higher than that paid to other municipalities.
If fees are paid by the grantee to more than one municipality, then
the computation of the fee for the Township shall be based upon the
method producing the largest fee. The Township shall have the right,
at its own expense, to audit the books and records or review audits
of the books and records of the grantee to determine whether and to
what extent a fee is due. Any additional fee found due as a result
of the audit or review shall be paid by the grantee. If the additional
fee is greater than 2% of the total annual fee which should have been
paid for any calendar year, the grantee shall pay the Township's cost
for the audit.
A. The grantee and any contractor hired by the grantee
may not commence marketing electricity, as permitted by this ordinance,
until it has obtained the insurance required by this section. All
insurance coverage shall be with insurance carriers reasonably acceptable
to the Township. If any insurance is written with a deductible or
self-insured retention, the grantee or its contractor shall be solely
responsible for said deductible or self-insured retention. The purchase
of insurance and the furnishing of a certificate of insurance shall
not be a satisfaction of the grantee's duty to indemnify the Township.
The grantee and any contractor shall procure and maintain during the
term of the franchise the following coverage:
(1) Workers' compensation insurance in accordance with
all applicable statutes of the State of Michigan. Coverage shall include
employers' liability coverage.
(2) Commercial general liability insurance on an "occurrence"
basis with limits of liability not less than $1,000,000 per occurrence
for bodily injury and personal injury, and $1,000,000 per occurrence
for property damage. Coverage shall include the following extensions:
(b)
Products and completed operations.
(c)
Independent contractors coverage.
(d)
Broad form general liability extensions or equivalent.
(e)
Coverage for X, C and U hazards.
(3) Motor vehicle liability coverage, including Michigan
no-fault coverage for all vehicles used in the performance of the
contract. Limits of liability shall not be less than $1,000,000 per
occurrence combined single limit bodily injury and property damage.
(4) Additional insured. Commercial general liability insurance
and automobile liability insurance as described above shall include
an endorsement stating the following shall be an additional named
insured: "The Township, including all elected and appointed officials,
boards, agents, commissions, officers, employees and volunteers."
(5) Cancellation notice.
(a)
Workers' compensation insurance, commercial
general liability insurance, and motor vehicle insurance as described
above shall include an endorsement stating the following: "It is hereby
understood and agreed that this insurance policy may not be canceled
by the insurer nor the intention not to renew be stated by the insurer
until 30 days after receipt by the Township, by certified or registered
mail, of a written notice of such intention to cancel or not renew."
(b)
Said notice shall be sent to:
|
Township of Grosse Ile
9601 Groh Road
P.O. Box 300
Grosse Ile, MI 48138
ATTN: Township Manager
|
B. If so requested by the Township, the grantee and any
contractor shall within 60 days of such request supply a copy of this
insurance policy of any of the insurance coverage required under this
section.
Nothing in this franchise shall be construed
to alienate the title of the public in and to any highway, street,
alley or public place. Nothing in this franchise shall be construed
in any manner as a surrender by the Township of its legislative power
with respect to the subject matter of this agreement or with respect
to any other matter or in any manner limiting the right of the Township
to lawfully regulate the use of any highway, street, alley or public
place in the Township.
Grantee may from time to time market electrical
service to customers with the Township which are not listed in Appendix
A, subject to all applicable ordinances, laws, statutes,
rules and regulations, provided that grantee first files with the
Township Clerk and amendment to Appendix A and provided grantee is
in current compliance with all terms of this ordinance.
Nothing in this ordinance shall be construed
as a waiver by grantee of any of its rights under state or federal
law. Grantee shall, as to all other conditions and elements of service
not addressed or fixed by this ordinance, remain subject to the rules
and regulations applicable to electric service by the Michigan Public
Service Commission, or its successor. Grantee shall provide the Township
with copies of all documents which grantee sends to the Michigan Public
Service Commission and copies of all orders, decisions, or correspondence
grantee receives from the Michigan Public Service Commission. Grantee
shall permit Township inspection and examination of all records it
is required to maintain or file under Michigan Public Service Commission
rules and regulations.
Upon acceptance and publication this ordinance
shall constitute a contract between the Township and the grantee and
grantee's acceptance of the terms of the ordinance shall be indicated
by its application to the Township requesting permission to market
electricity within the Township.
This franchise may not be leased, assigned or
transferred.
This franchise shall be revocable, upon 60 days'
written notice to the grantee, by the Township. The Township may repeal
this ordinance for misuse, nonuse or failure to comply with its provisions
and may amend the terms of this ordinance in the future.
Any and all sections, terms, provisions, or
clauses of this franchise shall be deemed independent and severable.
If any court of competent jurisdiction holds any section, term, provision
or clause void or invalid, all remaining sections, terms, provisions,
or clauses not held void or invalid shall continue in full force and
effect.
Grantee must notify the Township in writing
within 90 days of the expiration of the term of the franchise granted
by this ordinance if it intends to renew its franchise with the Township.
This ordinance shall take effect the day following
the date of publication of this ordinance or a summary of this ordinance.