The Village of Bellevue, Eaton 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 Village of Bellevue, Eaton 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 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 Village 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 Village on account of the permission herein given, said Grantee
shall, upon notice, defend the Village 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 Village 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 Village for electric 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 Village, 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 Village, acting by its Village Council,
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 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 Village.
This Ord. No. 2006-004, when accepted and published as herein
provided, shall repeal and supersede the provisions of an electric
ordinance adopted by the Village on January 13, 1976, 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 Village of Bellevue, Eaton
County, Michigan, for a period of 30 years," and amendments, if any,
to such ordinance whereby an electric franchise was granted to Consumers
Energy Company.
This chapter 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 Village Clerk.
Upon acceptance and publication hereof, this chapter shall constitute
a contract between said Village and said Grantee.