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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 TOWNSHIP
OF SPRINGPORT, JACKSON COUNTY, MICHIGAN.
THE TOWNSHIP OF SPRINGPORT ORDAINS:
Section 1. The Township of Springport, Jackson County, Michigan,
hereby grants the right, power and authority to the Consumers
Power Company, a Michigan corporation, its successors and assigns,
hereinafter called the “Grantee,” to construct, maintain
and commercially use electric lines consisting of towers, mast,
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
and other public places, and to do a local electric business in
the Township of Springport, Jackson County, Michigan.
Section 2. In consideration of the rights, power and authority
hereby granted, said Grantee shall faithfully perform all things
required by the terms hereof.
Section 3. All of Grantee’s towers, mast and poles shall
be neat and sightly, and so placed on either side of the highways,
streets, alleys, and bridges as not to unnecessarily interfere
with the use thereof for highway, street and alley 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, streets and alleys. All work performed by said
Grantee in said highways, streets and alleys shall be done so
as not to interfere with the use thereof, and when completed,
the same shall be left in as good condition as when work was commenced.
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.
Section 4. 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 structure 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.
Section 5. Said Grantee shall be entitled to charge the inhabitants
of said Township for electric energy 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 Township, 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 Township,
acting by its Township Board, or by said Grantee.
Section 6. The rights, power and authority herein granted, are
not exclusive.
Section 7. The franchise granted by this ordinance is subject
to revocation upon sixty (60) days written notice by the party
desiring such revocation.
Section 8. 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 Township.
Section 9. This ordinance shall take effect upon the day after
the date of publication thereof, provided, it shall cease and
be of no effect after thirty 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 ordinance shall constitute a contract between said Township
and said Grantee.
Adopted January 13, 1986 |