ORDINANCE NO. .9. g
CONSUMERS ENERGY COMPANY ELECTRIC FRANCHISE ORDINANCE
AN ORDINANCE, granting to CONSUMERS ENERGY 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 waterways. and other
public places, and to do a local electric business in the TOWNSHIP OF NORWICH,
MISSAUKEE COUNTY, MICHIGAN, for a period of thirty years.
THE TOWNSHIP OF NORWICH ORDAINS:
SECTION I. GRANT. TERM. The TOWNSHIP OF NORWICH, MISSAUKEE 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 TOWNSHIP OF NORWICH, MISSAUKEE COUNTY, MICHIGAN, for a period of thirty years.
SECTION 2. CONSIDERATION. In consideration of the rights, power and authority hereby granted, said
Grantee shall faithfully perform all things required by the terms hereof.
SECTION 3. CONDITIONS. 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.
SECTION 4. HOLD HARMLESS. 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 structures and equipment hereby authorized. In case any action is commenced against the
Township on account of the permission herein given, 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. EXTENSIONS. Said Grantee shall construct and extend its electric distribution system within
said township, and shall furnish electric service to applicants residing therein in accordance with applicable laws, rules
and regulations.
SECTION 6. FRANCHISE NOT EXCLUSIVE. The rights, power and authority herein granted, are not
exclusive.
SECTION 7. RATES. Said Grantee shall be entitled to charge the inhabitants of said township for electric
furnished therein. the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to Ex 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 8. REVOCATION, The franchise granted by this ordinance is subject to revocation upon sixty
(60) days written notice by the parry desiring such revocation.
,
SECTION 9.
I A. - PUB IC SE VI E COMM SSI• N JU I DIC ION. 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
Townhsip.
SECTION 10.
REPEALER. This ordinance, when accepted and published as herein provided, shall
repeal and supersede the provisions of a electric ordinance adopted by the Township Board on January 6, 1969
entitled;
AN ORDINANCE, granting to CONSUMERS POWER COMPANY, its successors
and assigns, the right, power, and authority to construct, maintain, arid commercially
use electric lines consisting of towers, masts, poles, crossarms, guys, braces, wires,
transformers and other electrical appliances on, along, and across, the highways,
streets, alleys, bridges, and other public places, and to do a local electric business in
the TOWNSHIP OF NORWICH, MISSAUKEE COUNTY, MICHIGAN, for a period
of thirty years.
and amendment , if any, to such ordinance whereby a electric franchise was granted to Consumers Energy Company.
SECTION 11.
EFF T V DAT
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 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.
We certify that the foregoing Franchise Ordinance was duly enacted iy the Township Board of the
TOWNSHIP OF NORWICH, MISSAUKEE COUNTY, MICHIGAN, on the day of i:=0/1‘.3 c
1998.
Pe
Township Supervisor
Attest:
Lois Milne
Township Clerk
,
C PTANCE
TO ME TO NSFHP BOARD OF T E TO NSHIP OF NORWICH, S At KEE COUNTY,
MICHIG
Th Co - umers Energy Comp ny, her eby a epts the franchise granted to it by your Township
I3o d on the
, 1998, which said franchise is entitled as follows:
day of
AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY,
successors and assigns, the right, power and authority to construct, maintain
and conmlercially use electric lines consisting of towers, masts, poles,
rossarms, guys, braces, feeders, transmission and distribution wires,
ansformers and other electrical appliances on, under, along and across the
highways, streets, alleys, bridges, waterways, and other public places, and to
do a local electric business in the TOWNSHIP OF NORWICH, MISSAUKEE
COUNTY, MICHIGAN, for a period of thirty years.
CONSUMERS ENERGY COMPANY
Carl L. English, Vic
resident
Electric Transmission Sz Distribution
Dated:
, 1998
3A
ACCEPTANCE
TO THE TOWNSHIP BOARD OF THE TO NSHIP OF NORWICH, MISSAUKEE COUNTY,
ICHIGAN
The Consumers Energy Company, hereby acc pts the franchise granted to it by your Township
Board, on the
day o
1998. which said franchise is entitled as fol o s:
AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY its
SUC essors and assigns, the right, power and authority to co nstruct. 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, waterways, and other public places, and to
do a local electric business in the TOWNSHIP OF NORWICH, MISSAUKEE
COUNTY, MICHIGAN, for a period of thirty years.
CONSUMERS ENERGY COMPANY
By
Dated:
4 1998.
,
s/ Carl L. English
Vice President
Electric Transmission & Distribution
CLE CERTIFICATION
STATE OF MICHIGAN
COUNTY OF MISSAUKEE
I,
2445
, Township Clerk of the TOWNSHIP OF NORWICH,
MISSAUKEE COUNTY, MICHIGAN, DO HEREBY CERTIFY that the annexed is a true and correct
copy of the ordinance granting Consumers Energy Company, a electric franchise, as adopted by the
Township Board at a regular m ing on the
411/1 day of
/(((
/
,
1998.
I FURTHER CERTIFY that the acceptance, a copy of which is attached hereto, was filed with me
as Township Clerk, on the z7(U)
1
day of
, 1998; that I have compared the attached
copies with the original records in my office, and that the same are true and correct transcripts therefrom.
I FURTHER CERTIFY that a copy of the foregoing ordinance was published, as appears by proof
thereof on file in my office, in the
I/
OF NORWICH, MISSAUKEE COUNTY. MICHIGAN, on the
a newspaper circulated in the TOWNSHIP
r
-day of
/
and that all of said proceedings were regular and in accordance with all legal requirements.
Lois Milne
Township Clerk
Dated:
, 1998;
'EMBER 13, I 0"8 TI1E MISS AUKEE SENTINEL PACE 17
ORDINANCE NO. 98-02
such business, subleci. tlow-,
CONStAltiLW, ENFRGY
COMPANY ITA al RIC
FRANCHISE ORDINANCE
\N ORDlNA1N4.• t gra ing to
rc't
- 4E4/ ( I);
issigns, 0 right_ :1
fl
hority to eti :TUC ." iaintain an
•merciany use Metric lines
;isting of towers, masts
crossarms, guys, braces
ers, transmission and distrimt
wires, traris.-rerrrers aml
, lectrical a
„In ces on
,
•
!AR .
to the supervision oi
authouinc.
SEC IION 4 I R )1,0
N-11.1:SS. Said ( ian ...sh
at all
tinkts
:he T. ,,,Nnp
:tss fon
pulse to -v Iicli
_
hy reason c
neglige , !
itruction and
tenana
tructures an.
authorized. I::
n is commence'.
pst
11'
111'' tti1.5' , ;(ii
L
,
def id the Towns
• :!H '
01:
A
WW-0) 1-UP (fi NCW-
cot:N.
\* ICH, NUYS
tiLleh.
ntanitcnark•e
for a .pcl iod
i i(?:N
Lircor,c,'
years
THE TOWNSH P 01-• NO
, B. ORDAINS
'RA
1
within said township
'tarnish electric sc.7 ,i,
:11)11 ,. - iints residing there , :"
TI
4OR
:701 ;ram
hori ,
ompari
in, its
MISSAIIKEE
,,' ■
iJOW
,onstim
flichiga
tnaf
nst
try
.
.ratc-;
transionne
al appliancL.
of transmittiiT, transfo •
and distributing electricity
-Hider, along and - :-7Dss thc
ways, streets, allo • • oridees_
tt•rvvays,
t:
laces, and to
N
•gosiness ii the
s-a
rules i.
said
ted fbI th,Such
la of this
and riiHs
id
,
.
a
therefot
tier .said
• ts Townshi
. cantee.
!OUNTY, MICH
eriod of thirty years.
hip
,
d
ICTION .2
•)ECTION 8 <1.••,'0.'..ATION.
P.PN. In -
franchise
po
ce
•
•
BLIC H ARINI
NOTICE
r harming
[ission will hold a Public
ing on November 23, 1998 at
7:00 n. for the purpose of
hearn.e, o-trnments from the public regal. • proposed amendment
Zoning
Ordii
2 and
9.02 ,.‘1,
dments
w d alk HorneOccupations,
Any v%::
be addix
Planning Commas • or •
Wiekend Zoning Administ
tnr
-
.
•
(.2
ttt..
itn,4
go highway, -street,
-vaterway or -other
TO•
- ised - by - said Grantc
-4,0-ructed longer *•••
rig the. work .et .
• - r, and shall IN
r and structures ant'
., tacet, .
thereol
. - sw: .
P CI
iductin
•
is sub
supers
ordmanc
idopteC • iship Boar
conlinuo
taitilabed from page 17
period of thirty years.
on January 6, 1969 entitled.
and amendments, if any, to
such ordinance whereby a deetnc franchise was granted to
Consumers Energy Company.
AN ORDINANCE, granting to
CONSUMERS POWER COM' PANY, its successors and assignees, the right, power, and
authority to temstruct, maintain,
and commercially use electric
'bnes consisting of towers, masts,
poles, crossarms, ply's, braces,
wires, transformers and other
electrical appliances on, along,
and across, the highways, streets,
alleys, bridges,. and other public
places, and to do a local electric
business in the TOWNSHIP OF
NORWICH, M1SSAUKEE
-. COUNTY, MICHIGAN, for a
SECTION 11. yFFECTIVE
DATE, 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 thirty days from its adoption unless within said pcriod 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.
We certify that that the forego':
ing Franchise Ordinance wat
_ duly enacted by the ToWitishit.
Board of the foWNSHIP Of
NORWICH, MISSAUKEI
COUNTY, MICHIGAN, on th(
'itth day of November, 199g..
si Penny Mail
..Penny. Blair,
1owiiship Supervisor
.
Attest
s/ Lois Milne
Lois Milne
Township Clerk
I/13t