REVOCABLE GAS FRANCHISE
TOWNSHIP OF ATLAS,
GENESEE COUNTY, MICHIGAN
Meeting of Township Board
Franchise Ordinance passed
Within 30 days
Publish complete franchise ordinance (in full)
ORDINANCE NO. 19-01
CONSUMERS ENERGY COMPANY GAS FRANCHISE ORDINANCE
AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY, its successors and assigns, the right and authority to lay, maintain and commercially operate gas lines and facilities including but not limited to mains, pipes, services and on, under, along, and across public places including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local gas business in the TOWNSHIP OF ATLAS, GENESEE COUNTY, MICHIGAN, for a period of thirty years.
THE TOWNSHIP OF ATLAS ORDAINS:
SECTION 1. GRANT and TERM. The TOWNSHIP OF ATLAS, GENESEE COUNTY, MICHIGAN, hereby grants to Consumers Energy Company, its successors and assigns, hereinafter called “Consumers” the right and authority to lay, maintain and commercially operate gas lines and facilities including but not limited to mains, pipes, services and valves on, under, along, and across public places including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local gas business in the TOWNSHIP OF ATLAS, GENESEE COUNTY, MICHIGAN, for a period of thirty years.
SECTION 2. CONDITIONS. No public place used by Consumers shall be obstructed longer than necessary during construction or repair, and shall be restored to the same order and condition as when work was commenced. All of Consumers’ gas lines and related facilities shall be placed as not to unnecessarily interfere with the public’s use of public places. Consumers shall have the right to trim or remove trees if necessary in the conducting of such business.
SECTION 3. HOLD HARMLESS. Consumers shall 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 lines and related facilities hereby authorized. In case any action is commenced against the Township on account of the permission herein given, Consumers shall, upon notice, defend the Township and its representatives and hold them harmless from all loss, costs and damage arising out of such negligent construction and maintenance.
SECTION 4. EXTENSIONS. Consumers shall construct and extend its gas distribution system within said Township, and shall furnish gas service to applicants residing therein in accordance with applicable laws, rules and regulations.
SECTION 5. FRANCHISE NOT EXCLUSIVE. The rights, power and authority herein granted, are not exclusive.
SECTION 6. RATES and CONDITIONS. Consumers shall be entitled to provide gas service to the inhabitants of the Township at the rates and pursuant to the conditions as approved by the Michigan Public Service Commission. Such rates and conditions shall be subject to review and change upon petition to the Michigan Public Service Commission.
SECTION 7. REVOCATION. The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by either party. Upon revocation this ordinance shall be considered repealed and of no effect past, present or future.
SECTION 8. MICHIGAN PUBLIC SERVICE COMMISSION JURISDICTION. Consumers remains subject to the reasonable rules and regulations of the Michigan Public Service Commission applicable to gas service in the Township and those rules and regulations preempt any term of any ordinance of the Township to the contrary.
SECTION 9. REPEALER. This ordinance, when enacted, shall repeal and supersede the provisions of any previous Consumers’ gas franchise ordinance adopted by the Township including any amendments.
SECTION 10. EFFECTIVE DATE. This ordinance shall take effect on November 18, 2019.
We certify that the foregoing Franchise Ordinance was duly enacted by the Township Board of the TOWNSHIP OF ATLAS, GENESEE COUNTY, MICHIGAN, on the 18th day of November, 2019.
Teresa Onica, Township Supervisor
I, Katherine M. Vick, Clerk of the TOWNSHIP OF ATLAS, GENESEE COUNTY, MICHIGAN, DO HEREBY CERTIFY that the ordinance granting Consumers Energy Company, a gas franchise, was properly adopted by the Township Board of the TOWNSHIP OF ATLAS, GENESEE COUNTY, MICHIGAN, and that all proceedings were regular and in accordance with all legal requirements.
Katherine M. Vick, Township Clerk
Dated: November 18, 2019
Publish in The Citizen 11-30-19