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Village of New Haven, MI
Macomb County
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[Adopted 10-10-2000 by Ord. No. 268]
Permission is hereby granted to DTE Energy Marketing, Inc. a Michigan corporation, its successors and assigns to construct, maintain and operate in the public streets, highways, alleys and other public places in the Village of New Haven, Macomb County, Michigan, all needful and proper poles, towers, wires, pipes, mains, conduits and all such lines and other apparatus requisite for the transmission, transforming and distribution of electricity for public and private use, and to transact a local electric business within said Village of New Haven, subject, however, to all conditions and restrictions hereinafter contained.
The conditions of the foregoing grant are as follows:
A. 
The grantee shall do no injury to any street, highway, alley or other public place, or to any shade trees, or in any manner disturb or interfere with any water or gas pipes, or with any public or private sewer, now or hereafter laid or constructed by any authorized person or corporation.
B. 
To ensure the reliability of service and the safety of the general public, line clearance of trees shall be done in compliance with all existing governmental laws, ordinances, rules and regulations.
C. 
The construction of the lines shall be in accordance with the rules and regulations of the Michigan Public Service Commission or its successor.
D. 
The grantee, before entering upon any street, highway, alley or other public place for the purpose of erecting and constructing any poles, wires, pipes, mains, conduits, or other apparatus, shall notify, in writing, the Village of New Haven or its representatives of the proposed construction, and shall, if the Village of New Haven so requires, file with them a sufficient plan and specification, showing the nature and extent of the proposed erection and construction.
E. 
No street, highway, alley or public place shall be allowed to remain open or encumbered by the construction work of the grantee for a longer period than shall be necessary to execute the work, and the grantee shall at all times conform to all ordinances of the Village of New Haven, now or hereafter in force, relative to the fencing and lighting of obstructions and excavations.[1]
[1]
Editor's Note: See Ch. 450, Streets and Sidewalks, Art. III, Excavations and Openings.
F. 
The grantee shall save the Village of New Haven harmless from any judgment that may be recovered against the Village of New Haven by reason of wrongdoing or negligence of the grantee in the erection and maintenance of said poles, mains, wires and other apparatus or construction.
G. 
Said grantee shall make due provisions, upon five days' notice in writing, by raising its wires or otherwise, for the passage of any barn, building or other structure on or over any street, highway, or public place occupied by the poles, mains, wires, and other apparatus of said grantee.
In consideration of the granting of this franchise, grantee agrees that its rates and charges for electric service in the Village of New Haven shall not exceed its rates and charges for like service elsewhere in its service area, as evidenced by its uniform rate schedules at the time on file with and approved by the Michigan Public Service Commission. It is understood that the grantee is subject to regulation by the Michigan Public Service Commission, or its successor, which will prevail over any regulation herein contained or provided for in case of conflict.
This grant shall take effect if said grantee shall, within 15 days from the date of the passage of this ordinance, file with the Village Clerk, its written acceptance of the terms of the same after publication as required by law.
This franchise and ordinance shall be and remain revocable by the Village of New Haven, Macomb County, Michigan, for any reason whatsoever.
Nothing in this grant shall be construed to alienate the title of the public in and to any street, highway, alley or public place or any portion thereof, neither shall anything herein be construed in any manner as a surrender by the Village of New Haven of its legislative power with respect to the subject matter hereof, or with respect to any other matter whatsoever; nor as in any manner limiting the right of the said Village of New Haven to lawfully regulate the use of any street, avenue, highway or public place within its jurisdiction, as to all other matters.