[HISTORY: Adopted by the City Council of
the City of Roseville 5-26-2015 by Ord. No. 1279.[1] Amendments noted where applicable.]
CHARTER REFERENCES
Public utility franchises — See
Ch. 14.
GENERAL REFERENCES
Cable television — See Ch. A380.
The City of Roseville, Macomb County, Michigan, hereby grants
to the Consumers Energy Company, a Michigan corporation, its successors
and assigns, hereinafter called the "grantee," the right, power and
authority to lay, maintain and operate gas mains, pipes and services
on, along, across and under the highways, streets, alleys, bridges,
waterways, and other public places, and to do a local gas business
in the City of Roseville, Macomb 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 such work was commenced. All
of the grantee's pipes and mains shall be placed in the highways
and other public places as not to unnecessarily interfere with the
use thereof for highway purposes.
Said grantee shall at all times keep and save the City 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 City on account of the permission herein given, said grantee shall,
upon notice, defend the City 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 gas distribution
system within said City, and shall furnish gas to applicants residing
therein in accordance with applicable laws, rules and regulations.
The rights, power and authority herein granted, are not exclusive.
Either manufactured or natural gas may be furnished hereunder.
Said grantee shall be entitled to charge the inhabitants of
said City for gas 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 gas rates and rules
regulating such service in said City 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 City, acting by its City 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 gas or electric service in said City.
