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Webster Twp: Adoption of Consumers Energy Franchise Ordinance
WEBSTER TOWNSHIP, WASHTENAW COUNTY, MICHIGAN
NOTICE OF ADOPTION OF CONSUMERS ENERGY COMPANY GAS FRANCHISE ORDINANCE
Ordinance No. 01-24
At a regular meeting of the Webster Township Board, Washtenaw County Michigan, held at the Webster Township Hall on March 19, 2024 at 7:00p.m., Board Member Harms moved to adopt the following Ordinance seconded by Board Member Munzel: Roll Call Vote: Munzel, Kingsley, Scharf, Westman, Harms, Vrsek, all ayes, Calleja absent, and ordinance declared adopted.
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 road rights of way including but not limited to highways, streets, alleys, and bridges, and to conduct a local gas business in the TOWNSHIP OF WEBSTER, WASHTENAW COUNTY, MICHIGAN, for a period of 30 years.
WEBSTER TOWNSHIP, WASHTENAW COUNTY, MICHIGAN ORDAINS:
SECTION 1: GRANT and TERM
SECTION 2: CONDITIONS
SECTION 3: INDEMNIFICATION and DUTY TO DEFEND
SECTION 4: EXTENSIONS
SECTION 5: FRANCHISE NOT EXCLUSIVE
SECTION 6: RATES and CONDITIONS
SECTION 7: REVOCATION.
The franchise granted by this Ordinance is subject to revocation at will upon 60 days written notice by either party. Upon revocation this Ordinance shall be considered repealed and of no effect past, present or future. Upon revocation or termination provided herein or at the expiration of the term for which the franchise under this Ordinance is granted and to the extent such action is permissible under current applicable law, the Township may order Consumers, in writing to remove any and all portions of its local distribution natural gas facilities located within the Township and/or authorized hereunder. Consumers may recover reasonable costs of such removal in any legally permissible manner.
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 April 4, 2024.
SECTION 11: SEVERABILITY. If any provision of this Ordinance is to any extent illegal, otherwise invalid, or incapable of being enforced, such provision shall be excluded to the extent of
such invalidity or unenforceability; all other provisions of this Ordinance shall remain in full force and effect.
A true copy of said ordinance can be viewed at the Webster Township Hall, 5665 Webster Church Rd, Dexter, Mi. 48130 during regular business hours Monday-Thursday 8:00am-4:00pm or online at
John Kingsley, Webster Township Supervisor
