Loading...
(a) No Burden on Public Ways. The grantee and its contractors, subcontractors and the grantee's electric system shall not unduly burden or interfere with the present or future use of any of the public ways within the City of Wayne. The grantee shall erect and maintain its electric system so as to cause minimum interference with the use of the public ways and with the rights or reasonable convenience of property owners. No public way shall be obstructed longer than necessary during the work of construction or repair to the electric system. The grantee's cable, wires, structures and equipment shall be suspended or buried so as to not endanger or injure persons or property in the public ways. If the City in its reasonable judgment determines that any portion of the electric system constitutes an undue burden or interference, the grantee at its expense shall modify its electric system or take such other actions as the City may determine is in the public interest to remove or alleviate the burden, and the grantee shall do so within the time period established by the City.
(b) Restoration of Public Ways. The grantee and its contractors and subcontractors shall immediately restore, at the grantee's sole cost and expense and in a manner approved by the City, any portion of the public ways that is in any way disturbed, damaged, or injured by the construction, operation, maintenance or removal of the electric system to as good or better condition than that which existed prior to the disturbance. In the event that the grantee, its contractor or subcontractors fail to make such repair within the time specified by the City, the City shall be entitled to complete the repair and the grantee shall pay the costs of the City for such repair.
(c) Easements. Any easements over or under private property necessary for the construction or operation of the electric system shall be arranged and paid for by the grantee. Any use or intrusion on private property without an easement or other instrument evidencing permission of the property owner shall constitute a trespass by the grantee and a violation of this chapter. Any easements over or under property owned by the City other than the public ways shall be separately negotiated with the City.
(d) Tree Trimming. The grantee may trim trees upon and overhanging the public ways so as to prevent the branches of such trees from coming into contact with the electric system. The grantee shall minimize the trimming of trees to trimming only those that are essential to maintain the integrity of its electric system. No trimming shall be done in the public ways without previously informing the City.
(e) Pavement Cut Coordination; Additional Fees. The grantee shall coordinate its construction program and all other work in the public ways with the City's program for street construction, rebuilding, resurfacing and repair (collectively, "street resurfacing"). The grantee shall meet with the official of the City primarily responsible for the public ways at least twice per year to this end.
The goals of such coordination shall be to require the grantee to conduct all known work in the public ways in conjunction with or immediately prior to any street resurfacing planned by the City, and to prevent the public ways from being disturbed by the grantee for a period of years after such street resurfacing.
In addition to any other fees or payments required by this chapter, the grantee shall pay to the City the sum of ten dollars ($10.00) for each foot cut into or excavation of any public way, or portion thereof, which was subject to street resurfacing within eighteen months prior to such cut or excavation. This fee is in addition to and not in lieu of the obligation to restore the public ways and is in addition to all other fees required by this chapter or any other ordinances of the City.
(f) Marking. The grantee shall mark its electric system as follows: Aerial portions of the electric system shall be marked with a marker on its lines on alternate poles which shall state the grantee's name and provide a toll-free number to call for assistance. Direct buried underground portions of the electric system shall have (1) a conducting wire placed in the ground at least several inches above the grantees's cable or wire (if such cable or wire is non-conductive); (2) at least several inches above that a continuous colored tape with the grantee's name and a toll-free number and a statement to the effect that there is buried cable beneath; and (3) stakes or other appropriate aboveground markers with the grantee's name and a toll-free number indicating that there is buried cable below.
(g) Compliance With Laws. The grantee shall comply with all laws, statutes, ordinances, rules and regulations regarding the installation, construction, ownership or use of its electric system, whether Federal, State or local, now in force or which hereafter may be promulgated (including, without limitation, any ordinance requiring the installation of additional conduit when the grantee installs underground conduit for its electric system). Before any installation is commenced, the grantee shall secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the City or other governmental entity as may be required by law, including, without limitation, all utility line permits and highway permits. The grantee shall comply in all respects with applicable codes and industry standards, including, but not limited to, the National Electrical Safety Code (latest edition) and the National Electrical Code (latest edition). The grantee shall comply with all zoning and land use ordinances and historic preservation ordinances as may exist or may hereafter be amended.
(h) Street Vacation. If the City vacates or consents to the vacation of a street or alley within its jurisdiction, and such vacation necessitates the removal and relocation of the grantee's facilities in the vacated public way, the grantee agrees, as a condition of this chapter, to consent to the vacation and to move its facilities at its sole cost and expense when asked to do so by the City or a court of competent jurisdiction. The grantee shall relocate its facilities to such alternative route as the City, acting reasonably and in good faith, shall designate.
(i) Relocation. If the City requests the grantee to relocate, protect, support, disconnect, or remove its facilities because of street or utility work, the grantee shall relocate, protect, support, disconnect, or remove its facilities, at its sole expense, to such alternate route as City, acting reasonably and in good faith, shall designate.
(j) Public Emergency. The City shall have the right to sever, disrupt, dig up or otherwise destroy facilities of the grantee, without any prior notice, if such action is deemed necessary because of a public emergency. Public emergency shall be any condition which, in the opinion of any of the officials named, poses an immediate threat to the lives or property of the citizens of the City, caused by any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, hazardous material spills, etc., the grantee shall be responsible for repair at its sole expense of any of its facilities damaged pursuant to any such action taken by the City.
(k) MISS DIG. If eligible to join, the grantee shall subscribe to and be a member of "MISS DIG", the association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as amended, MCL 460.701 et seq., and shall conduct its business in conformance with the statutory provisions and regulations promulgated thereunder.
(l) Use of Existing Facilities; Compensation to City. The grantee shall utilize existing poles, conduits, and other facilities wherever practicable, and shall not construct or install any new, different, or additional poles, or other facilities unless expressly authorized by the City. Where existing utility wiring is located underground, either at the time of initial construction or subsequent thereto, the grantee's electric system shall also be located underground unless otherwise expressly authorized by the City. In the event the grantee desires to utilize existing poles, conduits or other facilities owned by the City, the grantee shall be obligated to pay the existing standard charge for attachment to, placement in, or other use of those facilities.
To the extent that the grantee chooses to construct its own utility wiring or other new facilities, the grantee agrees to compensate the City for use of the public rights-of-way. Unless otherwise agreed by the City and the grantee, the compensation shall be paid at the same rate per linear foot of wiring or other facilities installed as that rate which is charged to telecommunications providers under the then-current City ordinance regulating telecommunications systems.
(m) Underground Relocation. If the grantee has its facilities on Detroit Edison or any other public utility company's above-ground utility poles and the owner of said poles relocates its facilities to an underground conduit, the grantee shall relocate its facilities underground in the same location.
(n) Pole/Conduit License Agreement; Notification. If the grantee forfeits or otherwise loses its rights under a pole/conduit license agreement with Detroit Edison or any other entity, the grantee shall notify the City, in writing, within ten days.
(o) Employee Identification. All personnel of the grantee or its contractors or subcontractors who have as part of their normal duties contact with the general public shall wear on their clothing a clearly visible identification card bearing their name and photograph. The grantee shall account for all identification cards at all times. Every service vehicle of the grantee, its contractors or subcontractors shall be clearly identified as such to the public.
(Ord. 2000-02. Passed 1-18-00.)
(a) City Not Liable. The City, and its agents, employees, and contractors, shall not be liable to the grantee or the grantee's customers for any interference with or disruption in the operation of the grantee's electric system, or the provision of service over or through the electric system, or for any damages arising out of the grantee's use of the public ways.
(b) Indemnification. As part of the consideration for of this chapter, the grantee shall defend, indemnify, protect and hold harmless the City, its officers, agents, employees, departments, boards, and commissions from any and all claims, losses, liabilities, causes of action, demands, judgments, decrees, proceedings, and reasonable expenses of any nature (including, without limitation, actual fees and expenses of attorneys, expert witnesses and consultants), arising out of or resulting from the acts or omissions of the grantee, its officers, agents, employees, contractors, successors, or assigns, but only to the extent of the fault of the grantee, its officers, agents, employees, contractors, successors, or assigns.
(c) Assumption of Risk. The grantee undertakes and assumes for its officers, agents, contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or about any City-owned or controlled property, including public ways, and the grantee hereby agrees to indemnify and hold harmless the City against and from any claim asserted or liability imposed upon the City for personal injury or property damage to any person arising out of the installation, operation, maintenance or condition of the electric system or the grantee's failure to comply with any Federal, State or local statute, ordinance or regulation.
(d) Notice, Cooperation and Expenses. The City shall give the grantee prompt notice of the making of any claim or the commence of any action suit or other proceeding covered by the provisions of this section.
Nothing herein shall be deemed to prevent the City from cooperating with the grantee and participating in the defense of any litigation by City's own counsel.
The grantee shall pay all expenses incurred by the City in defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by or on behalf of the City's attorney(s), and the actual expenses of the City's agents, employees or expert witnesses, and disbursements and liability assumed by the City in connection with such suits, actions or proceedings.
(Ord. 2000-02. Passed 1-18-00.)
The grantee shall, at the time of ownership or construction of any system, equipment, lines, and/or buildings independent of its use of the existing transmission and distribution system, obtain and maintain in full force and effect, for the entire effective period of this chapter, the following insurance covering all insurable risks associated with its ownership and use of its electric system:
(a) A comprehensive general liability insurance policy, including completed operations. Liability, independent contractors liability, contractual liability coverage and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage, in an amount not less than five million dollars ($5,000,000).
(b) An automobile liability insurance policy to cover any vehicles used in connection with its activities under this chapter, in an amount not less than two million dollars ($2,000,000).
(c) Workers' compensation and employer's liability insurance with statutory limits. The City shall be named as an additional insured in all applicable policies. All insurance policies shall provide that they shall not be canceled or modified unless thirty days prior written notice is given to the City. The grantee shall provide the City with a certificate of insurance evidencing such coverage as a condition of this chapter and shall maintain on file with the City a current certificate. All insurance shall be issued by insurance carriers licensed to do business by the State of Michigan or by surplus line carriers on the Michigan Insurance Commission approved list of companies qualified to do business in Michigan. All insurance and surplus line carriers shall be rated A+ or better by A.M. Best Company.
(Ord. 2000-02. Passed 1-18-00.)
The grantee shall be entitled to charge the inhabitants of the City for electricity furnished at the rates approved by the Michigan Public Service Commission, which body, or its successors, have authority and jurisdiction to fix and regulate electrical rates and promulgate rules regulating such service in the City.
(Ord. 2000-02. Passed 1-18-00.)
The grantee shall be and remain subject to all ordinances, rules and regulations of the City now in effect or which might subsequently be adopted for the regulation of land uses or for the protection of the health, safety and general welfare of the public; provided, however, that nothing herein shall be construed as a waiver by the grantee of any of its existing or future rights under Michigan or Federal law or a limitation upon the existing or future powers of the City pursuant to its charter or Michigan or Federal law.
(Ord. 2000-02. Passed 1-18-00.)
(a) Jurisdiction. The grantee shall, as to all other conditions and elements of service not addressed or fixed by this chapter, remain subject to the rules and regulations applicable to electric service promulgated by the Michigan Public Service Commission, or its successor bodies.
(b) Filing. The grantee shall provide the City with copies of all documents which the grantee sends to the Michigan Public Service Commission and copies of all orders, decisions, or correspondence the grantee receives from the Public Service Commission. The grantee shall permit City inspection and examination of all records it is required to maintain or file under Michigan Public Service Commission rules and regulations.
(Ord. 2000-02. Passed 1-18-00.)
Loading...