RC City Council Proceedings

MINUTES OF THE REGULAR MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL CHAMBERS ON TUESDAY, NOVEMBER 7, 2017

Mayor Sobeck presided and called the meeting to order at 7 p.m.

PRESENT – Adair, Bielas, McLennan, Nowak and Sobeck.

APPROVAL OF MINUTES

Nowak/Bielas, that the minutes of the Regular Council Meeting of October 17, 2017 be approved as written.  ROLL CALL: Ayes – All, the motion carried.

CITY CLERK’S REPORT:

CHECK AND INVOICE APPROVAL:

McLennan/Adair, that the following total fund expenditures be recognized as payments made and payments to be made, in the amount of $439,166.90 and the Mayor authorized to sign the check register.  ROLL CALL: Ayes – All, the motion carried.

CITY ATTORNEY’S REPORT:

RESOLUTION NO. 2017-107

A motion was made by Council Member Nowak, seconded by Council Member McLennan, that the electric service be turned off at the old water tower.

ROLL CALL: Ayes – All, the motion carried.

MAYOR:

RESOLUTION NO. 2017-108

Nowak/Adair, to appoint Council Member Scott McLennan to the Rogers City Area Fire Department Authority effective November 7, 2017.

ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS:

CONSUMERS ENERGY FRANCHISE ORDINANCE

ORDINANCE NO. 2017-5

Bielas/Nowak.

CONSUMERS ENERGY COMPANY ELECTRIC FRANCHISE ORDINANCE

AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY, its successors and assigns, the right, power and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross arms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, under, along and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the CITY OF ROGERS CITY, PRESQUE ISLE COUNTY, MICHIGAN, for a period of thirty years.

THE CITY OF ROGERS CITY ORDAINS:

SECTION 1. GRANT, TERM.  The CITY OF ROGERS CITY, PRESQUE ISLE COUNTY, MICHIGAN, hereby grants the right, power and authority to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter called the “Grantee,” to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross arms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances for the purpose of transmitting, transforming and distributing electricity on, under, along and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the CITY OF ROGERS CITY, PRESQUE ISLE COUNTY, MICHIGAN, for a period of thirty years.

SECTION 2. CONSIDERATION.  In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof.

SECTION 3. CONDITIONS.  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 said work was commenced.  All of Grantee’s structures and equipment shall be so placed on either side of the highways as not to unnecessarily interfere with the use thereof for highway purposes.  All of Grantee’s wires carrying electricity shall be securely fastened so as not to endanger or injure persons or property in said highways.  The Grantee shall have the right to trim trees if necessary in the conducting of such business, subject, however, to the supervision of the highway authorities.

SECTION 4. HOLD HARMLESS.  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.

SECTION 5. EXTENSIONS.  Said Grantee shall construct and extend its electric distribution system within said City, and shall furnish electric service to applicants residing therein in accordance with applicable laws, rules and regulations.

SECTION 6. FRANCHISE NOT EXCLUSIVE.  The rights, power and authority herein granted, are not exclusive.

SECTION 7. RATES.  Said Grantee shall be entitled to charge the inhabitants of said City for electricity 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 electric 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.

SECTION 8. REVOCATION.  The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by the party desiring such revocation.

SECTION 9. MICHIGAN PUBLIC SERVICE COMMISSION, JURISDICTION.  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 electric service in said City.

SECTION 10. REPEALER.  This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of an electric ordinance adopted by the City on October 19, 1987 entitled:

AN ORDINANCE, granting to CONSUMERS POWER COMPANY its successors and assigns, the right, power and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross arms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, under, along and across the highways, streets, alleys, bridges and other public places, and to do a local electric business in the CITY OF ROGERS CITY, PRESQUE ISLE COUNTY, MICHIGAN, for a period of thirty years.

and amendments, if any, to such ordinance whereby an electric franchise was granted to Consumers Energy Company.

SECTION 11. EFFECTIVE DATE.  This ordinance shall take effect upon the day of final adoption; provided, however, it shall cease and be of no effect after thirty days from its adoption unless within said period the Grantee shall accept the same in writing filed with the City Clerk.  Upon acceptance and publication hereof, this ordinance shall constitute a contract between said City and said Grantee.

ROLL CALL: AYES – All, the motion carried.

LIBRARY BOARD APPOINTMENT

RESOLUTION NO. 2017-109

McLennan/Adair, to reappoint Jeff Hopp to the Presque Isle County Library Board of Trustees.

ROLL CALL: Ayes – All, the motion carried.

ADJOURNMENT:

Mayor Sobeck declared the meeting adjourned at 7:37 p.m.

TERRI L. KOSS, CITY CLERK/TREASURER