WINDSOR CHARTER TOWNSHIP

EATON COUNTY, MICHIGAN

CONSUMERS ENERGY COMPANY ELECTRIC FRANCHISE ORDINANCE

Ordinance No. 53

At a meeting of the Township Board of Windsor Charter Township, Eaton County, Michigan, held at the Windsor Charter Township Hall on July 14, 2026, at 7:00 p.m., Barnhart-Smith moved to introduce the following Ordinance for posting, publication, and subsequent final adoption, which motion was seconded by Slucter:

AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY, its successors and assigns, the right and authority to construct, maintain and commercially use electric lines and related facilities including but not limited to towers, masts, poles, crossarms, guys, wires and transformers on, under, along, and across public places including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local electric business in the CHARTER TOWNSHIP OF WINDSOR, EATON COUNTY, MICHIGAN, for a period of thirty years.

WINDSOR CHARTER TOWNSHIP, EATON COUNTY, MICHIGAN, ORDAINS:

SECTION 1. GRANT and TERM. The CHARTER TOWNSHIP OF WINDSOR, EATON COUNTY, MICHIGAN, hereby grants to Consumers Energy Company, its successors and assigns, hereinafter called “Consumers" the right and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, crossarms, guys, wires and transformers on, under, along, and across public places including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local electric business in the CHARTER TOWNSHIP OF WINDSOR, EATON COUNTY, MICHIGAN, for a period of thirty years.

SECTION 2. CONDITIONS. No public place used by Consumers shall be obstructed longer than necessary during construction or repair, and shall be restored to the same order and condition as when work was commenced. All of Consumers’ electric lines and related facilities shall be placed so as not to interfere with the public’s use of public places unnecessarily. Consumers shall have the right to trim or remove trees, if necessary, in the conduct of such business.

SECTION 3. HOLD HARMLESS. Consumers shall save the Charter Township free and harmless from all loss, costs, and expenses to which it may be subject by reason of the negligent construction and maintenance of the lines and related facilities hereby authorized. In case any action is commenced against the Charter Township on account of the permission herein given, Consumers shall, upon notice, defend the Charter Township and its representatives and hold them harmless from all loss, costs, and damage arising out of such negligent construction and maintenance.

SECTION 4. EXTENSIONS. Consumers shall construct and extend their electric distribution system within said Charter Township, and shall furnish electric service to applicants residing therein in accordance with applicable laws, rules and regulations.

SECTION 5. FRANCHISE NOT EXCLUSIVE. The rights, power, and authority herein granted are not exclusive.

SECTION 6. RATES and CONDITIONS. Consumers shall be entitled to provide electric service to the inhabitants of the Charter Township at the rates and pursuant to the conditions as approved by the Michigan Public Service Commission. Such rates and conditions shall be subject to review and change upon petition to the Michigan Public Service Commission.

SECTION 7. REVOCATION. The franchise granted by this ordinance is subject to revocation upon sixty (60) days' written notice by either party. Upon revocation, this ordinance shall be considered repealed and of no effect in the past, present, or future.

SECTION 8. MICHIGAN PUBLIC SERVICE COMMISSION JURISDICTION. Consumers remain subject to the reasonable rules and regulations of the Michigan Public Service Commission applicable to electric service in the Charter Township, and those rules and regulations preempt any term of any ordinance of the Charter Township to the contrary.

SECTION 9. REPEALER. This ordinance, when enacted, shall repeal and supersede the provisions of any previous Consumers’ electric franchise ordinance adopted by the Charter Township, including any amendments.

SECTION 10. EFFECTIVE DATE. This Ordinance shall take immediate effect after publication of a notice of adoption of this Ordinance in the local newspaper.

YEAS: Barnhart-Smith, Shaw, Rumsey, Pray & Slucter

NAYS: None

ABSENT/ABSTAIN: Myers, Gardener

INTRODUCED FOR FIRST READING, POSTING, PUBLICATION AND SUBSEQUENT FINAL ADOPTION.

Attest:

I, Meredith Barnhart-Smith, Clerk of the CHARTER TOWNSHIP OF WINDSOR, EATON COUNTY, MICHIGAN, DO HEREBY CERTIFY that the ordinance granting Consumers Energy Company an electric franchise was properly introduced by the Charter Township Board of the CHARTER TOWNSHIP OF WINDSOR, EATON COUNTY, MICHIGAN, and that all proceedings were regular and in accordance with all legal requirements.

_______________________________________

Meredith Barnhart-Smith, Charter Township Clerk

Dated: July 14, 2026