Section
1. Time limitation.
No franchise shall be granted by the village for a longer period than
30 years.
State law references: Franchises limited to thirty (30) years, Mich.
Const., 1963, art. VII, § 30.
Section
2. When vote required.
No franchise which is not revocable at the will of the village, shall
be granted or become operative until the same shall have been referred
to the people at a general or special election and has received the
approval of three-fifths of the electors voting thereon at such election.
State law references: Submittal of franchise to electors required if
irrevocable, Mich. Const., 1963, art. VII, § 25.
Section
3. No exclusive franchises.
No person, firm or corporation shall ever be granted any exclusive franchise.
Section
4. Reservations.
The grant of every franchise shall be subject to the right of the village,
whether in terms reserved or not, to make all regulations which shall
be necessary to secure in the most ample manner the safety, welfare
and accommodation of the public, including among other things, the right
to pass and enforce ordinances to require proper and adequate extensions
of the service of such grant, and to protect the public from danger
or inconvenience in the operation of any work or business authorized
by the grant of the franchise, and the right to make and enforce all
such regulations as shall be reasonably necessary to secure adequate,
sufficient and proper service, extensions and accommodations for the
people and insure their comfort and convenience.
Section
5. Permits revocable.
The council may grant a permit at any time, in or upon any street, alley,
or public place, provided such permit shall be revocable by the council
at its pleasure at any time, whether such right to revoke be expressly
reserved in said permit or not.
Section
6. To be made by ordinance.
All contracts, granting or giving any original franchise, or extending
or renewing or amending any existing franchise, shall be made by ordinance
and not otherwise. Every such ordinance granting a franchise shall be
accepted in writing by the grantee before said ordinance takes effect,
and if it is to be submitted to the electors, it shall be so accepted
before its submission. Such acceptance shall be filed with the clerk.
Any failure to accept in accordance with this section within ten days
after the passage of the ordinance shall automatically annul such permit
or franchise.
Section
7. Assignment of franchise.
No franchise, granted by the village, shall ever be leased, assigned
or otherwise alienated except in accordance with the express provisions
of such franchise, and franchises granted by the village may provide
how, and in what manner, and under what conditions such franchise may
be leased, assigned, or alienated, and no dealing with the lessee or
assignee on the part of the village which shall recognize the performance
of any act or payment of any compensation by the lessee or assignee,
shall be deemed to have operated as a consent to such lease, assignment
or alienation.
Section
8. Modification of franchise.
No change or modification of any franchise or grant of rights or powers
previously granted to any corporation, firm, person, or association
of persons shall be made, except in the manner and subject to all conditions
herein provided for, in making of original grants and franchises.
Section
9. Use by others.
The village, by and through its council shall have the power to require
any corporation holding a franchise from the village, to allow the use
of its poles and wires by any other corporation to which the village
shall grant a franchise, subject to reasonable regulations and upon
the payment of a reasonable rental therefor.
Section
10. Where election required.
The village shall not have power to submit a franchise to the electors
at a special election unless the expense of holding the election, as
determined by the council, shall be paid in advance by the grantee in
said franchise to the village treasurer.
