The franchise agreement shall be in such form and contain such
terms and provisions as shall be approved by the Township Board. The
agreement may be adopted, and amended, by resolution of the Township
Board or by any other mode of adoption or amendment authorized or
required by law.
A grantee shall be awarded a franchise, pursuant to the provisions of § 148-5, either by resolution of the Township Board or by any other means authorized or required by law. The grantee shall be promptly notified of the award by the Township by written notice thereof, sent by registered or certified mail, which notice shall be accompanied by one or more copies of the franchise agreement.
A.
The franchise agreement shall be properly executed and delivered
to the Township by the grantee on or before 15 days after the date
the Township sends written notice of the award to the grantee, which
fifteen-day period may be extended by the Township Board for good
cause; provided, however, that the franchise agreement shall not become
effective until that specific date set forth in the franchise agreement.
B.
At the time of the delivery of the franchise agreement by the grantee
to the Township, the grantee shall pay to the Township all costs incurred
by the Township in the franchise process as provided in the franchise
agreement. All other payments which are to be made to the Township
by grantee shall similarly be made in accordance with the terms and
conditions of the franchise agreement.
C.
At the time of delivery of the franchise agreement as provided in
this section, the grantee shall also deliver all other monies and
all documents and instruments required by this chapter or by the franchise
agreement.
A.
Upon timely receipt by the Township from the grantee of the properly executed franchise agreement, together with the acceptance fee and such other monies, documents and instruments as may be required in accordance with § 148-10, the Township may execute the agreement and, upon execution thereof, shall deliver one fully executed copy to the grantee; provided, however, nothing herein shall prohibit the Township from revoking the award of the franchise prior to delivery of an executed copy of the franchise agreement to the grantee.
B.
In the event of any such revocation, which shall be accomplished
in the same manner as that used in granting the award, any funds and
all documents and instruments delivered by the grantee to the Township
in connection with the grantee's acceptance of the award shall
be returned forthwith to the grantee.
A.
The franchise agreement shall provide for a nonexclusive franchise
for a term of not less than 10 years, which term shall commence as
of the date set forth in the franchise agreement.
B.
The franchise agreement shall provide that, throughout the term of
the franchise, the grantee shall pay the Township a franchise fee
within 90 days after the end of each fiscal year of the grantee. The
fee shall not be less than 3% of the grantee's gross revenues
for each month. The grantee shall take any action with respect to
any federal or state agency which may be necessary or appropriate
to make the payment and receipt of such fees lawful. Acceptance of
any payment by the Township shall not be construed as a release of
or as an accord and satisfaction regarding any claim the Township
may have for further and additional sums payable as a franchise fee
or for the performance of any other obligation of the grantee under
this chapter or the franchise agreement.
C.
The franchise agreement shall, in substance, contain the following
express undertakings by the grantee:
(1)
That the grantee agrees to and accepts all provisions of this chapter
and waives any claim that any provision hereof is unreasonable, arbitrary,
invalid, or void;
(2)
That the grantee recognizes the right of the Township to make amendments
to this chapter during the term of the franchise pursuant to the terms
and conditions of the franchise agreement.
The franchise agreement shall contain such further conditions
or provisions as may be negotiated between the Township and the grantee
except that no such conditions or provisions shall conflict with any
provision of this chapter or other law. In the case of such conflict,
the provisions of this chapter or other law shall prevail over the
conflicting provision of the franchise agreement.
A.
Any franchise granted pursuant to this chapter shall be subject to
the right of the Township, by resolution of the Township Board, to
revoke the franchise for just cause. Just cause shall include, without
limitation:
(1)
A material violation by a grantee of any provision of the franchise
agreement or this chapter, or any rule, order, or determination of
the Township made pursuant thereto, where such violation shall remain
uncured pursuant to the terms and conditions of the franchise agreement.
(2)
Any attempt by a grantee to dispose of any of the facilities or property
of the system in contravention of the franchise agreement.
(3)
The commission of any fraud or deceit upon the Township.
B.
Any franchise granted hereunder shall be subject to all applicable
provisions of other Township ordinances made pursuant to the police
power of the Township, and any amendments thereto, whether made prior
to or after the inception of the franchise.
C.
Any franchise granted hereunder shall be subject to the following
additional rights of the Township:
(1)
To require proper and adequate extension of plant and service and
maintenance thereof at the highest practicable standard of efficiency,
pursuant to the terms and conditions of the franchise agreement.
(2)
To establish reasonable standards of service and quality of products,
and to prevent unjust discrimination in service or rates.
(3)
To require continuous and uninterrupted service to the public in
accordance with the terms of the franchise throughout the entire period
thereof.
(4)
To impose such other regulations as may be determined by the Township
Board to be conducive to the safety, welfare and accommodation of
the public.
(5)
Through its appropriately designated representatives, to inspect
all construction or installation work performed subject to the provisions
of the franchise and this chapter, and make such inspections as it
shall find necessary to ensure compliance with the terms of the franchise,
this chapter, and other pertinent provisions of law.
(6)
At the expiration of the term for which a franchise is granted or
upon termination and cancellation as provided therein, to require
the grantee to remove at grantee's sole expense any and all portions
of the system from the public ways within the Township.
(7)
To require the grantee to safeguard and keep private all individual
home subscriber information.
Any termination or cancellation of the franchise prior to the
expiration of the term thereof shall be made by resolution of the
Township Board only after a public hearing thereon. The grantee shall
be entitled to 30 days' written notice of such hearing and the
notice shall specify with reasonable particularity the grounds upon
which the contemplated termination is based. Any such termination
shall be subject to any requirements of higher law and any limitation
contained in the franchise agreement between the Township and the
grantee.
Any breach by the grantee of the franchise agreement, in addition
to constituting a breach of contract, shall constitute a violation
of this chapter. The costs of any litigation, including attorney fees,
incurred by the Township to enforce this chapter or franchise granted
pursuant hereto shall be reimbursed to the Township by the grantee,
in respect of such litigation or part thereof in which the Township
is the prevailing party.
[Added 10-14-1997 by Ord. No. 41-B]
The term of a franchise and franchise agreement may be extended
one time for a period not to exceed six months on terms and conditions
that are set forth in a franchise extension agreement that is approved
by resolution of the Township Board. Any such extension shall not
be considered as a franchise award or renewal, with the franchise
designated as revocable during the extension term for purposes of
Public Act No. 322 of 1996 (MCLA § 460.602 et seq.), if
applicable.
