§ 15-73 SAVINGS CLAUSE.

   Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under § 15-72 shall be void from the date the modification was made.

(Ord. 3512, passed 4-28-2003)

§ 15-74 USE OF FUNDS.

   Pursuant to Section 10(4) of the Act, all amounts received by the City from the Authority shall be used by the City solely for rights-of-way related purposes. In conformance with that requirement, all funds received by the City from the Authority shall be deposited into the Major Roads Fund and/or the Local Route Fund maintained by the City under Public Act 51 of 1951.

(Ord. 3512, passed 4-28-2003)

Statutory reference:

   State Trunk Line Highway System, see MCLA 247.651 et seq.

§ 15-75 ANNUAL REPORT.

   Pursuant to Section 10(5) of the Act, the Mayor shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.

(Ord. 3512, passed 4-28-2003)

§ 15-76 CABLE TELEVISION OPERATORS.

   Pursuant to Section 13(6) of the Act, the City shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.

(Ord. 3512, passed 4-28-2003)

§ 15-77 EXISTING RIGHTS.

   Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this ordinance shall not affect any existing rights that a telecommunications provider or the City may have under a permit issued by the City or under a contract between the City and a telecommunications provider related to the use of the public rights-of-way.

(Ord. 3512, passed 4-28-2003)

§ 15-78 COMPLIANCE.

   The City hereby declares that its policy and intent in adopting this ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The City shall comply in all respects with the requirements of the Act, including but not limited to the following:

   (a)   Exempting certain route maps from public disclosure under the Freedom of Information Act, Public Act 442 of 1976, MCLA §§ 15.231 to 15.246, as provided in § 15-65(c) of this ordinance;

   (b)   Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 15-65(f) of this ordinance;

   (c)   Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500.00 application fee, in accordance with § 15-65(g) of this ordinance;

   (d)   Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the City, in accordance with § 15-66(a) of this ordinance;

   (e)   Notifying the MPSC when the City has granted or denied a permit, in accordance with § 15-66(a) of this ordinance;

   (f)   Not unreasonably denying an application for a permit, in accordance with § 15-66(a) of this ordinance;

   (g)   Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 15-66(b) of this ordinance;

   (h)   Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with § 15-66(c) of this ordinance;

   (i)   Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider’s access and use, in accordance with § 15-66(d) of this ordinance;

   (j)   Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 15-67 of this ordinance;

   (k)   Providing each telecommunications provider affected by the City’s right-of-way fees with a copy of this article, in accordance with § 15-72 of this ordinance;

   (l)   Submitting an annual report to the Authority, in accordance with § 15-75 of this ordinance; and

   (m)   Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 15-76 of this ordinance.

(Ord. 3512, passed 4-28-2003)

Statutory reference:

   Freedom of Information Act, see MCLA 15.231 et seq.

§ 15-79 RESERVATION OF POLICE POWERS.

   Pursuant to Section 15(2) of the Act, this ordinance shall not limit the City’s right to review and approve a telecommunication provider’s access to and ongoing use of a public right-of-way or limit the City’s authority to ensure and protect the health, safety and welfare of the public.

(Ord. 3512, passed 4-28-2003)

§ 15-80 AUTHORIZED CITY OFFICIALS.

   The Mayor or Mayor’s designee is hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Municipal Chapter Violations Bureau) for violations under this ordinance as provided by the City Code.

(Ord. 3512, passed 4-28-2003)

§ 15-81 MUNICIPAL CIVIL INFRACTIONS.

   Any person who violates any provision of this ordinance or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to a civil fine, sanctions and remedies as prescribed in § 1-7 of the City of Flint Code of Ordinances.

(Ord. 3512, passed 4-28-2003)