(a) A revocable franchise shall remain in effect for a term of five years commencing upon the date it is executed by the City.
(b) All such revocable franchises shall be nonexclusive and nonassignable. By issuing a revocable franchise, the City does not agree to restrict the number of revocable franchises in all or part of the City.
(c) The revocable franchise shall not limit or modify any other revocable franchise, license or revocable franchise previously granted by the City to any other occupant of the rights of way.
(d) All revocable franchises shall be revocable by the City Council for any reason, upon providing 180 days written notice to the provider.
(e) The provider's use of any rights of way shall not exceed that authorized by this chapter and the revocable franchise.
(f) The provider shall use the electrical systems of others and shall not itself construct or cause to be constructed any electrical system for its own purposes other than when such system is located upon a customer's property or is necessary to connect a customer to another utility's electrical system (and then, only if such construction would not amount to an unreasonable duplication of existing facilities owned by local utilities). In the event such construction is necessary, the provider shall first give the City ten days written notice of its intent to so construct.
(g) Any unlawful use of private property over the objection of the property owner shall constitute a violation of this chapter.
(h) In the event a provider, during the term of its revocable franchise, desires to provide electricity to persons not previously disclosed to the City in the provider's application, the provider shall notify the City in writing prior to so providing electricity.
(i) In the event of a conflict between this chapter and a revocable franchise, this chapter shall prevail.
(j) Unless required to do so by State or Federal law, a person, including a public utility, owning an electrical system, shall not lease or sublease any portion of its electrical system, or allow another to use its electrical system, unless said person has first obtained from the City a revocable franchise allowing it to do so.
(k) If a franchisee forfeits or otherwise loses its rights under a pole-conduit license agreement with the owner of an electrical system, the franchisee shall notify the City Manager in writing within fourteen days.
(l) A franchisee shall provide the City with copies of all documents it sends to the Michigan Public Service Commission and copies of all orders, decisions or correspondence franchisee receives from the Michigan Public Service Commission.
(Ord. 388. Passed 3-7-00.)