Loading...
Every public utility franchise shall be subject to the right of the village to use, control and regulate the use of its streets, alleys, bridges, and public places and the space above and beneath them. Every public utility shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges and public places, as shall arise from its use thereof and shall protect and save the village harmless from all damages arising from said use; and may be required by the village to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the village, by the village, and other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor; provided that in the absence of agreement, upon application by any public utility, the Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor; which award shall be final.
(Adopted 3-13-67)
No franchise or grant which is not revocable at the will of the Council shall be granted or become operative until the same shall have been referred to the people at a regular or special election and has received the approval of three-fifths (3/5) of the electors voting thereon at such election. All irrevocable public utility franchises and all renewals, extensions, and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before thirty (30) days after application therefor has been filed with the Council, nor until a full public hearing has been held thereon. No such ordinance shall be submitted to the electors at an election to be held less than thirty (30) days after the grantee named therein has filed with the Clerk its unconditional acceptance of all of the terms of such franchise, and it shall not be submitted to a special election unless the expense of holding the election, as determined by the Council, shall have been paid to the Treasurer by the grantee. No exclusive franchise shall ever be granted and no franchise shall be granted for a longer term than thirty (30) years.
(Adopted 3-13-67)
All licenses and franchises granted by the Village of Lake Orion and in force within the village when this Charter becomes law, shall remain in full force and effect until the period of time for which they were respectively granted, has expired under conditions contained in the license or franchise granted, or until any such licenses or franchises may have been taken over by the village by purchase, condemnation, grant, or otherwise.
(Adopted 3-13-67)
The Council shall cause to be instituted such actions or proceedings as may be necessary to prosecute a public utility company for violations of its franchise, the village Charter or ordinances of the village, and may revoke, cancel, or annul all franchises that may have been granted by the village, which, for any reason, have become inoperative, illegal, or void and not binding upon the village.
(Adopted 3-13-67)
The enumeration and specification of particular matters in this Charter which must be included in every franchise or grant shall never be construed as impairing the right of the Council to insert in such franchise or grant any other and further matters, terms, or conditions as may be within the power of the village to impose or require and which the Council shall deem proper to protect the interests of the people of the village.
(Adopted 3-13-67)
All public utility franchises shall make provisions therein for fixing rates, fares, and charges, and for readjustments thereof at periodic intervals at the discretion of the village. The value of the property of the utility used as a basis for fixing such rates, fares, and charges shall in no event include a value predicated upon the franchise, goodwill, or prospective profits.
(Adopted 3-13-67)
Temporary permits for public utilities, revocable at any time at the will of the Council, may be granted by the Council by ordinance on such terms and conditions as it shall determine; provided that such permits shall in no event be construed to be franchises or amendments to franchises.
(Adopted 3-13-67)