(A) Any franchise granted under this chapter shall be nonexclusive.
(B) A franchise governed under this chapter shall be granted by a separate ordinance following a competitive bidding procedure; except in the case of a renewal as outlined in § 111.04. A public notice shall be published and official proposal forms shall be provided to all interested parties. Specific conditions, requirements, and desires of the city pertaining to a system shall be outlined in addition to those contained in this chapter. Any proposal submitted on the official Request for Proposal form which is accepted by ordinance of Council is subject to enforcement under this chapter and § 111.99 penalty shall apply. This includes items which are freely offered by the grantee and which may have formed the basis for selection over other interested bidders, even though the items were not specifically requested by the city in this chapter or in the Request for Proposal.
(C) This chapter is intended to be substantially identical to legislation, letters of agreement, general rules and regulations, or other such formal documents adopted by the Board of Monroe Township Trustees, Miami County. It is expressly contemplated that any franchise granted by separate ordinance under the authority of this chapter will be to the firm which best meets both the requirements of this chapter and of any similar requirements adopted by the Board of Monroe Township Trustees, Miami County.
(D) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
(E) Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
(F) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of Council expressed by ordinance, and then only under such conditions as may be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Manager within 30 days after any such transfer or assignment. The consent of Council may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage, or other hypothecation as a whole, to secure an indebtedness.
(G) Time shall be of the essence in any such franchise granted hereunder. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.
(H) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city shall be subject to transfer by the city to any other officer, employee, department, or board of the city.
(I) The grantee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.
(J) The grantee shall be subject to all requirements of city ordinances, rules, regulations, and specifications heretofore or hereafter enacted or established.
(K) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the city or utility company, or of any obligation involved in maintaining poles in streets.
(L) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any system in the city; and the acceptance of any franchise hereunder shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation, and maintenance by any grantee of any system in the city shall be and shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.
(1974 Code, § 111.05) (Ord. 38-79, passed 7-16-1979)