All franchises to which the City of Rockwood is a party when
this Charter becomes effective shall remain in full force and effect
in accordance with their respective terms and conditions.
A.
Public utility franchises and all renewals and extensions thereof
and amendments thereto shall be granted by ordinance only. No exclusive
franchise shall ever be granted. No franchise shall be granted for
a longer period than 30 years.
B.
No franchise ordinance which is not subject to revocation at the
will of Council shall be enacted nor become operative until the same
shall have first been referred to the people at a regular or special
election and received the affirmative vote of three-fifths of the
electors voting thereon. No such franchise ordinance shall be approved
by the Council for referral to the electorate before 30 days after
application therefor has been filed with the Council nor until a public
hearing has been held thereon nor until the grantee named therein
has filed with the Clerk his unconditional acceptance of all terms
of such franchise. No special election for such purposes shall be
ordered unless the expense of holding such election, as determined
by the Council, shall have first been paid to the Treasurer by the
grantee.
C.
A franchise ordinance, or renewal or extension thereof, or amendment
thereto, which is subject to revocation at the will of the Council
may be enacted by the Council without referral to the voters, but
shall not be enacted unless it shall have been complete in the form
in which it is finally enacted and shall have so been on file in the
office of the Clerk for public inspection for at least four weeks
after publication of a notice that such ordinance is so on file.
All public utility franchises granted after the adoption of
this Charter, whether it be so provided in the granting ordinance
or not, shall be subject to the following rights of the City, but
this enumeration shall not be exclusive or impair the right of the
Council to insert in such franchise any provision within the powers
of the City to impose or require:
A.
To repeal the same for misuse, nonuse or failure to comply with the
provisions thereof;
B.
To require proper and adequate extension of plant and service and
maintenance thereof at the highest practicable standard of efficiency,
which in any event shall be at least in accordance with the rules
and regulations of the Michigan Public Service Commission or its successor;
C.
To establish reasonable standards of service and quality of products
and prevent unjust discrimination in service or rates. The rates and
charges shall, in no event, exceed the rates and charges as prescribed
by the Michigan Public Service Commission or its successor.
D.
To require continuous and uninterrupted service to the public in
accordance with the terms of the franchise throughout the entire period
thereof;
E.
To use, control and regulate the use of its streets, alleys, bridges
and other public places and the space above and beneath them;
F.
To impose such other regulations as may be determined by the Council
to be conducive to the safety, welfare and accommodation of the public.
All public utility franchises shall make provision therein for
fixing rates, fares and charges and may provide for readjustments
thereof at periodic intervals. 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.
Every public utility, whether it has a franchise or not, shall
pay such part of the cost of improvement or maintenance of streets,
alleys, bridges and other public places as shall arise from its use
thereof and shall protect and save the City harmless from all damages
arising from said use. Every such public utility may be required by
the City to permit joint use of its property and appurtenances located
in the streets, alleys and other public places of the City by the
City and by other utilities insofar as such joint use may be reasonably
practicable and upon payment of reasonable rental therefor. In the
absence of agreement and 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, and the
arbitration award shall be final.
Temporary permits for public utilities, revocable at any time
at the will of the Council, may be granted by the Council by resolution
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.
