The franchise agreement shall be in such form and contain such
terms and provisions as shall be approved by the Township Board. The
agreement may be adopted, and amended, by resolution of the Township
Board or by any other mode of adoption or amendment authorized or
required by law.
A grantee shall be awarded a franchise, pursuant to the provisions of §
148-5, either by resolution of the Township Board or by any other means authorized or required by law. The grantee shall be promptly notified of the award by the Township by written notice thereof, sent by registered or certified mail, which notice shall be accompanied by one or more copies of the franchise agreement.
The franchise agreement shall contain such further conditions
or provisions as may be negotiated between the Township and the grantee
except that no such conditions or provisions shall conflict with any
provision of this chapter or other law. In the case of such conflict,
the provisions of this chapter or other law shall prevail over the
conflicting provision of the franchise agreement.
Any termination or cancellation of the franchise prior to the
expiration of the term thereof shall be made by resolution of the
Township Board only after a public hearing thereon. The grantee shall
be entitled to 30 days' written notice of such hearing and the
notice shall specify with reasonable particularity the grounds upon
which the contemplated termination is based. Any such termination
shall be subject to any requirements of higher law and any limitation
contained in the franchise agreement between the Township and the
grantee.
Any breach by the grantee of the franchise agreement, in addition
to constituting a breach of contract, shall constitute a violation
of this chapter. The costs of any litigation, including attorney fees,
incurred by the Township to enforce this chapter or franchise granted
pursuant hereto shall be reimbursed to the Township by the grantee,
in respect of such litigation or part thereof in which the Township
is the prevailing party.
[Added 10-14-1997 by Ord. No. 41-B]
The term of a franchise and franchise agreement may be extended
one time for a period not to exceed six months on terms and conditions
that are set forth in a franchise extension agreement that is approved
by resolution of the Township Board. Any such extension shall not
be considered as a franchise award or renewal, with the franchise
designated as revocable during the extension term for purposes of
Public Act No. 322 of 1996 (MCLA § 460.602 et seq.), if
applicable.