[HISTORY: Adopted by the Mayor and City Council of the City
of Monroe 12-3-2018 by Ord. No.
18-006. Amendments noted where applicable.]
No individual, corporation, partnership, company, association,
governmental entity, or any other legal entity shall install or operate
any telecommunication facilities or related equipment for the provision
of commercial mobile radio service carriers pursuant to a distributed
antenna system or small-cell network without a franchise agreement
approved in accordance with the City Charter and the City's Ordinances
and substantially in the form approved by a City Council resolution,
or subsequent replacement resolution, which rates established therein
shall be incorporated herein by reference.
A.
It is the intent of the City Council in adopting this provision that
all provisions in this chapter and in the franchise agreement required
by this chapter be construed to protect the peace, health, safety
and welfare of the residents of Monroe as well as the aesthetics of
the City of Monroe. Only reasonably inconspicuous telecommunication
facilities and related equipment are to be permitted in the City right-of-way
pursuant to the terms of any franchise agreement. The franchisee shall
at all times take the required measures to use the most inconspicuous
equipment reasonably feasible at the time of installation. Franchisee
shall also remove and/or replace existing equipment in the future
when less conspicuous equipment becomes reasonably feasible or when
and if the number of antennas for the system is no longer reasonably
necessary and reduction of the number of antennas becomes reasonably
feasible.
B.
Any franchise agreement entered into pursuant to this chapter shall
remain in effect only to the extent the rates and regulations and
other material provisions established in the franchise agreement and
this chapter remain in full force and effect. To the extent state
or federal law makes unlawful and/or unenforceable any material provision
of the franchise agreement required by this chapter or any provision
of this chapter, the unlawful provisions are not severable and the
franchise agreement shall terminate and be of no force and effect.
To the extent authorized by law, under such circumstance, franchisee
shall remove all such facilities placed in the City right-of-way pursuant
to the franchise agreement unless the parties agree on a new franchise
agreement that is compliant with the then existing law.
Any franchise shall be considered in accordance with City Charter
§§ C-203 through C-227 and any franchise authorized
by this chapter shall be nonexclusive and shall be revocable at the
will of the Council.
All ordinances and portions of ordinances inconsistent with
this chapter are hereby repealed. All proceedings pending and all
rights and liabilities existing, acquired or incurred at the time
this chapter takes effect are saved and may be consummated according
to the law in force when they are/were commenced.
This chapter shall be in full force and effect 20 days after
final passage and publication.
