[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.
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.
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.