ARTICLE II. FRANCHISE APPLICATION REQUIREMENTS AND PROCESS
51-21 Application information.
Applications for franchises shall be made to the clerk by providing the following written information and documents.
(1) A nonrefundable franchise application fee in an amount established by resolution of the city council.
(2) The name, age if an individual, and address of the applicant, and if the applicant is not a natural person, the date, state and form of business organization.
(3) A description of the local business the applicant proposes to transact.
(4) Copies or certificates, articles, permits, approvals, licenses, last annual report and other written documentation of applicant’s lawful incorporation, organization, existence, authorization and good standing to conduct its proposed business in the State of Michigan. If any of the listed items have not been received, documentation they have been applied for must be provided.
(5) If applicable, applicant’s minimum quantity requirements of existing and potential customers.
(6) The length of the franchise term being requested, which shall have a duration of not longer than ten years.
(7) An acknowledgment and agreement to accept and comply with a franchise in the form of an ordinance that contains and incorporates by reference all of the terms and conditions contained in Article III of this chapter.
(Ord. No. 2108, § 2.1, 6-15-00)
51-22 Application processing.
(a) Upon receipt of a franchise application, the clerk shall schedule the application and a proposed ordinance that would grant the franchise requested, for introduction at the first available city council meeting.
(b) The applicant or its representative shall receive notice and may appear at the meeting when its franchise request is introduced. If the application meets the requirements of this chapter, the proposed ordinance will be accepted for introduction and scheduled for possible adoption at the first meeting thereafter that allows time to satisfy any publication and legal requirements for adoption of a valid franchise ordinance.
(c) After all publication and other legal requirements for adoption of a valid franchise ordinance have been satisfied, at a regular or special meeting, the city council may adopt, reject or table adoption of a proposed franchise ordinance.
(Ord. No. 2108, § 2.2, 6-15-00)
51-23 Franchise approvals.
After a franchise ordinance is adopted and all publication and other legal requirements for it to become effective are satisfied, a certified copy of the ordinance shall be delivered or mailed to the approved grantee together with a written acceptance for the approved grantee to sign under oath, confirming its acknowledgement, agreement and acceptance of the franchise and all of its terms and conditions. If the required signed and notarized acceptance is not delivered to the clerk within 30 days of the delivery or mailing of the franchise ordinance and agreement to grantee, the effectiveness of the ordinance will be automatically terminated. Upon the approved grantee’s timely acceptance of the franchise ordinance, it shall constitute a contract between the city and grantee.
(Ord. No. 2108, § 2.3, 6-15-00)
51-24 Franchise terms and conditions.
Unless amended by the individual franchise ordinance, all of the definitions in Article II, terms and conditions in Articles III and IV and penalties and relief in Article VI of this chapter shall apply and be incorporated by reference as part of every supplier’s individual franchise ordinance. Any amendments to this chapter shall be automatically included in every franchise.
(Ord. No. 2108, § 2.4, 6-15-00)