§ 11.09. Limitation—Franchise.

An irrevocable franchise, for a period of up to thirty years, and all renewals, amendments and extensions of it, may be granted only by ordinance.

The city council may approve such an ordinance only after a public hearing has been held on it and after the grantee named in it has filed with the city clerk its unconditional acceptance of all the terms of the franchise.

The ordinance may not take effect unless it has been approved by the voters of the city, where State law so requires, or unless it has been approved by a two-thirds majority of the city council members serving, where approval of the voters is not required by state law.

When approval of the voters of the city is required, the ordinance as approved by the city council shall be published in a daily newspaper or equivalent of general circulation in the city not less than thirty days before the election at which it is submitted to the voters. The city council may not call a special election unless the expense (as determined by the city council) of holding the election has first been paid to the treasurer by the franchise grantee.

State law reference

Three-fifths vote of electors required for granting public utility franchise, if franchise irrevocable, Mich. Const. 1963, art. VII, § 25; expense of special election to be paid by grantee, MCL 117.5(i); franchise limited to 30 years, Mich. Const. 1963, art. VII, § 30.