§ 51.001. Grant of franchise  


Latest version.
  • Sec. I. 

    (1) The City of McBain, hereinafter referred to as the City, hereby grants to Northern Michigan Cablevision—Carl Sr. and Carl Jr. Brasseur, hereinafter referred to as the grantee, and its successors and assigns, the right and authority to install, maintain and operate a transmitting and distribution system for television, radio and other audio-visual electrical signals in, over, on, and under the streets, alleys and public highways of the City: to maintain and use the same for the purpose of construction and operating a transmitting and distribution system for television, radio and other audio-visual signal distribution and associated services, all in strict accordance with the laws, ordinances and regulations of the United States of America, the State of Michigan and the City, as now existing or hereinafter adopted or amended. Any modifications of the provisions of F.C.C. rules Subpart C Section 76.31 shall be included in this franchise either one year of the adoption thereof by the Federal Communications Commission or at Franchise renewal, whichever is sooner.

    (2) The grantee shall at all times during the life of this franchise be subject to all lawful exercise of the police power of the City and to such reasonable regulations as the City shall hereinafter provide and shall comply with all applicable state and federal regulations.

    (3) This Franchise and the rights, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of 15 years, provided that within 30 days after the date of the passage of this ordinance [part] the grantee shall: (1) file with the City Clerk its unconditional acceptance of this Franchise and promise to comply with and abide by all its provisions, terms and conditions. Such acceptance and promise shall be in writing duly executed and sworn to by or on behalf of the grantee before a Notary Public or other officer authorized by law to administer oaths; (2) file with the City insurance certificates provided for herein which shall be approved by the City. Should grantee fail to comply with the above terms of this subsection within 30 days after passage of this ordinance [part], it shall acquire no rights, privileges or authority under this Franchise whatever.