169. Section 1. No franchise or grant shall be granted by the city for a longer period than thirty (30) years.

State constitution reference—Franchises limited to thirty years, Mich. Const., T9S3, Art. VII, § 30.

169a. Section 2. Every permit granted by ordinance shall be accepted in writing by the grantee before said ordinance takes effect, and every franchise or modification of a franchise, before it is submitted to the electors, shall be so accepted. Such acceptance shall be filed with the clerk. Any noncompliance with this section shall automatically annul such permit or franchise.

170. Section 3. No franchise or grant which is not revocable at the will of the council, shall be granted or become operative until it shall have been referred to the people at a general or special election and has received the approval of three-fifths of the electors voting thereon at such election.

172. Section 5. No franchise, granted by the city, shall ever be leased, assigned or otherwise alienated except in accordance with the express provisions of such franchise, and all franchises granted by the city shall provide how, and in what manner, and under what conditions such franchise may be leased, assigned, or alienated, and no dealing with the lessee or assignee on the part of the city, which shall recognize the performance of any act or payment of any compensation by the lessee or assignee, shall be deemed to have operated as a consent to such lease, assignment or alienation.

173. Section 6. No change or modification of any franchise or grant of rights of powers previously granted to any corporation, firm, person, or association of persons shall be made, except in the manner and subject to all conditions herein provided for, in the making of original grants and franchises.

174. Section 7. The grant of every franchise or privilege shall be subject to the right of the city, whether in terms reserved or not, to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things, the right to pass and enforce ordinances to require proper and adequate extensions of the service of such grant, and to protect the public from danger or inconvenience in the operation of any work or business authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service, extensions and accommodations for the people and insure their comfort and convenience.

175. Section 8. The city, by and through its council shall have the power to require any corporation holding a franchise from the city, to allow the use of its tracks, poles and wires by any other corporation to which the city shall grant a franchise, subject to reasonable regulations and upon the payment of a reasonable rental therefor. Any franchise or right which may hereafter be granted, to any person or corporation to operate a street railway within the city or its suburbs, shall be subject to the condition that the city shall have the right to grant to any other person or corporation desiring to build or operate a street railway or interurban railway within or into the city, the right to operate its cars over the tracks of said railway insofar as it may be necessary to enter and leave the city and to reach the section thereof used for business purposes, provided, however, that the person or corporation desiring to operate its cars over the lines of said street railway, shall first agree in writing with the owner thereof as to terms and conditions and to pay it reasonable compensation for the use of its tracks and facilities. And if the person or corporation desiring to use the same cannot agree with said owner of said street railway as to said compensation, terms and conditions, within sixty days from offering the same in writing, then the council shall by resolution, after hearing the parties concerned, fix the terms and conditions of such use, and compensation to be paid therefor, which award of the council, when so made, shall be binding upon and observed by parties concerned.

176. Section 9. All contracts, granting or giving any original franchise, right or privilege, or extending or renewing or amending any existing grant, right, privilege or franchise, shall be made by ordinance and not otherwise.

Licenses—Generally.

177. Section 10. The council shall by ordinance prescribe the terms and conditions upon which licenses may be granted; and may require and exact payment of such reasonable sums for any licenses as it may deem proper. The persons receiving the license shall, before the issuing thereof, execute a bond to the city, when required by any ordinance, in such sum and with such sureties as prescribed by such ordinance, conditioned for the faithful observance of the charter of the city, the ordinance under which the license is granted and otherwise conditioned as any such ordinance may prescribe. Such license shall be revocable by the council at pleasure; and when any license shall be revoked for noncompliance with the terms and conditions upon which it was granted, the person holding such license shall, in addition to other penalties imposed, forfeit all payment made for such license.

Same—Term, transfer, etc.

178. Section 11. No license shall be granted for any term beyond the first Monday in June next thereafter, nor shall any license be transferable. The council may provide for punishment by fine or imprisonment, or both, of any person who, without license shall exercise any occupation or trade or do anything for or in respect to which any license shall be required. All license money shall be paid into the city treasury to the credit of the contingent fund.

179. Section 12. No franchise, grant or license shall be submitted under the provisions of this charter, to the electors at a special election, unless the expense of holding the election, as determined by the council, shall be paid to the treasurer, in advance of calling such election, by the grantee or licensee in said franchise, grant or license.