PROCEDURES FOR GRANT OF A PUBLIC RIGHTS-OF-WAY USER FRANCHISE

Indianapolis-Marion County Revised Code tit. III, ch. 645, art. II, div. 2

in effect

Indianapolis-Marion County Revised Code § 645-221 Authority to grant franchises.

Sec. 645-221. - Authority to grant franchises. The city-county council is hereby authorized to grant one (1) or more nonexclusive franchising contracts conveying the right to construct, operate, and maintain privately owned facilities occupying the public rights-of-way. (G.O. 85, 1998, § 1)

Indianapolis-Marion County Revised Code § 645-222 Application for franchise.

Sec. 645-222. - Application for franchise. Unless exempt under section 645-212, any person or entity interested in obtaining a public rights-of-way user franchise shall file an application with the department of public works. An application shall contain, at a minimum, the following information: (1) Name, address, and telephone number of the person or entity applying for a franchise (applicant) and identification of the applicant's ownership and control, including the names and address of all persons or entities with twenty (20) percent or more ownership interest in applicant. (2) A description of the physical facilities applicant proposes to place in the public rights-of-way, including their location, a proposed construction schedule, the services applicant proposes to provide using such facilities, and information, including cost estimates, concerning any rearrangement or relocation of existing facilities. (3) A demonstration of applicant's legal, financial, and technical ability to construct and maintain the facilities to be located in the public rights-of-way. (4) Information that the department of public works may request of applicant that is relevant to such department's consideration of the application. (5) An agreement by applicant to reimburse the consolidated city its reasonable out-of-pocket expenses in considering the application. (6) An affidavit or declaration of applicant or an authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying the application meets all federal and state law requirements. (7) An application fee of ten thousand dollars ($10,000.00). (G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

Indianapolis-Marion County Revised Code § 645-223 Department of public works review of and recommendation concerning the application.

Sec. 645-223. - Department of public works review of and recommendation concerning the application. (a) Upon receipt of an application under section 645-222, the department of public works shall review the application for franchise and prepare a recommendation as to whether applicant should be granted a franchise. (b) In preparing its recommendation such department may conduct such investigations as it deems appropriate. (c) Such department's recommendation, including the reasons therefor, shall be in writing and filed with the clerk of the council within sixty (60) days of the date such department receives the application. (d) Such department shall provide a copy of its recommendation to the applicant. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

Indianapolis-Marion County Revised Code § 645-224 Council hearing on the application.

Sec. 645-224. - Council hearing on the application. (a) The clerk shall refer the recommendation of the department of public works to the council committee assigned to review such franchise applications. Within forty-five (45) days of receipt of such department's recommendation, the council committee shall hold a public hearing to take evidence and hear argument on whether to grant a franchise to applicant, either in the form proposed in the application or otherwise, and, if so, the nature and extent thereof. The council committee shall base its determination on the criteria listed in section 645-225. The clerk shall give notice of such hearing in accordance with IC 5-3-1. (b) At the time set for such hearing, or an adjournment thereof, the council committee shall hear all written protests and other submissions and arguments and evidence from any interested persons or entities in addition to applicant. A record shall be kept of such hearing and the evidence presented therein. (c) The council or its committee may propound regulations to govern the conduct of such hearings so as to allow for the orderly and efficient presentation of evidence and argument, and to prevent unnecessary duplication or delay. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

Indianapolis-Marion County Revised Code § 645-225 Factors governing the council's determination.

Sec. 645-225. - Factors governing the council's determination. (a) In making any determination hereunder, the council committee shall base its decision on the following factors: (1) Whether the issuance of a franchise is warranted in the public interest considering both the immediate and future effect on the public rights-of-way, including the extent to which installation or maintenance as planned would require relocation or replacement of property or involve disruption of property, public services, or use of the public rights-of-way. (2) The effect on existing franchisees to perform their obligations under their franchise contracts. (3) The applicant's demonstrated legal, financial and technical ability to construct and maintain the facilities to be located in the public rights-of-way and to provide services using such facilities. (4) The applicant's prior experience in constructing and maintaining facilities in the public rights-of-way and in providing similar services in other communities. (5) The applicant's demonstrated willingness and ability to meet construction and physical requirements and to abide by policies and limitations imposed by law or franchise agreements. (6) Any other considerations deemed pertinent by the department of public works to its task of safeguarding the public health, safety, and welfare, and facilitating and encouraging the orderly and responsible use of the public rights-of-way. (b) The council committee shall make its determination based on the record and with a written statement of its findings and conclusions, and the reasons thereof. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

Indianapolis-Marion County Revised Code § 645-226 Council action on application.

Sec. 645-226. - Council action on application. (a) If the council committee shall determine after the hearing that any application should be denied, such determination shall be final, subject to the appeal provisions of section 645-227. (b) If the council committee shall determine after the hearing that a franchise should be granted to the applicant, it shall direct its general counsel or his designee to negotiate a proposed form of franchise contract for the committee's review and approval. (c) The applicant shall pay the consolidated city a sum of money sufficient to reimburse all of the consolidated city's publication and other expenses (including, but not limited to, consultant and legal expenses) incurred in connection with the granting of a franchise pursuant to the terms of this article. (d) No provision of this article shall be construed to require the consolidated city to grant any franchise contract, and the council may reject any and all applications. (G.O. 85, 1998, § 1)

Indianapolis-Marion County Revised Code § 645-227 Council review of rejections.

Sec. 645-227. - Council review of rejections. Any person or entity whose application is rejected by the committee may, within ten (10) days of such action, petition the council for a review of that decision by filing notice thereof with the clerk of the council. If the council determines that the rejection is improper under this division, it may by resolution direct its committee to reconsider its action. In making its determination hereunder the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee and shall consider the criteria contained in section 645-225. (G.O. 85, 1998, § 1)

Indianapolis-Marion County Revised Code § 645-228 Council action on recommended contracts.

Sec. 645-228. - Council action on recommended contracts. (a) Within thirty (30) days of the council committee's recommendation of a franchise and contract, the council shall introduce an ordinance approving and confirming the contract as accepted by its committee. The council shall act upon the ordinance within sixty (60) days of its introduction, except that such time may be extended by the council for good cause. The council may: (1) Adopt the ordinance, subject to the veto of the mayor, in which case the director of the department of public works and the mayor will be directed to execute the franchise contract; or (2) Defeat the ordinance, in which case the application shall be denied; or (3) By resolution direct its committee to consider certain modifications or amendments for the franchise contract, in which case its committee shall reconsider the application. (b) In making its determination hereunder, or under section 645-227, the council shall review the record of proceedings before its committee, and it may, in its discretion, consider new evidence. In making its determination hereunder, the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee, and shall consider the criteria contained in section 645-225. Under no circumstances shall the council by ordinance approve or confirm any franchise contract unless the precise language has been accepted by its committee prior to the council's action. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 99)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH645PURI-W_ARTIIFR_DIV2PRGRPURI-WUSFRFetched: 10/27/2026