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(A) The company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as set forth in this chapter.
(B) Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the company shall do so at such times as shall cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.
(1997 Code, § 110.04) (Ord. 704-83, passed 1-10-1983)
(A) The company’s system, poles, wires and appurtenances shall be located, erected and maintained so that none of it shall endanger or interfere with the lives of persons, or interfere with any improvement that the village may deem proper to make, or hinder unnecessarily or obstruct the free use of the streets, alleys, bridges or other public property.
(B) Construction and maintenance of the transmission distribution system including house connections, shall be in accordance with the provisions of the National Electric Safety Code of the National Board of Fire Underwriters, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters and such applicable regulations of the village affecting electrical installations which may be presently in effect or may be enacted by the village. Installation and house drop hardware shall be uniform throughout the village except the company shall be free to change their hardware and installation procedure as the art progresses.
(C) Whenever the activities of the company shall damage any surface, pavement or sidewalk, the company shall at its expense restore all such surface, pavement or sidewalk to the satisfaction of the village. In the event any street or way is altered by the village requiring the alterations or removal of any part of the company’s system, the company shall bear the cost of such alteration or removal.
(D) The village shall not be liable for damage to the company’s lines caused by its forces while in the conduct of its village affairs and the company hereby releases the village from all claims growing out of such damage.
(1997 Code, § 110.05) (Ord. 704-83, passed 1-10-1983)
Upon request, the company shall furnish, free of charge, outside connections and service, to all public schools located within the village and to village buildings when other connections are being made within a particular area; provided, however, that any and all inside wiring work shall be done at the expense of the school or village, as the case may be and provided that a service cable runs in reasonable proximity to such building.
(1997 Code, § 110.07) (Ord. 704-83, passed 1-10-1983)
(A) The village shall have access at all reasonable hours to all of the company’s plans, contracts and engineering, statistical, customer records relating to the property and the operation of the company and to all other records required to be kept hereunder.
(B) The following records and reports shall be filed with the village and in the local office of the company:
(1) Company rules and regulations. Copies of such rules, regulations, terms and conditions adopted by the company for the conduct of its business; and
(2) Gross revenue. An annual certified audit showing gross revenues received by the company from its operations within the village during the preceding year from the basic services.
(1997 Code, § 110.08) (Ord. 704-83, passed 1-10-1983)
The company shall not allow its cable or other operations to interfere with television reception of persons not served by the cable, nor shall it interfere with, obstruct or hinder in any manner, the operation of the various utilities servicing the residents of the village. The company shall not perform repair services to television sets and shall not permit any of its employees, installers or servicemen to perform such services on their own.
(1997 Code, § 110.10) (Ord. 704-83, passed 1-10-1983)
The company shall pay to the village, in addition to any and all privilege licenses, and ad valorem taxes or other charges hereafter levied by the village, a portion to be determined by ordinance or resolution of the annual gross operating revenues received by it within the village during each year of operation under this contract. Gross revenues shall be considered as those revenues received from customers for basic service only. Payments to be made to the village as provided herein shall be made on the basis of the customer count as determined quarterly and are to be paid quarterly.
(1997 Code, § 110.11) (Ord. 704-83, passed 1-10-1983)
The company shall deposit $2,000 with the Fiscal Officer as a performance bond. This bond shall be forfeited to the village as liquidated damages if any of the provisions of this contract are not performed by the company, or if the company does not begin construction within one year of this chapter or complete construction within 18 months of this chapter.
(1997 Code, § 110.12) (Ord. 704-83, passed 1-10-1983)
The company shall have authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable and necessary to enable the company to exercise its rights and perform its obligations under this contract and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of any laws or rules of the state, the United States or the ordinances of the village.
(1997 Code, § 110.13) (Ord. 704-83, passed 1-10-1983)
(A) If the company shall fail to comply with any of the provisions of this contract or default in any of its obligations in this agreement and shall fail, within 60 days after written notice from the village to correct such default or noncompliance, the village may, at its option, forthwith terminate the rights granted under this contract. In the event that the village terminates this agreement, in whole or in part, the company shall within 60 days remove its facilities, and in the event the company does not remove its facilities within 60 days, the village may do so, the removal costs to be borne, in any event, by the company.
(B) Failure to enforce or insist upon compliance with any of the terms or conditions of this agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect.
(1997 Code, § 110.14) (Ord. 704-83, passed 1-10-1983)
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