(A) A franchisee may lease, rent or in any other manner by mutual agreement obtain the use of towers, poles, lines, cables and other equipment and facilities from utility companies operating within the village and use towers, poles, lines, cables and other equipment and facilities for the system, subject to all existing and future laws, ordinances and regulations of the village, the state and the United States of America. When and where practicable, the poles used by a franchisee's distribution system shall be those erected and maintained by utility companies operating within the village, provided mutually satisfactory rental agreements can be reached. All utility companies in the village shall cooperate with a franchisee and allow a franchisee the use of their poles and pole line facilities whenever possible so that the number of new or additional poles installed in the village may be minimized.
(B) A franchisee shall have the right to erect, install and maintain its own towers, poles, guys, anchors, underground conduits, amplifiers, transformers, manholes and other equipment as may be necessary for the proper construction and maintenance of the antenna site, head end and distribution system, provided that the location and construction of towers, poles, guys, anchors, underground conduits, amplifiers, transformers and other equipment, manholes placed on village property and public rights-of-way shall be approved in advance, in writing, by the Village Engineer. In cases of conflict, preference shall be given to more essential utilities and services such as water, power, steam, telephone, sanitary sewer, storm sewer, traffic signals, street lighting and gas. If a franchisee violates the provisions in this division, the Village Engineer may require a franchisee to remove any and all equipment at its own cost.
(C) A franchisee shall have the right to establish terms, conditions and specifications governing the form, type, size, quantity and location of equipment belonging to other persons on its poles and shall have the further right to charge a fair rental for attachment, space or spaces occupied by the equipment and plant of such other persons, except that no rent shall be paid by the village for its attachment to a franchisee's poles. The village shall pay any reasonable additional costs incurred by a franchisee in providing space for the village's attachments, including the reasonable cost of any necessary rearrangements of a franchisee's equipment and plant to provide room for village attachments. Upon expiration, termination or revocation of a franchise, or should a franchisee wish to dispose of any of its poles being used by the village, the village shall have the first option to purchase them in place for a value equal to depreciated book value.
(D) In those areas of the village where transmission or distribution facilities of all utility companies are or are scheduled to be placed underground, a franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground to the maximum extent the then existing technology permits in accordance with the then management edition of the National Electrical Safety Code, the Telephone System Practices Governing Joint Attachment Practices and their successor documents, as well as in conformance with all applicable laws, statutes, ordinances, regulations and/or codes of the federal, state or municipal governments. If and when necessary, amplifiers and/or transformers in a franchisee's transmission and distribution lines may be in appropriate housings on the surface of the ground.
(E) All transmission and distribution structures, lines, poles, conduits, fixtures and equipment erected by a franchisee in the village shall be located so as not to endanger life or property or interfere with the normal use of streets, alleys or other public ways and places so as to cause minimum interference with the rights or reasonable convenience of the general public and adjoining property owners and so as not to interfere with existing traffic control, street lighting, gas, electric, telephone, water hydrant or other public utility installations and so as to comply with the then current edition of the National Electrical Safety Code and the Telephone System Practices Governing Joint Attachment Practices and their successor documents, as well as in conformance with all applicable laws, statutes, ordinances, regulations and/or codes of the federal, state and municipal governments. If the Village Engineer determines any of such equipment erected by a franchisee violates the provisions outlined in this division, he or she may require a franchisee to alter or remove any or all of the offending equipment.
(F) Prior to the commencement of construction, a franchisee shall file with the village maps, plats and records of the locations and character of all facilities to be constructed, including underground facilities and shall have received prior approval from the Village Engineer for such construction. A franchisee is required to maintain current and accurate maps, plats and permanent records for public inspection and to file such documents with the village annually.
(G) In the case of any disturbance of pavement, sidewalks, driveway, lawn or other surfacing, a franchisee shall, at its expense, promptly replace and restore all such surfacing to its original condition.
(H) The village may, upon reasonable notice, require a franchisee, at its expense, to protect, support, temporarily disconnect, relocate or remove facilities from a particular area of the village's streets if reasonably necessary by reason of traffic conditions, public safety, street construction or vacation, change or establishment of communication lines, tracks, traffic signals, street lighting or by reason of other conditions. Reasonable notice for this provision shall be construed to mean at least ten days, except in the case of emergencies.
(I) A franchisee shall have the authority, upon prior approval of the Village Council or designated representative, to trim any trees upon and overhanging the streets, alleys, sidewalks and public places of the village so as to prevent the branches of such trees from coming in contact with wires and cables of a franchisee, except that at the option of the village, trimming may be done by it, or under its supervision and direction, at the expense and liability of a franchisee. In trimming any trees, a franchisee shall not go upon private property without the consent of the owner. Any damage caused to the property of building owners or users, or of any other person, by the franchisee's negligence shall be repaired fully and promptly at a franchisee's sole expense.
(J) Prior to the installation of any portion of the cable system in or onto a building, a franchisee shall obtain from the Building Department a cable communications installation permit at the request of and on behalf of the owner of the building or premises. The permit shall be required to defray the costs of an electrical inspection to insure compliance with applicable requirements of the village. A franchisee shall be responsible for payment of applicable permit fees to the village.
(Ord. passed - -)