§ 113.43  SYSTEM CONSTRUCTION, MAINTENANCE AND PROCEDURES.
   (A)   Upon the granting of a permit to construct and maintain a cable antenna television system within the village, and in furtherance of the permittee's execution of contracts with public utility companies or any other owner or lessee of any poles located within or without the village to whatever extent the contract or contracts shall be expedient and of advantage to the permittee for use of poles and posts necessary for proper installation of the system, the permittee shall obtain right-of-way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdiction to supply main trunklines from the permittees receiving antennas, obtain permission from the Federal Aviation Authority to erect and maintain antennas suitable to the needs of the system and its subscribers and to obtain whatever other permits a village, county, state or federal agency may require. The permittee shall construct its cable system using material of good and durable quality and all work involved in the construction, installation, maintenance and repair of the cable antenna system shall be performed in a safe, thorough and reliable manner.
   (B)   Any village property damaged or destroyed shall be promptly repaired or replaced by the permittee and restored to serviceable condition. The permittee's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons or interfere with any improvements the village may deem proper to make or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
   (C)   In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the permittee shall, at his or her own cost and expense and in a manner approved by the village, replace and restore all paving sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before the work was commenced.
   (D)   The permittee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all the poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on the alley and then in such manner as to not interfere with the usual traffic on the streets, alleys and public ways.
   (E)   In the event that at any time during the existence of the permit granted hereunder, the village shall lawfully widen, realign or otherwise alter the street right-of-way or construct, re-construct, re-align or change the grade of or otherwise alter the pavement or any water main, fire hydrant, sewer or appurtenance, the permittee upon reasonable notice by the village, shall remove, re-lay, or re-locate its poles, wires, cables, underground conduits, manholes and other fixtures at his or her own expense.
   (F)   In areas of the village in which telephone lines and electrical utility lines are underground, all the permittee's lines, cables and wires shall be underground.
   (G)   The permittee shall have the right, so long as his or her permit is in force and effect, to utilize the streets of the village to the extent set forth in his or her application or as otherwise provided by the Council in its permit for the transmission of television and radio signals as herein authorized from its antenna location or locations to the premises of subscribers. The permittee may erect all the wires, cables and appurtenances in the streets subject to approval of the Village Engineer of the placement of any poles.
(1992 Code, § 30.009)  (Ord. 2-81, passed 9-24-1981)