No telecommunications provider shall be permitted to construct or install any telecommunications facility, including, but not limited to, co-axial or fiber optic cable, in any public right of way located in the Village of Linndale, unless it:
(a) Agrees in writing to enter into a franchise agreement with the Village of Linndale to provide Village residents with the same telecommunications services which it provides, or in the future will provide, to residents of the City of Brooklyn, Ohio, and on substantially as favorable terms and conditions as those contained in its franchise agreement with the City of Brooklyn; and
(b) Pays to the Village of Linndale rent for placing or installing any of its facilities in the public rights of way located in the Village in the amount of five hundred dollars ($500.00) per month until such time as it has entered into such a franchise agreement with the Village and offers to Village residents the telecommunications services provided for in said franchise agreement. In the event that the telecommunications provider has not entered into such a franchise agreement with the City of Brooklyn, then it shall in writing agree to enter into a franchise agreement with the Village of Linndale which is substantially on the same terms and conditions as the franchise agreement entered into between the provider and the municipal corporation which is located nearest to the Village of Linndale.
(Ord. 1998-38. Passed 10-6-98.)