(A) A permit shall be nonexclusive. The village expressly reserves the right to approve, at any time, additional permits for access to, activities within, and ongoing use of the public rights-of-way. The issuance of additional permits shall not be deemed to amend, modify, revoke, or terminate the terms and conditions of any permit previously issued.
(B) A permit approved by the Village Council shall authorize access to and ongoing use of the public rights-of-way described in the permit, subject to strict compliance with the conditions of the permit, the requirements of this chapter, and any other applicable requirements of the village or applicable state and federal law. The permittee shall not use in any way any public rights-of-way not authorized by the permit. Any installation, construction, maintenance, repair, operation, or removal of a system within the public rights-of-way and any use or activity within the public rights-of-way shall be performed only as authorized by the permit.
(C) A permittee shall not commence construction upon, over, across, or under the public rights-of-way or otherwise in the village without first obtaining all construction permits as required under the village's ordinances. The issuance of a permit pursuant to this chapter shall not substitute for or waive any of the requirements of any other ordinance adopted by the village, as may be amended from time to time, including the requirements imposed by a public agency other than the village.
(D) A permittee shall not lease, provide service to, or otherwise allow a person or entity to use its facilities, if that person or entity is required to obtain a permit pursuant to § 158.17. A permittee shall notify the Village Clerk in writing at least 60 days prior to the date it proposes to lease, provide services to, or otherwise allow such a person or entity to use its system. Within 30 days after receiving the notice, the Village Clerk shall notify the permittee in writing of the village's determination that the person or entity does or does not require authorization to use the public rights-of-way. For the purposes of this section, the village may from time to time give written notice to a permittee of a list of the entities (by proper name or by description) whom it contends need authorization. A permittee shall abide by the terms of any court order, injunction, or decree obtained by the village with respect to any person who obtains (or proposes to obtain) services from a permittee or who uses (or proposes to use) any portion of the permittee's system.
(E) A permittee shall not allow the property of a third party to be overlashed, affixed, or attached to any portion of a permittee's system, and shall not allow other actions with a similar result without the prior written consent of the village. With respect to facilities located within the public rights-of-way, a permittee shall notify the Village Clerk in writing at least 60 days prior to the proposed date of the action. Within 30 days after receiving the notice, the Village Clerk shall notify the permittee in writing of the village's decision to grant or deny consent.
(F) A permittee shall submit to the village as-built maps and plans for portions of the system as soon as maps and plans are completed by the permittee and in no event later than 90 days after completion of the construction or reconstruction of any portion of its system.
(G) A permittee shall submit to the village a digital geographical information system (GIS) layer, using a program, format, and computer media acceptable to the village and containing the information and data as the village may require, which accurately displays the permittee's as-built system. The village may request that the information and data include information and data regarding facilities within rights-of-way owned by other governmental entities which are inside the village's geographic boundaries and in which village owned pipes, lines, wires, cables, conduits, and other facilities are located. Thereafter, a permittee shall update the layer, data, and information at least quarterly, and more frequently upon request by the village. All the GIS data, media, and information, including but not limited to, all databases, plots, and computer disks will be provided at no cost to village and become the property of the village. As used herein, GIS and GIS layer shall include, at the village's option, other computer programs, data, and information which fulfill similar functions. If requested by the village, the information and data shall be provided in metric measurements.
(H) By issuing a permit, the village does not agree to restrict the number of utilities, telecommunications, systems, cable service (television) systems, franchises, licenses, or permits of any types in any part or all of the village. The permission and authority granted by a permit are not intended to limit or modify any franchise, license, or permit previously granted by the village to any other occupant of the public rights-of-way. A permittee, recognizing the rights of other franchisees, licensees, and permittee in the public rights-of-way, shall exercise the authority granted it in a manner that does not unreasonably interfere with the rights of other prior or future franchisees, licensees, and permittee in the public rights-of-way and that does not endanger or impair the facilities of any other the franchisee, licensee, or permittees.
(I) A permittees shall have no recourse whatsoever against the village for any loss, cost, expense, or damage arising out of the failure of the village to exercise its authority to grant all or any part of an applicant's request to use all or part of the public rights-of-way. A permittee expressly acknowledges that on accepting a permit it did so relying on its own investigation and understanding of the power and authority of the village.
(J) By acceptance of a permit, a permittee acknowledges that it has not been induced to obtain a permit by any understanding or promise or other statement, whether oral or written, by or on behalf of the village or by any third person on behalf of the village concerning any term or condition of a permit not expressed in this chapter.
(K) Permittees acknowledges by the acceptance of a permit that it has carefully read its terms and conditions, and does accept all of the terms and conditions.
(L) A permit does not establish any priority for the use of the public rights-of-way by a permittee or any present or future permittee. In the event of any dispute as to the priority of use of the public rights-of-way, the first priority shall be to the public generally, the second priority to the village, the third priority to the State of Michigan and its political subdivisions in the performance of their various functions, and thereafter as between permittee, as determined by the village in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Michigan.
(M) Permittees acknowledges that by accepting a permit, it obtains no rights to or further use of the public rights-of-way other than those expressly granted herein.
(N) Each permittees acknowledges and accepts as its own risk that the village may make use in the future of the public rights-of-way which a permittee is using or in which a permittee's system is located in a manner inconsistent with permittee's use of the public rights-of-way for its placement and use of its system and that in the event the permittees will not be entitled to compensation from the village. Permittees intentionally, knowingly, and voluntarily waives any such claim. In the event of the inconsistent use, the village will use its best efforts to accommodate the permittees, including efforts to assist the permittees in relocating its affected facilities to other available rights-of-way and amending the permit to show the relocation.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99