(A) No burden on public rights-of-way. A permittee shall not construct or install its system in a manner that unduly burdens the present or future use of the public rights-of-way. A permittee shall erect and maintain its system so as to cause minimum interference with the use of public rights-of-way and with the rights or reasonable convenience of property owners. In the event that the village determines that any portion of the system, as either planned or constructed, unduly burdens any portion of the public rights-of-way for present or future use, a permittee shall modify its system or plans for construction of its system and eliminate the burden within a reasonable time.
(B) Police powers reserved. By acceptance of a permit, a permittee acknowledges that its rights hereunder are subject to the police power of the village to adopt and enforce laws to protect the health, safety, and welfare of the public, and a permittee shall comply with all ordinances, resolutions, rules, regulations, directives, orders, memoranda, and permits enacted by or issued by the village in accordance with the power.
(C) Location of system. A permittee shall install its system along those portions of the routes as described in the permit, subject to all modifications required by the village for purposes of issuing construction permits in accordance with § 158.22(C), division (J) below, and other applicable ordinances, resolutions, regulations, and rules of the village.
(D) Changes in location. A permit issued pursuant to this chapter authorizes only the construction and use of those rights-of-way set forth in the permit. To change or extend the location of the facilities within the rights-of-way, permittees shall submit to the Village Clerk in triplicate the information provided in § 158.18(B)(3) and (B)(4) and any other information as may be requested by the Public Utility Director, Village Engineer, and Village Council. The request shall be accompanied by a nonrefundable fee, established by resolution of the Village Council, to off-set the village's costs to process the request. Within 90 days from the date permittees delivers all requested information, the Public Utility Director, Village Engineer, and Village President shall approve the change or extension, provided it meets the standards set forth in this chapter, rules, and regulations of the village. Permittees, Public Utility Director, Village Engineer, and Village President shall each sign and date a revised map which clearly shows the present and changed or extended location of the system and sign and date the construction plans, which documents shall be attached to, become part of and subject to the terms and conditions of the permit. The Village Council reserves the right to modify existing, delete, or add new conditions to the permit to ensure public health, safety, and welfare.
(E) Change in permit conditions and terms. A permittee may request a change in the terms, as opposed to a change in location, by submitting a written request to the Village Council. The request shall set forth the sections to be changed, deleted, or added and the reason for each change. The Village Council may request a recommendation/report from the Public Utility Director, Village Engineer, Village Attorney, or any other persons as it deems advisable and may hold a public hearing in the manner provided in §§ 158.18(F) and 158.19(E). The village shall be under no obligation to change the terms of the permit.
(F) Construction. A permittee shall bear the entire cost and expense of installing its system, and the covering and resurfacing of any excavation which may be necessary in the public rights-of-way. A permittee shall submit to the village its full plans and specifications for the installation. A permittee shall not commence the installation under the plans and specifications until the same shall have been approved by the village and all necessary construction permits have been approved and issued, which approval shall be neither unreasonably withheld nor unduly delayed. The installation shall be done at the depth and in the manner so as not to interfere with other systems, such as water, gas and sewer pipes, electric system, cable television, traffic signal, street light and other conduits, or with any other facilities which may be located in the public rights-of-way or other locations at the time of installation. A permittee shall have sole responsibility for the maintenance, repair, and upkeep of all of its installations during the term of any permit.
(G) Relocation of the system. A permittee shall, at its own cost and expense, protect, support, disconnect, or remove from the public rights-of-way any portion of its system when required to do so by the village due to street or other public excavation, construction, repair, grading, regrading, traffic conditions, the installation of sewers, drains, water pipes, cables, municipally-owned power or signal lines, trackways, tracks, or other municipally-owned facilities, or the vacation, construction, or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety, or welfare. The village shall endeavor to give reasonable advance notice to permittees of any such required action.
(H) Emergencies. The village may remove or damage a permittee's system in the case of fire, disaster, or other emergencies. In that event, neither the village nor any agent, contractor, or employee thereof shall be liable to a permittee or any of its customers for any damages caused to a permittee or the system. The applicant waives any liability the village may have under M.C.L.A. §§ 460.701 et seq.
(I) Vacation. If any public rights-of-way are vacated, eliminated, discontinued, abandoned, or closed, all rights of a permittee under a permit to use the same shall terminate and the permittees at its expense shall immediately remove its system from the public rights-of-way unless the permittees obtains easements or other written instrument evidencing permission from the property owners to use the former public rights-of-way.
(J) Construction permits. No construction of a permittee's system, or any part thereof, within the public rights-of-way shall be commenced until the required written construction permits have been issued by the proper departments of the village, in addition to the permit required by this chapter, including the payment of all fees required for the issuance of the construction permits. As a condition of any construction permits so issued, the village may impose the conditions and regulations as required for compliance with this chapter and may also impose the conditions and regulations as are necessary for the purpose of protecting any structures in the public rights-of-way, proper restoration of the public rights-of-way and structures therein, protection of the public or the continuity of pedestrian or vehicular traffic. No construction permit shall be issued unless the location and depth of the system within the public rights-of-way are approved by the Public Utilities Director and Village Engineer to avoid or minimize interference with existing or future sewers, water lines, utilities, or other public improvements. No construction permit may be issued if a permittee is not in compliance with the requirements of this chapter, provided, however, that the village in its sole discretion may waive this requirement.
(K) Easements. Any easements over or under private property necessary for the construction or operations of a permittee’s system shall be arranged and paid for by a permittee. Any use of or intrusion on private property without an easement or other written instrument evidencing permission of the property owner shall constitute a trespass by the permittees and a violation of this chapter. Any easements over or under property owned by the village other than the public rights-of-way shall be negotiated with the village. The village shall be under no obligation to grant the easements.
(L) Private property. A permittee shall be subject to all laws, ordinances, or regulations regarding private property in the course of its operations and constructing, installing, operating, or maintaining the system in the village. A permittee shall comply with all zoning and land use restrictions as may exist or may hereafter be amended.
(M) Removal; abandonment.
(1) Upon the expiration, termination, or revocation of a permit, the village shall have first right and option to purchase in place any poles, wires, cables, conduits, fixtures, and other facilities of the system covered by the permit, provided, that the village shall be under no obligation to purchase all or any part of a system if renewal is denied, or upon termination or expiration of a permit. If the village and the permittees cannot agree on a price for the purchase of the facilities, then the village and permittees shall submit the issue of price to arbitration by a panel of 3 appraisers. The village and the permittees shall each select 1 appraiser, and the 2 appraisers shall together select the third. This right and option to purchase shall not include any facilities of the system which also are used to deliver cable or other services pursuant to a separate permit or franchise.
(2) Upon the expiration, termination, or revocation of a permit if the village determines that it does not want to purchase the system or any part thereof, then without expense to the village and within the time as the village may reasonably require, a permittee may either remove, in whole or in part, its system located in the public rights-of-way and restore the public rights-of-way to a condition reasonably satisfactory to the village, or abandon in whole or in part the system. If a permittees removes its system, the permittees shall not remove any underground cable or conduit which requires trenching or other opening of public rights-of-way along the extension of cable to be removed, except as expressly ordered or permitted by the village. If a permittee abandons any of its system, the village, after 30 days prior written notice, may assume control over the abandoned system as property of the village. Upon the abandonment, the village shall have no duty to compensate a permittee for the system. Additionally, a permittee shall have no claim for damages against the village arising from the villages assumption of control over the abandoned system, and a permittee by accepting a permit thereby intentionally, knowingly, and voluntarily waives the claim. Further, a permittee shall not have any obligation to the village or any third party for the abandonment of the system.
(N) Underground relocation. If a permittee has its facilities on the poles of another entity and the other entity relocates its facilities underground, the permittees shall relocate its facilities underground in the same location.
(O) Identification. All personnel of a permittee who have contact with the general public as part of their normal duties shall wear on their clothing a clearly visible identification card bearing their name and photograph. A permittee shall account for all identification cards at all times. Every service vehicle of a permittee shall be clearly identified as such to the public.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99