(A) No waiver. Nothing in this chapter shall be construed as a waiver of any codes, ordinances, or regulations of the village or the village's right to require permittee or persons using a system or system services to secure appropriate permits or authorization for the use.
(B) Police powers; reasonable control. The village fully reserves its police powers to ensure and protect the public health, safety, and welfare and fully reserves its authority and power to amend this chapter at any time. The terms and conditions of any permit shall be subject to compliance with all future amendments of this chapter and of other ordinances adopted by the village. The village fully reserves its right to exercise the reasonable control of the public rights-of-way and transaction of business pursuant to Article 7, § 29 of the 1963 Michigan Constitution and regulate activities pursuant to various village enabling acts presently or hereinafter adopted.
(C) Eminent domain. Nothing in this chapter or any permit shall limit any right the village may have to acquire by eminent domain any property of a permittee.
(D) Taxes; fees; assessments; licenses; permits. Nothing in this chapter shall be construed to limit the authority of the village to impose a tax, fee, or other assessment of any kind on any person. A permittee shall pay all fees necessary to obtain all federal, state, and local licenses, permits, and authorizations required for the construction, installation, maintenance, or operation of its system within the public rights-of-way.
(E) No liability or warranty. Neither this chapter nor any act or omission of the village shall be construed to create or hold the village responsible or liable for any damage to persons or property by reason of any inspection or reinspection by the village required or authorized by this chapter or failure of the village to conduct the inspection or reinspection. The issuance of any authorization, permit, or license by the village, or other action or transaction of the village, shall not constitute any representation, guarantee, or warranty by the village of any kind to any person, customer, or a permittee and shall not be a defense against a permittee's obligation to indemnify and hold the village harmless as provided in § 158.26.
(F) No recourse. A permittee shall have no recourse against the village for any loss, expense, or damage resulting from the terms and conditions of this chapter or because of the village's enforcement thereof. The village makes no warranty as to the scope or effectiveness of the dedication of any part of the public rights-of-way, some of which may have been taken by user and in which the rights of a permittee, the village, and/or the public may be claimed by adjacent property owners or others to be limited. Furthermore, the rights granted by any permit are subject to the restrictions as may exist, now or in the future under the laws and common law of the State of Michigan and the United States of America. By accepting a permit, a permittee acknowledges that it is relying upon its own investigation and understanding of the power and authority of the village to grant a permittee its rights under this chapter and permit.
(G) Availability of books and records. In addition to material required to be furnished to the village, a permittee shall fully cooperate in making available at reasonable times, and the village shall have the right for any purpose specified in this chapter or in the village's other ordinances, to inspect during normal business hours the books, records, maps, plans, and other like materials of a permittee applicable to its system located within the public rights-of-way or its operation.
(H) Interest. All sums not paid when due under this chapter shall have interest added to the unpaid portion or portions until paid in full, with interest calculated monthly at a rate equal to 9% per annum or the other interest rate as set by resolution of the Village Council.
(Ord. 236, passed 4-17-2000)