(a) The village shall have the option to request the right to install and maintain, free of charge, upon any poles and within any underground pipes and conduits or like facilities of any telecommunication and utility or special permittee, communications facilities (“village facilities”) solely for governmental use desired by the village unless:
(1) Such installation and maintenance unreasonably and materially interferes with existing and future operations of the permittees; or
(2) Such installation and maintenance would be unduly burdensome to such permittee. Each permittee shall cooperate with the village in the planning and design of its facilities so as to accommodate the village’s reasonably disclosed governmental requirements. Neither the village facilities nor the capacity or bandwidth thereon shall be leased, licensed or otherwise made available to third parties. The village’s use and occupancy of a permittee’s conduit shall be limited to the right to occupy a single inner duct in any given conduit and a single attachment to any given pole.
(b) The village’s right to use and occupy a permittee’s poles or conduit shall be subject to any and all reasonable terms and conditions the permittee requires of other third party users of its poles and conduit. The village shall pay the permittee the reasonable cost to make the poles or conduit ready for the village’s use and occupancy. Nothing herein shall be construed to require a permittee to construct poles or conduits where none exist or to rearrange, modify or alter its facilities on a pole or conduit in order to provide space for village facilities where space is not otherwise available.
(Ord. 6-97, passed 7-14-1997)