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Each license or franchise grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
Within 30 days following written notice from the village, a license or franchise grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the corporate authorities shall have determined that such removal, relocation, chant or alteration is reasonably necessary for:
(A) The construction, repair, maintenance or installation of any village or other public improvement in or upon the public ways.
(B) The operations of the village or other governmental entity in or upon the public ways.
(Ord. 96-15, passed 4-3-96)
Within 30 days following written notice from the village, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the village shall, at its own expense, remove such facilities or appurtenances from the public ways of the village. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
(A) Upon expiration or termination of the grantee's telecommunications license or franchise.
(B) Upon abandonment of a facility within the public ways of the village.
(C) If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise.
(D) If the system or facility was constructed or installed without the prior issuance of a required construction permit.
(E) If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
The village retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
(Ord. 96-15, passed 4-3-96)
Unless directly and proximately caused by the willful, intentional or malicious acts by the village, the village shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the village as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the village.
(Ord. 96-15, passed 4-3-96)
(A) When a license or franchise grantee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or village property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the village.
(B) If weather or other conditions do not permit the complete restoration required by this section, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(C) A grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
Each license or franchise grantee shall provide the village with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. Each grantee shall provide updated maps annually.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
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