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§ 115.120 EMERGENCY REMOVAL OR RELOCATION OF FACILITIES.
   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)
§ 115.121 DAMAGE TO GRANTEE'S FACILITIES.
   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)
§ 115.122 RESTORATION OF PUBLIC WAYS, OTHER WAYS AND VILLAGE PROPERTY.
   (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
§ 115.123 FACILITIES MAPS.
   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
§ 115.124 DUTY TO PROVIDE INFORMATION.
   Within ten days of a written request from the Village Administrator, each license or franchise grantee shall furnish the village with information sufficient to demonstrate:
   (A)   That grantee has complied with all requirements of this chapter.
   (B)   That all municipal sales, message and/or telecommunications taxes due the village in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee.
   (C)   All books, records, maps and other documents, maintained by the grantee with respect to its facilities within the public ways shall be made available for inspection by the village at reasonable times and intervals.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.125 LEASED CAPACITY.
   A license or franchise grantee shall have the right, without prior village approval, to offer or provide capacity or bandwidth to its customers; provided:
   (A)   Grantee shall furnish the village with a copy of any such lease or agreement.
   (B)   The customer or lessee has complied, to the extent applicable, with the requirements of this chapter.
(Ord. 96-15, passed 4-3-96)
§ 115.126 GRANTEE INSURANCE.
   Unless otherwise provided in a license or franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the village, and its elected and appointed officers, officials, agents and employees as coinsureds:
   (A)   Comprehensive general liability insurance with limits not less than:
      (1)   $5,000,000 for bodily injury or death to each person;
      (2)   $5,000,000 for property damage resulting from any one accident; and,
      (3)   $5,000,000 for all other types of liability.
   (B)   Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.
   (C)   Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
   (D)   Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.
   (E)   The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:
      “It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the Village, by registered mail, of a written notice addressed to the Village Administrator of such intent to cancel or not to renew.”
   (F)   Within 60 days after receipt by the village of said notice, and in no event later than 30 days prior to said cancellation, the grantee shall obtain and furnish to the village replacement insurance policies meeting the requirements of this section.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
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