(a) No property owner, condominium association, managing agent, lessee or other person in possession or control of any residential building located within the franchise area shall forbid or prevent any occupant, tenant or lessee of any such building from receiving cable television services from the franchisee, or demand or accept payment from any such occupant, tenant or lessee in any form as a condition of permitting the installation of cable television facilities or the maintenance of cable television service in any such building or any portion thereof occupied or leased by such occupant, tenant or lessee, nor shall such property owner, condominium association, managing agent, lessee or other person discriminate in rental charges or otherwise against any occupant, tenant or lessee receiving cable service, provided, however, that:
(1) The owner of such building may require, in exchange and as compensation for permitting the installation of cable television facilities within and upon such building, a reasonable sum to be paid by the cable television franchisee which provides such cable television service, such sum to be determined in accordance with subsections (c) and (d) hereof; and
(2) The cable television franchisee installing such cable television facilities shall agree to indemnify the owner of such building for any damage caused by the installation, operation or removal of such cable television facilities and service.
(b) No property owner, condominium association, managing agent, lessee or other person in possession and control of any improved or unimproved real estate located within the franchise area shall forbid or prevent the franchisee or grantee from entering upon such real estate for the purpose of and in connection with the construction or installation of such cable television facilities, nor shall any such property owner, condominium association, managing agent, lessee or other person in possession or control of such real estate forbid or prevent the grantee from construction or installing upon, beneath or over such real estate, including any buildings or other structures located thereon, hardware, cable, equipment, materials or other cable television facilities utilized by the grantee in the construction and installation of such cable television system, provided, however, that:
(3) The owner of any such real estate may require, in exchange and as compensation for permitting the construction or installation of cable television facilities upon, beneath or over such real estate, a reasonable sum to be paid by the grantee which provides such cable television service, such sum to be determined in accordance with subsections (c) and (d) hereof; and
(4) The grantee who is constructing or installing such cable television facilities shall agree to indemnify the owner of such real estate for any damage caused by the installation, operation or removal of such cable television facilities and service.
(c) In any instance in which the owner of a residential building or the owner of improved or unimproved real estate intends to require the payment of a reasonable sum in excess of one dollar ($1.00) in exchange for permitting the installation of cable television facilities in and upon such building or upon, beneath or over such real estate, the owner shall serve written notice thereof upon the grantee and the Cable Television Commission. Such notice shall be served within twenty days of the date on which such owner and the Commission are notified of the grantee's intention to construct or install cable television facilities in and upon such building or upon, beneath or over such real estate. Unless timely notice, as provided in this subsection, is given by the owner to the grantee and the Commission, it will be conclusively presumed that the owner of any such building or real estate does not claim or intend to require a payment of more than one dollar ($1.00) in exchange and as compensation for permitting the installation of cable television facilities within and upon such building or upon, beneath or over such real estate.
(d) An owner of a residential building described in subsection (a) hereof, or an owner of improved or unimproved real estate described in subsection (b) hereof, who has given timely written notice to the grantee and the Commission as provided in subsection (c) hereof, may assert a claim for reasonable compensation. If within sixty days after the receipt of the owner's claim, the grantee has not agreed to pay the amount claimed or some other amount acceptable to the owner, the owner may bring suit to enforce such claim for compensation. Any such action shall be brought within six months of the date of the notice provided for in subsection (c) hereof. In any action brought to enforce such right, it shall be presumed that reasonable compensation therefor shall be one dollar ($1.00), but such presumption may be rebutted and overcome by proof that the owner has a specific alternative use for the space occupied by cable television facilities, the loss of which will result in a monetary loss to the owner, or that installation of cable television facilities within and upon such building or upon, beneath or over such real estate otherwise substantially interferes with the use and occupancy of such building to an extent which causes a decrease in the resale or rental value of such building or real estate.
(e) The giving of a notice under subsection (c) hereof, the assertion of a specific claim or the initiation of legal action to enforce such claim, as provided in subsection (d) hereof, shall not delay or impair the right of the grantee to construct or install cable television facilities and maintain cable television services within or upon any building described in subsection (a) hereof or upon, beneath or over real estate described in subsection (b) hereof.
(f) No owner of a residential building described in subsection (a) hereof or of improved or unimproved real estate described in subsection (b) hereof shall resell, without the express, written consent of the grantee and the Board of Trustees, any cable service, program or signal transmitted by a cable television company operating under a franchise issued by the Village.
(Ord. 639. Passed 3-12-84.)