The Village of St. Bernard shall not allow any entity to operate telecommunication services or a telecommunications systems in St. Bernard without a license hereby granted by the Village. Such license as granted by the Village would give the Grantee the right to install, operate and maintain a telecommunications system in Village's right of way under the following terms and conditions:
(a) Any installation must be compatible with the Village's telecommunications policy objectives as allowed by federal and state laws.
(b) Grantee agrees to pay the Village a licensing fee in the amount of fifty cents (50¢) foot of conduit constructed in the Village whether utilized or not.
(c) Grantee may install in the public rights of way new telecommunications systems and conduit facilities only with the prior approval of the Village. It is understood that the Village is concerned about limited rights of way, space ability, traffic delays, interruption to business and other factors consumed with the welfare of the public good. Notwithstanding any other provision of this chapter, nothing in this chapter is to be construed as giving Grantee the right to extend its system without prior Village approval.
(d) Whenever Grantee desires to expand the telecommunications system identified, it shall inform the Village of its plans prior to implementing the project. Any expansion requiring excavation shall not be permitted without prior approval of the Village.
(e) Grantee is given the right to operate its telecommunication system for a period of ten years commencing with the execution of an agreement by the parties.
(f) Grantee shall comply with all applicable federal, state and local laws or regulations, compensation and auditing.
(g) Grantee shall pay to the treasurer of the Village, throughout the term of this chapter, as compensation for the occupation, disturbance and use of the public rights of way one dollar ($1.00) for each foot of wire installed in the Village. Such funds shall be paid on a quarterly basis forty-five days after the end of each quarter.
(h) Accompanying each payment to the Village the Grantee shall file with the Village a report of its calculation of the payment setting forth the amount of conduit laid in the Village and the calculation of the licensing fee.
(i) All of Grantees certified financial statements, books, maps, and records concerning its system and its calculation of payments to the Village pursuant to Section 749.03(a) shall be open for inspection by an appropriate officer of the Village or its designee at all convenient times to determine the amount of compensation due to the Village from Grantee under this agreement.
(j) As additional compensation Grantee shall collect from any of its consumers/lessees which act as third party resellers of telecommunications services and paid to the Village on a quarterly basis an amount equal to the fee paid by Grantee with identical terms as those utilized by the parties in determining Grantees payment to the Village.
(Ord. 17-1997. Passed 5-15-97.)
(Ord. 17-1997. Passed 5-15-97.)