(A) Rights-of-way use agreement application. An application for rights-of-way use agreement, on village forms, shall be presented to the village in writing and shall include all such information as is required by this Code. This application requires payment of a nonrefundable application fee of $750, which fee shall be utilized to offset the village’s costs in this process, consistent with applicable law. If applicable, the applicant shall be obligated to reimburse the village for its reasonable expenses associated with the review, negotiation and adoption of an appropriate rights-of-way use agreement that may reasonably exceed the application fee amount. The application will be used to determine the qualifications and eligibility of the applicant to be granted either a license agreement, franchise, or rights-of-way use agreement under the Municipal Code, and federal and state law, and to assist the village in ensuring compliance of the applicant with applicable law, and adapting any agreement to unique or special circumstances as may be established by the applicant. The applicant shall be responsible for accurately maintaining the information in the application during the term of any rights-of-way use agreement and shall be responsible for all costs incurred by the village due to the failure to provide or maintain as accurate any application information required herein.
(B) Franchise application. This provision shall not override any section in the Municipal Code of the Village of Swansea which describes, controls, or regulates franchise agreements. Such provisions remain in full force and effect.
(C) No warranty. The village makes no express or implied representation or warranty regarding its rights to authorize the installation or construction of facilities or utilities on any particular segment of rights-of-way and shall not be liable for any damage therefrom. The burden and responsibility for making all such determinations in advance of construction or installation shall be entirely upon the applicant. Such applicant shall be wholly liable for any damages to facilities or other property due to any work, improvement, or maintenance performed on the rights-of-way, without cost or liability to the village. No remedies or monetary recourse may be enforced against or paid by the village arising from the use of rights-of-way.
(D) Third parties. Except as otherwise provided by written agreement or as required by law, no franchise, license, or permit may be transferred or assigned to a third party without the written application to and consent of the village based on the requirements and policies of this section and § 93.66.
(Ord. 1821, passed 4-23-2018)