A. Grant of franchise. Subject to all the terms and conditions contained in the applicable franchise agreement, the Village shall grant licensees a non-exclusive franchise to erect, construct, install, operate and maintain a cable system in, over, under, along and across the public ways of the Village.
B. Acceptance of franchise. Licensees shall agree, during the term of any franchise agreement, to erect, construct, install, operate and maintain a cable system in the Village in conformance with the provisions of the applicable franchise agreement.
C. Public rights in public ways. Each licensee shall acknowledge that, by a franchise agreement, it obtains no rights to, or further use of, the public ways other than those expressly granted in the franchise agreement. In the event of any dispute as to the priority of use of the public ways, the first priority shall be to the public generally, the second priority to the Village, and the third priority to the State of Illinois and its political subdivisions in the performance of their various functions.
D. Easements. Any easements over, under, upon, across or through private property or over public property of persons other than the Village that are necessary for the construction or operation of a cable system shall be arranged by the licensee. Any easements over, under, upon, across, or through any property owned by Village, other than the public ways, shall be separately negotiated with Village; provided, however, that licensees shall not locate any buildings or hub sites in such easements without the prior approval of the Village. In addition, to the extent provided by federal and state law, licensees may use easements within the authorized area that have been dedicated for compatible uses, on private property or over public property of persons other than the Village, or over property owned by Village.
E. Emergencies. Consistent with the exercise of its police powers, the Village may remove or damage portions of a cable system in the case of fire, disaster, or other emergencies, as determined by the Village. In such event, neither the Village nor any agent, contractor or employee thereof shall be liable to a licensee or its customers or third parties for any damages caused them or the cable system, such as for, or in connection with, protecting, breaking through, moving, removal, altering, tearing down, or relocating any part of the cable system. Where possible, prior notice shall be given to licensees. In any event, notice of such action shall be given to licensees after such removal or damage to the extent that Village has knowledge that such removal to, or damage of, the cable system occurred.
F. Other permits. Except as set forth in section 10-20, this chapter does not relieve licensees of the obligation to obtain permits, licenses, and other approvals from Village or other units of government that are required for the construction, repair or maintenance of a cable system or from compliance with the Municipal Code and ordinances generally applicable to persons occupying or operating in the Village's public ways or easements.
(MC-10-2007, Added, 07/10/2007)