(a) In order to provide the opportunity for the residents of any multiple unit residential dwelling to obtain service from Grantee, such Grantee may negotiate an agreement with the owner of that dwelling or, failing agreement, may request that the Village exercise its power of eminent domain for the necessary public purpose of enabling Grantee to serve residents of that multiple unit residential dwelling. Upon request of such Grantee, the Village may commence condemnation proceedings in accordance with applicable law. In the event of such proceeding, in preparing its good-faith offer of just compensation, the Village may consider:
(1) The amount and fair market value of space occupied by Grantee's cable and related facilities. The fair market value of the space shall be assessed in light of the prior use, if any, of that space, together with any evidence of nonspeculative alternative uses;
(2) The present value of any funds that the owner will reasonably expend over time in ensuring that Grantee conforms to all laws, regulations and reasonable conditions necessary to ensure the safety, convenient functioning and appearance of the multiple unit residential dwelling;
(3) The continued physical availability of other space on the premises for the installation of alternative modes of television program reception or delivery;
(4) As an offset to the amounts set forth in divisions (a) (1) and (a)(2) of this section, any increase in the fair market value of the multiple unit residential dwelling attributable to the availability of Grantee's service to the property's tenants; and
(5) Any other reasonable, nonspeculative factors which the Village may find relevant.
(b) The requesting Grantee shall indemnify the Village for expenses and costs incurred by the Village in the condemnation proceedings as well as for the full amount of the condemnation proceedings are completed or otherwise settled.
(Ord. 141. Passed 2-12-03.)