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(a) In addition to the other requirements set forth herein, each general and special franchise permittee shall:
(1) Locate its improvements within the right-of-way in a manner which attempts to anticipate and preserve available space for future use by the Municipality or other permittees;
(2) Use its best efforts to cooperate with other permittees and the Municipality for the best, most efficient, most aesthetic and least obtrusive use of rights-of- way, consistent with safety, and to minimize traffic and other disruptions, including street cuts;
(3) Participate in such joint planning and advance notification of right- of-way work, excepting such work performed in emergencies or other exigent circumstances, as required by this chapter and as may be more specifically set forth in the regulations;
(4) Cooperate with other non-residential permittees in utilization of, construction in and occupancy of private rights-of-way, but only to the extent the same is not inconsistent with the grant thereof or is not additionally burdensome to any property owner;
(5) Upon written notice of, and at the direction of, the Village Manager, and at the permittee's sole cost, promptly remove or rearrange facilities as necessary, e.g. during any construction, repair or modification of any street, sidewalk, Municipal utility or other public improvement, or if additional or subsequent Municipal or other public uses of rights-of-way are inconsistent with then current uses of permittees or for any other reasonable cause as determined by the Village Manager;
(6) Provide maps or other information in such form and at such times, no less than annually, as the regulations require. Said maps and information shall locate, describe and identify all uses, structures and facilities of such permittee of and in the rights-of-way;
(7) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way in accordance with good engineering and construction practice, including any appropriate safety codes, and in accordance with the regulations, and use best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or any structure located therein, to a condition materially equivalent to its condition prior to such work, and do so in a manner which minimizes any inconvenience to the public, the Municipality and other permittees, all in accordance with the regulations;
(8) Register with all appropriate underground reporting services;
(9) Cooperate with the Village Manager with regard to periodic inspections during the installation and ongoing monitoring of any facilities to insure compliance with the regulations; and
(10) Not enter into leases or other agreements for the use of such permittee's facilities located within the rights-of-way, unless otherwise set forth in a permit and without the Municipality's prior written approval. All such leases or agreements shall be filed with the Village Manager.
(b) Each permittee shall assure that any subcontractors or others performing any work or services in the right-of-way on behalf of said permittee comply with all applicable provisions of this chapter and said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said permittee had performed or failed to perform any such obligation.
(Ord. 97-01. Passed 1-21-97.)