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1997 045 Ordinance
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1997 045 Ordinance
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Last modified
11/19/2018 4:04:51 PM
Creation date
9/4/2018 9:13:29 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
045
Date
11/10/1997
Year
1997
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3.5 Acquisition of Facilities <br />Upon Permittee's acquisition of Facilities in any Street in the Village, or upon the addition <br />or annexation to the Village of any area in which Permittee owns or operates any Facility, the <br />Permittee shall, at the Village's request, submit to the Village a statement describing all Facilities <br />involved, whether authorized by Franchise, Permit, License or other prior right, and specifying the <br />location of all such Facilities to the extent the Permittee has possession of such information. Such <br />Facilities shall immediately be subject to the terms of this Permit. <br />3.6 Reservation of Village Streets Rights <br />Nothing in this Permit shall prevent the Village or public Utilities owned, maintained and/or <br />operated by public entities other than the Village from constructing sewers; grading, paving, repairing <br />and/or altering any Street; laying down, repairing or removing water mains; or constructing or <br />establishing any other public work or improvement. All such work shall be done, insofar as <br />practicable, so as not to obstruct, injure or prevent the use and operation of Permittee's System. <br />However, if any of the Permittee's System interferes with the construction or repair of any Street or <br />public improvement, including construction, repair or removal of a sewer or water main such portion <br />of the Permittee's System shall be removed or replaced in the manner the Village shall reasonably <br />direct, and the Village shall in no event be liable for any damage to any portion of Permittee's System. <br />Any and all such removal or replacement shall be at the expense of the Permittee. Should Permittee <br />fail to remove, adjust or relocate its Facilities by the date established by the written notice of the <br />Village to Permittee, the Village may effect such removal, adjustment or relocation, and the <br />reasonable expense thereof shall be paid by Permittee, including all reasonable costs and expenses <br />incurred by the Village due to Permittee's. delay. <br />3.7 Street Vacation <br />If any Street or portion thereof used by Permittee is vacated by the Village during the term <br />of this Permit, unless the Village specifically reserves to Permittee the right to continue its installation <br />in the vacated Street, Permittee shall, without delay or expense to the Village, remove or discontinue <br />its use of its Facilities from such Street, and restore, repair or reconstruct the Street where such <br />removal has occurred, and replace the Street in the condition found. In the event of failure, neglect <br />or refusal of Permittee, after a time period to be negotiated by the Village and Permittee, to restore, <br />repair or reconstruct such Street, the Village may do such work or cause it to be done, and the cost <br />thereof, maybe collected by Village from the Performance Bond of Permittee, if any. <br />
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