1997 045 Ordinance - Laserfiche WebLink

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3.8 Discontinuing Use of Facilities Whenever Permittee intends to discontinue using any Facility within the Streets, Permittee shall submit for the Village's approval a complete description of the Facility and the date on which the Permittee intends to discontinue using the Facility. Permittee may remove the Facility or request that the Village permit it to remain in place. Notwithstanding the Permittee's request that any such Facility remain in place, the Village may require the Permittee to remove the Facility from above the Street or modify the Facility to protect the public, health, welfare, safety, and convenience, or otherwise serve, the public interest. The Village may require the Permittee to perform a combination of modification and removal of any such above-ground Facility. Permittee shall complete such removal or modification in accordance with a schedule set by the Village and shall restore the area to a condition satisfactory to the Village. Until such time as Permittee removes or modifies the Facility as directed by the Village, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, Permittee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the Street, in the same manner and degree as if the Facility were in active use, and Permittee shall retain all liability for such Facility. 3.9 Hazardous Substances (1) Permittee shall comply with all applicable Federal, State and local laws, statutes, regulations, and orders, including but not limited to the National Electric Safety Code, concerning hazardous substances relating to Permittee's System in the Streets. (2) Permittee shall maintain and inspect its System located in the Streets. Upon reasonable notice to the Permittee, the Village may inspect Permittee's Facilities in the Streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Permittee's System. In removing or modifying Permittee's Facilities as provided in this Permit, Permittee shall also remove all residue of hazardous substances related thereto. (3) Permittee agrees to forever indemnify the Village against any claims, costs, and expenses, of any kind, nature and description whether direct or indirect, including reasonable attorney fees, incurred by the Village arising out of release of hazardous substances caused by Permittee's System. 3.10 Undergrounding of Cable Permittee's existing Facilities and existing portions of the Permittee's System shall be placed underground at the Permittee's expense when other Utilities in the same Rights-of--Way place their Facilities underground or when required of all Utilities and Persons by general ordinances of the Village or applicable State or federal law. 9