It is the purpose of this section to provide
for the payment and recovery of certain direct and indirect costs
and expenses of the village related to the enforcement and administration
of this chapter.
In addition to any application fee required by this chapter, each person to whom a telecommunications license or franchise or cable franchise is granted pursuant to Articles
III,
IV or
V of this chapter shall, within 30 days after written demand therefor by the village, reimburse the village for all direct or indirect costs or expenses, including professional fees, but not including salaries or overhead for village employees, incurred by the village in connection with any application for a telecommunications license, franchise or cable franchise, or a modification, amendment, renewal or transfer thereof. Where the village's authority with respect to such application has been exercised in whole or in part by an entity to whom the village has delegated such authority, the village's direct and indirect costs and expenses as provided in this section shall include the village's share of such expenses incurred by such entity.
In addition to any fees or reimbursements provided
for in this section, the village may annually for a fair and reasonable
compensation to be paid for the property rights granted to a telecommunications
license or franchise or cable franchise grantee. Nothing in this section
shall prohibit the village and a grantee from agreeing to the compensation
to be paid for the granted property rights. Where a franchise or license
agreement contains provision for such compensation, no further compensation
for public way shall be required pursuant to this section.
If a right is granted, by lease, license, franchise
or other manner, to use and occupy village property for the installation
of telecommunications facilities, the compensation to be paid shall
be fixed by the village, unless otherwise agreed upon in the license
or franchise agreement, in addition to any other fee or reimbursement
provided for in this section.
Whenever a permit is required for any construction
proposed by a telecommunications licensee or franchisee, or cable
television franchisee, pursuant to any other law, rule or regulation,
payment of any fee required for such permit shall be required, unless
otherwise agreed upon in the license or franchise agreement.
Unless otherwise agreed in a license or franchise
grant agreement, each license or franchise grantee shall pay an annual
license fee to the village equal to 5% of the gross revenues received
by the licensee or franchisee pursuant to the said license or franchise
fee. Such annual fee may be used by the village for payment or reimbursement
of costs incurred in connection with reviewing, inspecting and supervising
the use and occupancy of the public ways in behalf of the public and
existing or future users, and the administration and supervision of
the exercise of the license or franchise or for any other purpose
permitted by law.