It is the purpose of this article 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.
[Amended 11-27-2007 by L.L. No. 8-2007]
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 Article III, IV or V of this chapter shall, within 30 days after written demand therefor by the Village, reimburse the Village for all direct and indirect costs and 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 or renewal 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 article,
the Village may annually fix a fair and reasonable compensation to be paid
for the property rights granted to a telecommunications license or franchise
or cable franchise licensee or franchisee. Nothing in this article shall prohibit
the Village and a licensee or franchisee 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 the
use of the 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 article.
Whenever a permit is required for any construction proposed by a telecommunications
licensee or franchisee, or cable 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.
[Amended 11-27-2007 by L.L. No. 8-2007]
Unless otherwise agreed in a license or franchise agreement, each licensee
and franchisee shall pay an annual license fee to the Village as established
from time to time by resolution of the Board of Trustees.[1] 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 on 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.
