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.
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 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 the 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 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 ways 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 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 said license or franchise. 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.