[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 1-5-1976 (Ch. 165
of the 1976 Code). Amendments noted where applicable.]
The Board of Trustees may, by majority vote, issue to any person,
firm or corporation a permit to construct, maintain and operate, in
the streets, alleys and public places in the Village of Monticello,
lines, cables, wires, wiring and other apparatus for the purpose of
receiving, amplifying and distributing television signals and television
in the Village of Monticello, subject to the conditions hereinafter
set forth.
No towers or poles shall be erected by the permittee without
the express consent of the Board of Trustees, Village of Monticello,
nor except at locations to be approved by said Board of Trustees of
the Village of Monticello, which consent shall be evidenced by written
permit authorized by the Village Manager. The permittee shall, at
its own expense, move its lines, cables, wires, towers, poles and
other apparatus to other locations when the Village of Monticello,
through its authorities, may require for safety or convenience of
said Village or other permit holders and of inhabitants affected thereby.
All installations made by the permittee shall be made in good,
substantial, safe condition and maintained in such condition at all
times. The permittee shall promptly replace and properly restore in
a manner satisfactory to the Village any sidewalk, curb or highway
that may be disturbed in the doing of the work permitted hereunder.
The permittee shall make no excavations in the streets, alleys and
public places without first procuring a written permit from the Village
Manager or other authorized representative of the Village, and all
work of such kind shall be done under the supervision of the Village
departments affected thereby and so as to meet the approval of the
Board of Trustees.[1]
The permittee shall comply with all rules and regulations now
in force or which may hereafter be put in force with respect to proper
installation and construction of lines, cables, wires, wiring and
other apparatus authorized hereunder to be installed. The right to
change and adopt new regulations from time to time is reserved to
the Village of Monticello.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The permittee shall furnish public liability insurance in a
solvent surety company authorized to do business in the State of New
York, to be approved by the Village Manager, to indemnify and save
the Village of Monticello harmless from damages or injury to persons
or property and from loss and expense caused by the negligence or
default of the permittee, whose policy of insurance shall provide
maximum amounts of liability as follows and shall name the Village
of Monticello as one of the insured:
The service furnished by the permittee shall be first-class
service, and the same shall be furnished to every person in the Village
of Monticello within reasonable reach of its facilities and within
a reasonable time after demand for such service has been made, upon
equal and exact terms for the same class of service, and the matter
of whether or not a reasonable return on the cost of making extensions
can be obtained shall be left exclusively to the Board of Trustees,
after a fair hearing concerning such matter.
The Board of Trustees shall have the right to review rates and
charges which may be made by the permittee for connections and service
rendered by it to the inhabitants of the Village of Monticello. No
rates for such purposes shall be established or charged by the permittee
until the same shall have been approved by the Board of Trustees,
and no change of rates approved shall be made except after a fair
public hearing before the Board of Trustees. Written notice of any
proposed changes shall be given at least 30 days prior to such hearing.
The permit authorized by this chapter shall not be transferred,
assigned or sublet by the permittee without the consent of the Board
of Trustees of the Village of Monticello.
The permit authorized by this chapter shall remain in effect
unless revoked for failure of the permittee to comply with the terms
and conditions hereof, after due notice and hearing. In the event
of cancellation or other termination, the permittee shall, at its
own expense, forthwith remove all of its construction and equipment
from the streets, alleys and public places in the Village and restore
the same to good condition satisfactory to the Village Manager or
other authorized officials.
The permit authorized by this chapter shall never be construed
to be a franchise.
In consideration for the permit authorized by this chapter,
the permittee shall, on or before the first day of January in each
and every year throughout the existence of the permit or any extension
thereof, pay the Village of Monticello a permit fee as shall be established
from time to time by resolution of the Board of Trustees.[1]
