[HISTORY: Adopted by the Township Committee
of the Township of Montville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-14-2019 by Ord. No. 2019-03[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Cablevision of Oakland, LLC, adopted 3-11-2008 by Ord. No. 2008-08.
For the purpose of this ordinance the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
Cablevision of Oakland, LLC ("Cablevision") the grantee of
rights under this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section
521 et seq. and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any
other federal rules and regulations relating to cable television,
including but not limited to, those described in 47 C.F.R. Section
76.3), or as such regulations may be amended.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township of Montville in the County
of Morris, and the State of New Jersey.
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing having been held and fully open to the public,
and the municipality having received all comments regarding the qualifications
of Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Township of a cable television system
or other communications facility, and for the provision of any communication
service over such facilities. Operation and construction, pursuant
to said consent, is conditioned upon prior approval of the Board of
Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and Cablevision shall
be bound by the terms of this municipal consent until such time as
Cablevision converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
The consent granted under this ordinance to Cablevision shall
apply to the portion of Montville Township, County of Morris, State
of New Jersey, having generally triangular configuration, bounded
on the east by the Township of Lincoln Park, on the northeast by the
Township of Kinnelon, on the south by Indian Lane, on the west by
Jacksonville Road and Brook Valley Road; and including also properties
fronting (existing and future) on the west side of Jacksonville Road
for its full length north of Indian Lane, properties fronting (existing
and future) on the west side of Brook Valley Road for its full length
north of Jacksonville Road, and properties fronting on Tumbling Brook
Drive and South Road as they presently exist.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the franchise territory, as described in the application for municipal
consent, at Cablevision's schedule of rates for standard and
nonstandard installation.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Township to require payment of a franchise fee by Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the municipality.
A.
Cablevision shall, upon written request, provide free of charge,
one standard installation and monthly cable television reception service
to all state or locally accredited public schools and all municipal
public libraries, as well as municipal buildings located within the
Township.
B.
Upon written request from the Township, the company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Township, without charge, the following:
(1) one standard installation per school or library; (2) one cable
modem per installation; and, (3) basic cable modem service for the
term of this ordinance for each installation. This offer shall be
subject to the terms, conditions and use policies of the company,
as those policies may exist from time to time.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the Township:
A.
In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
B.
If at any time during the period of this consent, the municipality
shall alter or change the grade of any street, alley or other way
or place, the company, upon reasonable notice by the Township shall
remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving permit issued
by the Township, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days prior written notice in order
to arrange for the changes required.
D.
During the exercise of its rights and privileges under this consent,
the company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent, sufficient
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
The rates of the company for cable television service shall
be subject to regulation to the extent permitted by federal and state
law.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Township pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Township or any other person, during an emergency,
if for any reason the municipality is unable to make full use of the
cable television system as contemplated herein. The Township shall
utilize the state-approved procedures for such emergency uses.
A.
In the event that the service of another multichannel video program
provider not subject to the Township's regulatory authority within
the Township creates a significant competitive disadvantage to Cablevision,
the company shall have the right to request from the Township lawful
amendments to its franchise that relieve it of burdens which create
the unfair competitive situation. Should the company seek such amendments
to its franchise, the parties agree to negotiate in good-faith appropriate
changes to the franchise in order to relieve the company of such competitive
disadvantages. If the parties can reach an agreement on such terms,
the Township agrees to support the company's petition to the
Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7.
B.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Township acknowledges that the company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Township shall be under no obligation to support cablevision's
request for such relief from the Board.
C.
In any subsequent municipal consent, Township shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Township's regulatory authority
as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, Township agrees to support the company's petition to
the Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the company of competitive
disadvantages identified in the company's petition.
Upon expiration, termination or revocation of this ordinance,
Cablevision at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable services authorized herein,
unless Cablevision, its affiliated entities or assignees should, within
six months after such expiration, termination or revocation obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
A.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the Township as described in the application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B.
The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the company
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, or to the extent that they conflict with
state or federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws; as such laws, rules
and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
A.
Notices required under this ordinance shall be in writing and shall
be mailed, first class, postage prepaid, to the addresses below. Either
party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this ordinance
shall run from receipt of such written notice.
(1)
Notices to the company shall be mailed to:
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Altice USA
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1 Court Square West
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Long Island City, NY 11101
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Attention: Vice President for Government/Public Affairs, New
Jersey
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(2)
With a copy to:
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Cablevision of Oakland, LLC
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c/o Altice USA
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1 Court Square West
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Long Island City, NY 11101 Attention: Legal Department
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(3)
Notices to the Township shall be mailed to:
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Township of Montville
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Municipal Building/Business offices
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195 Changebridge Rd.
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Montville, New Jersey 07045
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Attention: Township Administrator
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B.
Notwithstanding anything herein to the contrary, regulatory notices
from Cablevision to the Township which are required pursuant to 47
C.F.R. Part 76 may be served electronically upon the Township, instead
of by first class mail as described above, to an email address provided
by the Township.
This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this ordinance. Nothing herein shall alter the
right of the company to seek modification of this ordinance in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this ordinance will no longer be
in effect upon Cablevision converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
[Adopted 3-11-2008 by Ord. No. 2008-09]
For the purpose of this ordinance the terms
defined above[1] shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and is
incorporated herein by reference and made a part hereof, except as
modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, Inc d/b/a Cablevision of Morris ("Cablevision")
the grantee of rights under this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq. and the Telecommunications Act of 1996, or
as those statutes may be amended.
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
The installation of drop cable to a customer's premises where
the distance from the point of entry into the building being served
is less than 150 feet from the active cable television system plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township of Montville in the County
of Morris and the State of New Jersey.
[1]
Editor's Note: The phrase "the terms defined above" apparently refers to the following which appears in the preamble to Ord. No. 2008-09: ”...the governing body of the Township of Montville (hereinafter referred to as the 'Township') determined that CSC TKR, Inc d/b/a/ Cablevision of Morris, (hereinafter referred to as 'the company...'" The terms "township" and "company" are also defined in this § A445-25.
A public hearing concerning the consent herein
granted to Cablevision was held after proper public notice pursuant
to the terms and conditions of the Act. Said hearing having been held
and fully open to the public, and the municipality having received
all comments regarding the qualifications of Cablevision to receive
this consent, the Township hereby finds Cablevision possesses the
necessary legal, technical, character, financial and other qualifications
to support municipal consent, and that Cablevision's operating and
construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its
nonexclusive consent to place in, upon, along, across, above, over,
and under its highways, streets, alleys, sidewalks, public ways, and
public places in the municipality poles, wires, cables, and fixtures
necessary for the maintenance and operation in the Township of a cable
television system, and for the provision of any communication service
over the such system as may be authorized by federal or state regulatory
agencies. Operation and construction, pursuant to said consent, is
conditioned upon prior approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive
and shall be for a term of 10 years from the date of issuance of a
certificate of approval by the Board.
If Cablevision seeks a renewal of the consent
provided herein, it shall, prior to the expiration of this consent,
apply for a municipal consent and certificate of approval in accordance
with N.J.S.A. 48:5A-16, and applicable state and federal rules and
regulations. The company shall also petition the Board for approval
authorizing continued operation during the period following expiration
of the consent granted herein, and until such a time that a decision
is made by the Township and the Board relative to the renewal of said
consent.
The consent granted under this ordinance to
Cablevision shall apply to the entirety of the Township and any property
hereafter annexed.
Cablevision shall be required to proffer video
programming service along any public right-of-way to any person's
residence located in the franchise territory at tariffed rates for
standard and nonstandard installation.
Cablevision shall extend service along any public
right-of-way outside its primary service area to those residences
within the franchise territory which are located in areas that have
a residential density of 25 homes per mile or greater, or areas with
less than 25 homes per mile where residents agree to share the costs
of such extension in accordance with the line extension formula as
provided by the company in its application for municipal consent.
Cablevision shall pay to the Township an annual
franchise fee in accordance with N.J.S.A. 48:5A-30.
A.
Cablevision shall, upon request, provide, free of
charge, one standard installation and monthly cable television reception
service to all state or locally accredited public elementary and secondary
schools and all municipal public libraries, as well as municipal buildings
located within the Township.
B.
Upon written request from the Township, the company
shall provide to state and locally accredited elementary and secondary
schools and municipal public libraries in the Township, without charge,
the following: (1) one standard installation per school or library;
(2) one cable modem per installation; and (3) basic cable modem service
for the term of this ordinance for each installation. This offer shall
be subject to the terms, conditions and use policies of the company,
as those policies may exist from time to time.
C.
Upon written request from the Township, the company
shall provide to one municipally owned facility, without charge, the
following: (1) one standard installation; (2) one cable modem per
installation; and (3) basic cable modem service for the term of this
ordinance for each installation. This offer shall be subject to the
terms, conditions and use policies of the company as those policies
may exist from time to time.
Cablevision shall perform construction and installation
of its plant and facilities in accordance with applicable state and
federal law. The company shall be subject to the following additional
construction requirements with respect to the installation of its
plant and facilities in the Township:
A.
In the event that the company or its agents shall
disturb any pavement, street surfaces, sidewalks, driveways or other
surfaces, the company shall at its sole expense restore and replace
such disturbances in as good a condition as existed prior to the commencement
of said work, as determined by the Township's Engineer under the Township's
generally applicable laws, rules and regulations.
B.
If any time during the period of this consent, the
municipality shall alter or change the grade of any street, alley
or other way or place, the company, upon reasonable notice by the
Township, shall remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving
permit issued by the Township, the company shall temporarily move
or remove appropriate parts of its facilities so as to permit the
moving or erection of buildings or for the performance of other work.
The expense of any such temporary removal or relocation shall be paid
in advance to the company by the person requesting the same. In such
cases, the company shall be given not less than 14 days prior written
notice in order to arrange for the changes required.
D.
During the exercise of its rights and privileges under
this consent, the company shall have the authority to trim trees upon
and overhanging streets, alleys, sidewalks and public places of the
Township so as to prevent the branches of such trees from coming in
contact with the wires, cables, conduits and fixtures of the company.
Such trimming shall be only to the extent necessary to maintain proper
clearance for the company's facilities.
Cablevision shall comply with the technical
and customer service standards established for the cable industry
under applicable federal and state laws, rules and regulations.
Cablevision shall establish and maintain during
the entire term of this consent a local area business office or agent
for the purpose of receiving, investigating and resolving complaints
regarding the quality of service, equipment malfunctions and similar
matters. Said office shall be open daily during normal business hours,
and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday,
with the exception of holidays.
The Office of Cable Television is hereby designated
as the complaint officer for the Borough pursuant to the provisions
of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed
in accordance with N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force
and effect at its sole cost at all times during the term of this consent
sufficient liability insurance naming the Township as an additional
insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of $500,000 for bodily
injury or death to one person, and $1,000,000 for bodily injury or
death resulting from any one accident or occurrence stemming from
or arising out of the company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its
sole cost and expense, during the entire term of this ordinance, a
bond in form acceptable to the municipality in the amount of $25,000.
Such bond shall be to insure the faithful performance of its obligations
as provided in this franchise.
The rates of the company for cable television
services shall be subject to regulation to the extent permitted by
federal and state law.
Cablevision shall be required to have the capability
to override the audio portion of the system in order to permit the
broadcasting of emergency messages by the Township pursuant to state
and federal requirements. The company shall in no way be held liable
for any injury suffered by the Township or any other person during
an emergency if, for any reason, the municipality is unable to make
full use of the cable television system as contemplated herein. The
Township shall utilize the state-approved procedures for such emergency
uses.
A.
In the event that the service of another multichannel
video program provider not subject to the Township's regulatory authority
within the Township creates a significant competitive disadvantage
to Cablevision, the company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of the
burdens which create the unfair competitive situation. Should the
company seek such amendments to its franchise, the parties agree to
negotiate in good faith appropriate changes to the franchise in order
to relieve the company of such competitive disadvantages. If the parties
can reach an agreement on such terms, the Township agrees to support
the company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.
If the parties are unable to reach an agreement on
appropriate amendments to the franchise, the Township acknowledges
that the company shall have the right to petition the Board directly
for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C.
14:17-6.7; provided, however, that the Township shall be under no
obligation to support Cablevision's request for such relief from the
Board.
C.
In any subsequent municipal consent, the Township
shall require, at a minimum, the same terms and conditions of any
other provider of multichannel video programming subject to the Township's
regulatory authority as those contained in the instant consent. In
the event such subsequent consent does not contain the same terms
and conditions as the instant consent, the Township agrees to support
the company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve
the company of competitive disadvantages identified in the company's
petition.
Upon expiration, termination or revocation of
this ordinance, Cablevision, at its sole cost and expense and upon
direction of the Board, shall remove the cables and appurtenant devices
constructed or maintained in connection with the services authorized
herein, unless Cablevision, its affiliated entities or assignees should,
within six months after such expiration, termination or revocation,
obtain certification from the FCC to operate an open video system
or any other federal or state certification to provide telecommunications.
A.
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in
the application for municipal consent.
B.
The Township agrees that Cablevision shall retain
the right to use the PEG-access channel, or portion thereof, for non-PEG-access
programming, during times when the Township is not utilizing the channel
for purposes of providing PEG-access programming. In the event that
the company uses said PEG-access channel for the presentation of such
other programming, the PEG programming shall remain the priority use,
and the company's rights with respect to using the channel for non-PEG
programming shall be subordinate to the Township's provision of PEG-access
programming on such channel.
C.
In consideration for the rights granted in this ordinance,
the company shall provide the Township with a grant in the amount
of $33,000. Cablevision shall provide an initial grant payment of
$6,000 within the first year of the new franchise agreement. The remaining
grant of $27,000 shall be provided in annual installments of $3,000,
upon written request by the Township (the "annual grant"). The annual grant may be used by the Township
for any cable and/or other telecommunications-related purpose as the
Township, in its discretion, may deem appropriate. Cablevision shall
not be obligated to make any additional payments beyond year 10 of
the franchise. The annual grant shall be payable to the Township within
60 days from receipt of the Township's written request. Notwithstanding
the foregoing, should Cablevision apply for a system-wide certification
or otherwise convert its municipal consent to a system-wide certification
in accordance with applicable law, it shall be relieved of any payments
due and owing after the date of such conversion or award of a system-wide
franchise.
All of the commitments contained in the application
and any amendment thereto submitted in writing to the Township by
the company, except as modified herein, are binding upon Cablevision
as terms and conditions of this consent. The application and any other
written amendments thereto submitted by Cablevision in connection
with this consent are incorporated in this ordinance by reference
and made a part hereof, except as specifically modified, changed,
limited, or altered by this ordinance, or to the extent that they
conflict with state or federal law.
This consent shall be construed in a manner
consistent with all applicable federal, state and local laws.
If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portion
thereof.
This ordinance shall take effect upon issuance
of a certificate of approval as issued by the Board of Public Utilities.
