[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 9-26-1988 (Ch. 150 of the 1974 Code). Amendments noted where applicable.]
The municipality hereby grants to the company renewal of its nonexclusive municipal consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other television conductors, fixtures, apparatus and equipment as may be necessary for the construction, operation and maintenance in the municipality of a cable television system and cable communications system.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of terms shall be supplemental to those definitions of the Federal Communications Commission (47 CFR 76.5) and the Cable Television Act (N.J.S.A. 48:5A-1 et seq.) and shall in no way be construed to broaden, alter or conflict with the federal or state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey 1972, N.J.S.A. 48:5A-1 et seq.
- The Board of Public Utilities.
- The grantee of rights under this ordinance, known as the "Storer Cable Communications of Gloucester County, Inc., d/b/a Storer Cable Communications."
- The Borough of Westville, County of Gloucester, in the State of New Jersey.
- The Office of Cable Television within the Department of Public Utilities.
A public hearing concerning the renewal of municipal consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held as above stated and said hearing having been fully open to the public, and the municipality having received at said hearing all comments regarding the qualifications of the company to receive this renewal of municipal consent, the municipality hereby finds that the company possesses the necessary legal, technical, character, financial and other qualifications and that the company's operating arrangements are adequate and feasible.
The renewal of municipal consent and all rights herein granted shall take effect and be in force for a period of 15 years and shall be automatically renewed and continue in force and effect for an additional term of 10 years subject to the terms and conditions of the statutes of the State of New Jersey governing the franchising of cable television.
Pursuant to the terms and conditions of the Act, the company shall, during each year of operation under the consent granted herein, pay to the municipality 2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the municipality.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed thereto.
The company has completed significant construction within the municipality.
The company shall be required to proffer service to any person's residence located in those areas of the municipality as set forth in and in accordance with the company's application for renewal of municipal consent. Any additional extension of the system which is necessary in the future but not contemplated in the application shall be made in accordance with the line extension policy as set forth in the company's application.
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall at its sole expense restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of such work.
Relocation. 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 municipality, shall at its sole expense, remove, relay and relocate its equipment.
Temporary removal of cables. The company shall, upon request of the municipality, at the company's expense, temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances. Whenever the request for removal is made by, for or on behalf of private parties, the cost will be borne by those same parties.
Removal or trimming of trees. During the exercise of its rights and privileges under this franchise, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's wires and cables.
The Office of Cable Television is hereby designated as the complaint officer for the municipality, pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the period of construction, the company shall give a bond to the municipality, which bond shall be in the amount of $25,000. Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application for renewal of municipal consent incorporated herein.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, the company shall be required to apply (if required by law) to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board shall be borne by the municipality.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing two-way service, the company shall be required to apply (if required by law) to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application shall be borne by the municipality.
All of the written commitments contained in the written application for renewal of municipal consent filed by the company, except as modified herein, are to be considered binding upon the company as the terms and conditions of this consent, and that application shall be made a part hereof by reference thereto.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or federal or state agency 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 portions hereof.
This municipal consent shall become effective as of the date of expiration of the company's existing certificate of approval as issued by the Board.