[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:
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.[1] 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.
[1]
Editor's Note: See N.J.S.A. 48:5A-1 et seq.
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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 48:5A-1 et seq.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
