The Town Board of the Town of Clayton, pursuant to the authority
granted to it by Article 9 of the Constitution of the State of New
York, Articles 2 and 3 of the Municipal Home Rule Law and the Town
Law, hereby enacts as follows:
The Town Board of the Town of Clayton has determined that the
availability of affordable high-speed telecommunications facilities
is essential in order to foster and enhance educational opportunities,
facilitate medical services, and promote economic development, and
that it is in the public interest for the Town of Clayton to initiate
the installation and operation of infrastructure for such telecommunications
facilities as a public system.
The Town of Clayton is hereby authorized to acquire, construct,
own, maintain, repair, and replace high-speed telecommunications infrastructure
to include, but not limited to, wires, poles, hardware, software,
easements and other property interests within and without the jurisdictional
boundaries of the Town of Clayton as it may deem necessary to promote,
provide and enhance telecommunications to foster educational opportunities,
facilitate medical services, and promote economic development.
In furtherance of the purposes as determined by this chapter,
the Town of Clayton is authorized to lease its telecommunications
infrastructure to public and private institutions, agencies, authorities,
companies, and individuals, whether within or without the jurisdictional
boundaries of the Town of Clayton, who wish to provide or procure
telecommunication services through the telecommunications infrastructure
owned by the Town of Clayton.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town of Clayton is authorized to incur obligations and issue
evidence of indebtedness pursuant to the provisions of the Local Finance
Law for the purposes of acquisition, construction, maintenance, repair,
replacement, and operation of its telecommunications infrastructure.
For the purposes of borrowing pursuant to the Local Finance Law, high-speed
telecommunications infrastructure shall be deemed to be unspecified
betterments and improvements as defined by § 11.00, Subdivision
a(35) of the Local Finance Law.
The authority to acquire, construct, own, maintain, repair,
replace, and operate the Town of Clayton's telecommunications
infrastructure is hereby vested in the Town Board of the Town of Clayton.
The Town Supervisor of the Town of Clayton is hereby vested with the
day-to-day management of the Town of Clayton's telecommunications
system.