[Ord. 5/19/93B § 1]
The Town of Guttenberg hereby grants to Vision Cable Television
Company, which name is designated on the amended application and filed
with the Public Utility Commission of the State of New Jersey, its
consent to place in, upon, along, across, above, over and under the
highways, streets, alleys, sidewalks, public ways and public places
in the Town, poles, wire, cables, underground conduits, manhole and
other television conductors and fixtures necessary for the maintenance
and operation in the Town of a cable television system and cable communications
system.
[Ord. 5/19/93B § 2]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. Such
meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission (47 C.F.R. 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
- Shall mean Chapter 186 of the General Laws of New Jersey, 1972, Section 48:5A-1 et seq.
- COMPANY
- Shall mean the grantee of rights under this chapter and is known as Vision Cable Television company, which name is designated on the amended application filed with the Public Utility Commission of the State of New Jersey.
- MUNICIPALITY
- Shall mean the Town of Guttenberg, County of Hudson, in the State of New Jersey.
[Ord. 5/19/93B § 3]
Public hearings concerning the franchise herein granted to the
Company were held after proper public notice pursuant to the terms
and conditions of the Act and pursuant to communications with the
Board of Regulatory Commissioners and on dates meeting the approval
of representatives of all applicants. The hearings have been held
as above stated and have been fully open to the public; and the Municipality
having received at these hearings all comments regarding the qualifications
of the Company to receive this franchise, the Municipality hereby
finds that the Company possesses the necessary legal, technical, character,
financial and other qualifications, and that the Company's operating
and construction arrangements are adequate and feasible.
[Ord. 5/19/93B § 4]
The consent herein granted shall expire 15 years from the date
of the expiration of the original Certificate of Approval as issued
by the Board of Public Utilities. This term shall be automatically
renewed for a period of 10 years unless either the Municipality or
the Company shall, not later than 60 days before the expiration of
the initial term, serve upon the party notice of its intention not
to accept such automatic renewal as set forth in N.J.S.A. 48:5A-25.
[Ord. 5/19/93B § 5]
If the Company seeks a successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
Certificate of Approval in accordance with the Cable Television Act,
N.J.S.A. 48:5A-11 and 16 and applicable State and Federal rules and
regulations. The Company shall also petition the Board for a Certificate
of 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 Mayor and Board of Council relative to the
renewal of the consent.
[Ord. 5/19/93B § 6]
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 in the nature of subscription fees paid from subscribers to
its cable television reception service in the Municipality, or any
amount permitted by the New Jersey Cable Television Act or otherwise
allowed by law.
[Ord. 5/19/93B § 7]
The consent granted herein to the Company shall apply to the
entirety of the Municipality of the Town of Guttenberg, and any property
hereafter annexed by the Municipality by law.
[Ord. 5/19/93B §§ 8]
The Company shall be required to complete any proposed construction
within the service area described in the application. The timetable
as presented in the application incorporated herein has been determined
to be reasonable by the Town of Guttenberg.
[Ord. 5-19-93B § 9]
The Company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
those areas of the franchise territory described herein, in accordance
with the proposal for the provision of services as described in the
application. Any additional extension of the system will be made in
accordance with the proposal in the application.
[Ord. 5/19/93B § 10]
a.
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 the work.
b.
Relocation. If any time during the period of this consent the Town
shall alter or change the grade of any street, alley or other way
or place, the Company, upon reasonable notice by the Municipality,
shall remove, re-lay and relocate its equipment at the expense of
the Company.
c.
Temporary Removal of Cables. The Company shall temporarily move or
remove appropriate parts to is facilities to allow moving of buildings,
machinery or in other similar circumstances. The expense shall be
borne by the party requesting such action except when requested by
the Municipality, in which case the Company shall bear the cost.
d.
Removal or Trimming 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 Town 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 facilities.
[Ord. 5/19/903 B § 11]
During the term of this franchise and any renewal thereof, the
Company shall maintain a local business office or agent for the purpose
of receiving, investigating and resolving all complaints regarding
the quality of service, equipment, malfunctions and similar matters.
The present address of the Company for such purpose is 200 Roosevelt
Avenue, Palisades Park, New Jersey. Such local business office shall
be open during normal business hours, but in no event less than 9:00
a.m. through 5:00 p.m., Monday through Friday.
[Ord. 5/19/93B § 12]
The Cable Television Advisory Committee formed by the Mayor
and Board of Council, or any designated persons or entity which may
be appointed from time to time by the Mayor and Board of Council,
shall be empowered to receive any complaints and to process these
complaints to the Office of Cable Television, which is hereby designated
as the Complaint Officer for the Municipality pursuant to N.J.S.A.
48:5A-26(b). All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-7.1.
[Ord. 5/19/93B § 13]
During the life of the franchise, the Company shall give a performance
bond to the Town of Guttenberg in the sum of $25,000. Such bond shall
be to insure the faithful performance of all undertakings of the Company
as represented in its application for municipal consent incorporated
herein.
[Ord. 5/19/93B § 14]
The Town, having determined the rates proposed in the application
for cable television receipt service are reasonable, approves them
as presented, subject to review and regulation by the Board, if permitted
by law.
[Ord. 5/19/93B § 15]
The Basic Service includes those channels which the Company
is required to carry by Federal Communications Commission rules and
any channel which the Company carries without a separate or additional
charge.
[Ord. 5/19/93B § 16]
The Company agrees to maintain and keep in full force and effect,
at its sole expense, at all times during the term of this consent,
sufficient liability insurance naming the Town of Guttenberg as an
insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of
a.
$150,000 for bodily injury or death to any one person, within the
limit, however, of $500,000 for bodily injury or death resulting from
any one accident;
b.
$100,000 for property damages resulting from any one accident, and
c.
$50,000 for all other types of liability; or for any other amounts
statutorily mandated.
[Ord. 5/19/93B § 17]
The Company shall hold the Town of Guttenberg harmless for any
liability arising out of the Company's operation and construction
of its CATV system.
[Ord. 5/19/93B § 18]
If any section, subsection, sentence, clause, phrase, or portion
of this chapter 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.
[Ord. 5/19/93 § 19]
It is understood that should any State or Federal agency or
body modify, change or alter any of its provisions with respect to
cable television generally, such modifications, changes or alterations
shall be incorporated into this consent consistent with the application
dates specified in the change.
[Ord. 5/19/93B § 20]
This municipal consent shall become effective as of the date
upon which the Town of Guttenberg received written notification that
the Company accepts the terms and conditions herein.
