[HISTORY: Prior cable franchise agreement was adopted by
Ord. No. 05-05 and codified in the 1983 Code as Chapter A204.]
Preface and findings.
Whereas, the governing body of the Borough of Pompton Lakes
(hereinafter referred to as the "Borough") determined that Cablevision
of Oakland, LLC (hereinafter referred to as "the Company" or "Cablevision")
had the technical competence and general fitness to operate a cable
television system in the Borough, and by prior ordinance granted its
municipal consent for Cablevision to obtain a non-exclusive franchise
(the "Franchise") for the placement of facilities and the establishment
of a cable television system in the Borough; and
Whereas, by application for renewal consent filed with the Borough
and the Office of Cable Television on or about May 4, 2015, Cablevision
has sought a renewal of the Franchise; and
Whereas, the Borough having held public hearings has made due
inquiry to review Cablevision's performance under the Franchise,
and to identify the Borough's future cable-related needs and
interests and has concluded that Cablevision has substantially complied
with its obligations under the Franchise and applicable law and has
committed to certain undertakings responsive to the Borough's
future cable-related needs and interests;
Whereas, the governing body of the Borough has accordingly concluded
that the consent should be renewed subject to the requirements set
forth below; and that, provided Cablevision's proposal for renewal
embodies the commitments set forth below, the Borough's municipal
consent to the renewal of the Franchise should be given; and
Whereas, imposition of the same burdens and costs on other competitors
franchised by the Borough is a basic assumption of the parties;
Now Therefore, Be it Ordained by the Mayor and Council of the
Borough of Pompton Lakes, County of Passaic, and State of New Jersey,
as follows:
[Ord. No. 2016-12, Preface,
§ 1]
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:
A.
ACT or CABLE TELEVISION ACT — Shall mean 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.
B.
APPLICATION — Shall mean Cablevision's application for
Renewal of Municipal Consent, which application is on file in the
Borough Clerk's office and is incorporated herein by reference
and made a part hereof, except as modified, changed, limited or altered
by this Ordinance.
C.
BOARD — Shall mean the Board of Public Utilities of the State
of New Jersey or its successor agency.
D.
BOROUGH — Shall mean the governing body of the Borough of Pompton
Lakes in the County of Passaic, and the State of New Jersey.
E.
COMPANY — Shall mean Cablevision of Oakland, LLC ("Cablevision")
the grantee of rights under this Ordinance.
F.
FCC — Shall mean the Federal Communications Commission.
G.
FEDERAL ACT — Shall mean 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.
H.
FEDERAL REGULATIONS — Shall mean 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.
I.
STANDARD INSTALLATION — Shall mean the installation of drop
cable to a customer's premise 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.
J.
STATE — Shall mean the State of New Jersey.
K.
STATE REGULATIONS — Shall mean 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.
[Ord. No. 2016-12 § 2]
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 Borough 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.
[Ord. No. 2016-12 § 3]
The Borough hereby grants to Cablevision its non-exclusive 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 Borough 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.
[Ord. No. 2016-12 § 4]
This consent granted herein shall be non-exclusive and shall
be for a term of 15 years from the date of issuance of a Certificate
of Approval by the Board.
[Ord. No. 2016-12 § 5]
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 Borough 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.
[Ord. No. 2016-12 § 6]
The consent granted under this Ordinance to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
[Ord. No. 2016-12 § 7]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence as described
in the Application for municipal consent, at Cablevision's schedule
of rates for standard and nonstandard installation.
[Ord. No. 2016-12 § 8]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Borough, 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 Borough. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Borough and
Cablevision shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Borough 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.
[Ord. No. 2016-12 § 9]
A.
Cablevision shall, upon written request, provide free of charge,
one standard installation and monthly basic cable television reception
service to all State or locally accredited public and private elementary
and secondary schools and all municipal public libraries, as well
as municipal buildings located within the Borough that are used for
municipal governmental purposes.
B.
Upon written request from the Borough, the Company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Borough, 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.
[Ord. No. 2016-12 § 10]
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 Borough:
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 Borough 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 Borough, 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 Borough 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.
[Ord. No. 2016-12 § 11]
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and State laws, rules and regulations.
[Ord. No. 2016-12 § 12]
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. With
the exception of holidays, 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.
[Ord. No. 2016-12 § 13]
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.
[Ord. No. 2016-12 § 14]
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 Borough 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.
[Ord. No. 2016-12 § 15]
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.
[Ord. No. 2016-12 § 16]
A.
The rates of the Company for cable television services shall be subject
to regulation to the extent permitted by federal and State law.
B.
"Cablevision shall continue to offer a senior citizen discount in
the amount of 10% off the monthly broadcast basic level of cable television
service rate to any person 62 years of age or older, who subscribes
to cable television services provided by the Company, subject to the
following:
1.
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and,
2.
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21; and,
3.
The senior discount herein relates only to the broadcast basic level
of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the Company, including any
premium channel services and pay-per-view services; and,
4.
Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per channel
a la carte service, shall not be eligible for the discount; and,
5.
The Company shall have no further obligation to provide the senior
discount herein in the event that (a) the Company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification
that another cable television service provider offering services to
residents of the Borough files, in accordance with N.J.S.A. 48:5A-30(d),
that it is capable of serving 60% or more of the households within
the Borough. In the event the Company does cease providing a senior
discount pursuant to this provision, it shall comply with all notice
requirements of applicable law.
[Ord. No. 2016-12 § 17]
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 Borough pursuant to state and federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Borough 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 Borough shall
utilize the state-approved procedures for such emergency uses.
[Ord. No. 2016-12 § 18]
In the event that the service of another multi-channel video
program provider not subject to the Borough's regulatory authority
within the Borough creates a significant competitive disadvantage
to Cablevision, the Company shall have the right to request from the
Borough 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 Borough 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.
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the Borough 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 Borough shall be under no obligation to support Cablevision's
request for such relief from the Board.
In any subsequent municipal consent, Borough shall require,
at a minimum, the same terms and conditions of any other provider
of multi-channel video programming subject to the Borough'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, Borough 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.
[Ord. No. 2016-12 § 19]
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.
[Ord. No. 2016-12 § 20]
A.
Cablevision shall continue to make available non-commercial public,
educational and governmental (PEG) access services available to the
residents of the Borough as described in the Application for municipal
consent on a twenty-four-hour a day, seven day a week basis, subject
to paragraph B below. All Cablevision support for PEG access shall
be for the exclusive benefit of Cablevision's subscribers.
B.
The Borough 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 Borough 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 Borough's provision of PEG access programming
on such channel.
C.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this section 26-1.21.
D.
Cablevision shall provide the Borough with a one-time PEG grant of
up to $36,000 payable as follows: (1) an initial grant payment of
$8,000 within 90 days of the issuance of the Certificate of Approval
by the Board of Public Utilities (the "Initial Grant"); and (2) a
grant up to $28,000 provided in annual installments of $2,000 each,
upon written request by the Borough (the "Annual Grant). Each installment
of the Annual Grant shall be payable to the Borough annually during
the term of this Franchise, within 90 days from receipt of the Borough's
written request. Cablevision shall not be obligated to make any additional
payments beyond year 15 of the franchise term.
E.
The Borough agrees that the Initial Grant and the Annual Grant provided
pursuant to Paragraph D shall be used for the exclusive support of
PEG access programming, such as the purchase and/or rental of PEG
access equipment and facilities. On request, the Borough shall provide
Cablevision with a certification of compliance with this section 26-1.20(E).
F.
The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the Company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
[Ord. No. 2016-12 § 21]
All of the commitments contained in the Application and any
amendment thereto submitted in writing to the Borough 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.
[Ord. No. 2016-12 § 22]
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.
[Ord. No. 2016-12 § 23]
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.
[Ord. No. 2016-12 § 24]
Notices required under this Ordinance shall 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.
|
Notices to the Company shall be mailed to:
|
|
Cablevision Systems Corporation
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New
Jersey
|
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With a copy to:
|
|
Cablevision of Oakland, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
|
|
Notices to the Borough shall be mailed to:
|
|
Borough of Pompton Lakes
25 Lenox Avenue
Pompton Lakes, New Jersey 07442
Attention: Borough Administrator
|
[Ord. No. 2016-12 § 25]
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.
[Adopted 6-11-1980 by Ord. No. 80-17; 1983 Code codified as Chapter A203]
[1]
Editor's Note: At the time of adoption of the 2016 Code,
New Jersey Bell Telephone Company's successor is Verizon.
[1983 Code § A203-1]
Pursuant to the provisions of N.J.S.A. 48:17-10 and N.J.S.A. 48:17-11, and subject to the provisions of § A203-4 hereof, permission and consent is hereby granted to New Jersey Bell Telephone Company, its successors and assigns to erect, construct, reconstruct, remove, locate, relocate, replace, inspect, maintain, repair and operate its communications facilities and other transmission or process equipment, including underground facilities such as conduits, manholes, cables, subways and facilities appurtenant thereto, and aerial and buried facilities, such as cables, wires, antennas, poles, posts, supports, guys, pedestals, cable termination and distribution cabinets and all other facilities appurtenant thereto in, through, upon, along, over, under and across all of the various public ways, sidewalks, streets, roads, avenues, highways, bridges, waterways and other public places and parts thereof throughout their entire length, and to effect the necessary street openings and lateral connections to curb poles, property lines and other facilities in the Borough of Pompton Lakes for said company's local and through lines and other communications facilities in connection with the transaction of its business. All of the public ways, including, by way of illustration and not of limitation, the various sidewalks, streets, roads, avenues, highways, bridges and waterways and other public places and parts thereof throughout their entire length located in this municipality are hereby designated and prescribed for the uses and purposes of said company as aforementioned.
[1983 Code § A203-2]
All poles, posts, pedestals, cabinets or other facilities hereafter
to be erected, constructed, reconstructed, located, relocated, maintained,
repaired or operated shall be located and placed back of the curblines
where shown on the Official Maps of the Borough of Pompton Lakes.
The poles and posts, however, shall be located within 18 inches of
the face of such curbline or as may otherwise be mutually agreed by
both parties, or at the points or places now occupied by the poles,
posts, pedestals, cabinets or other facilities of New Jersey Bell
Telephone Company, its successors and assigns and where there are
no curblines at other convenient points or places in, upon, along,
adjacent or across the public ways, streets, roads, avenues, highways
or other public places as may be mutually agreed upon between the
parties.
[1983 Code § A203-3]
A.
New Jersey Bell Telephone Company may bury its cables and associated
equipment, fixtures, process equipment and appurtenances within the
right-of-way of the various public ways, sidewalks, streets, roads,
avenues, highways and other public places and parts thereof and at
such locations as shall be mutually agreed upon by the parties for
said company's local and through lines and communications facilities.
B.
Underground conduits shall be placed below the surface of said public
ways, sidewalks, streets, roads, avenues, highways and other public
places and parts thereof and, with the exception of lateral branches
to curb poles and property lines and other facilities, said conduits
generally shall not be constructed more than 10 feet from the curbline,
unless obstructions make it necessary to deviate from such course
or unless the parties mutually agree to another location. Underground
conduits shall be placed at least 18 inches below the surface.
C.
Manholes shall be located at such points along the line of subways
or underground conduits as may be necessary or convenient for placing,
maintaining and operating the facilities, cables, conductors and other
appurtenances or process equipment which said company may from time
to time place in said subways or underground conduits and which shall
be so constructed as to conform to the cross sectional and longitudinal
grade of the surface so as not to interfere with the safety or convenience
of persons or vehicles.
[1983 Code § A203-4]
A.
Before proceeding with any new construction or relocation work in
an area covered by this ordinance, New Jersey Bell Telephone Company
shall give prior notice in writing thereof to the Borough of Pompton
Lakes, by its designated representative, of its intention to perform
such work, including therewith a map or plan showing the location
and size of such facilities. Such maps or plans are for the information
of the municipality only and shall not be considered as construction
specifications upon which subsequent excavation or other work may
proceed either by the municipality or a third party.
B.
Prior to the opening or excavating of any public ways, sidewalks,
streets, roads, avenues, highways or other public places or parts
thereof for the purpose of installing, maintaining or operating its
underground systems as aforementioned, the company shall only be required
to first obtain such street opening or excavation permits and pay
such reasonable fees therefor as may be required to cover the costs
of administration and inspection as provided by any ordinances regulating
such openings or excavations. No building permits or zoning variances
shall be required.
[1983 Code § A203-5]
The surface of the public ways, sidewalks, streets, roads, avenues,
highways and other public places and any pavement or other surface
and/or planting disturbed by New Jersey Bell Telephone Company in
constructing its facilities shall be restored to as good condition
as it was before the commencement of work thereon. No highways or
other public ways shall be encumbered for a period longer than shall
be necessary to execute the work. Such restoration shall be subject
to the approval of the Borough of Pompton Lakes after an inspection
by its authorized representative upon completion of the work.
[1983 Code § A203-6]
Whenever a curbline shall be established on streets where one
does not now exist or where an established curbline shall be relocated
in order to widen an existing street or highway in conjunction with
road construction being performed by the Borough of Pompton Lakes,
New Jersey Bell Telephone Company shall change the location of its
poles, pedestals and related appurtenances so that the same shall
be back of and adjacent to the new curbline so established, upon receipt
of notice that the curbline has been so established, so long as the
municipality has acted with reasonable care in establishing the new
curbline and providing notice thereof.
[1983 Code § A203-7]
Any company or corporation having legal authority to erect and
maintain poles, posts or pedestals upon any of the public ways, sidewalks,
streets, roads, avenues, highways or other public places in the Borough
of Pompton Lakes may jointly use the company's poles, posts,
pedestals or other structures for all lawful purposes, provided that
the company consents to such use and on terms and conditions acceptable
to the company and not inconsistent with the provisions of the present
ordinance.
[1983 Code § A203-8]
A.
New Jersey Bell Telephone Company shall provide without charge for
the sole benefit of the Borough of Pompton Lakes and for as long as
this ordinance shall continue in effect, space on its poles so long
as said poles are occupied by the company and space, to the extent
available, in its main subways existing on the date of passage of
this ordinance but not exceeding one clear duct of standard size,
solely to accommodate the wires or electrical conductors required
for one-way signal control in connection with this municipality's
police patrol, fire alarm signal control and traffic signal control
systems only, but for no other uses or purposes, either alone or in
conjunction therewith, nor for circuits for the supply of electrical
energy for traffic or other signals, nor for wires, conductors, cable
or the equivalent which provide a means of transmitting any signal
to a private commercial or residential location and which is normally
provided by a nongovernmental supplier, provided further that no such
use or attachment by the municipality shall interfere with the plant
or facilities of or the use thereof by the company. All costs or expenses
incurred by the company in connection therewith shall be paid by the
Borough of Pompton Lakes.
B.
Before proceeding with the attachment of its wires to the poles or
the placing of its electrical conductors in the main subways or manholes
of the company, either by itself or by a person, firm or corporation
engaged to perform such work, the Borough of Pompton Lakes shall give
the company 30 days' prior notice in writing. All such work shall
be performed under the supervision of said company. If any or all
of the said streets or highways are later taken over by the Board
of Chosen Freeholders of the County of Passaic or the State of New
Jersey, Department of Transportation, such Board of Chosen Freeholders,
or the Department of Transportation shall have such rights and privileges
and be subject to the same terms, conditions and limitations of use
as herein granted by this ordinance to the Borough of Pompton Lakes;
provided, however, that satisfactory prior arrangements as may be
necessary are made with the Borough of Pompton Lakes and the company
for the full protection of the respective interests of each.
C.
In the event of vacation of any public streets or way by the Borough
of Pompton Lakes, the municipality agrees to reserve unto New Jersey
Bell Telephone Company the rights granted the company by the present
ordinance.
[1983 Code § A203-9]
The Borough of Pompton Lakes agrees to indemnify, save harmless and in the event of suit to defend New Jersey Bell Telephone Company from and against all losses, costs, damages, claims or demands arising out of or caused or alleged to have been caused in any manner by the use or enjoyment by the Borough of Pompton Lakes of the company's utility poles, plant or facilities, including location in the subways of the company of any wires or electrical conductors of the Borough of Pompton Lakes in accordance with subsection 26-2.8 above, including all suits or actions of every kind or description brought against the company, either individually or jointly with the Borough of Pompton Lakes or another, including those brought by employees of said municipality for or on account of any damage or injury to any person or persons or property, caused or occasioned or alleged to have been caused by or on account of the performance of any work by the Borough of Pompton Lakes associated with the installation or maintenance of any such wires, cables, electrical conductors or other facilities either attached to said company's utility poles or located in its main subways, or through any negligence or alleged negligence in performing such work operations or through any act, omission or fault or alleged act, omission or fault of the Borough of Pompton Lakes, its employees or agents.
[1983 Code § A203-10]
A.
Following final passage of this ordinance and acceptance thereof
by New Jersey Bell Telephone Company, the permission and consent granted
herein shall continue and be in full force and effect for a period
of 50 years from the date of its approval by the New Jersey Board
of Public Utilities as required by law, subject to the right of the
company to seek such changes herein as it may deem necessary and reasonable
from time to time and prior to the expiration of said period.
B.
New Jersey Bell Telephone Company for itself, its successors and
assigns agrees to maintain its property within the Borough of Pompton
Lakes in good order throughout the full term of the present ordinance;
shall furnish safe, adequate and proper service within the Borough
of Pompton Lakes at just and reasonable rates; and, at and after expiration
of the term of the present ordinance, to safeguard the public interest
in continuous and uninterrupted service within the Borough of Pompton
Lakes.
[1983 Code § A203-11]
New Jersey Bell Telephone Company agrees to indemnify and save
harmless the Borough of Pompton Lakes from and against all costs or
expenses resulting from any loss of life or property, or injury or
damage to the person or property of any person, firm or corporation
(including, but not limited to the parties hereto and their respective
officers, agents and employees), and from any and all claims, demands,
liabilities or actions for such loss, injury or damage, caused by
or arising out of the road conditions resulting from any excavations,
installation or maintenance connected with the work or equipment of
said company, or both, when not attributable to the fault, failure,
or negligence of the Borough of Pompton Lakes, except that if such
loss, injury or damage shall be caused by the joint or concurring
negligence or fault of the company and the Borough of Pompton Lakes,
the same shall be borne by them to the extent of their respective
fault or negligence.
[1983 Code § A203-12]
Nothing herein contained shall be construed to grant unto said
New Jersey Bell Telephone Company, its successors and assigns, an
exclusive right or to prevent the granting of permission and consent
to other companies for like purposes on any of the streets, roads,
avenues or highways of the Borough of Pompton Lakes.
[1983 Code § A203-13]
The term "Borough" as used in this ordinance shall be held to
apply to and include any form of municipality or government into which
the Borough of Pompton Lakes or any part thereof may at any time hereafter
be changed, annex or merged, and the term "Borough" or any other herein
used in referring to the governing body of the Borough of Pompton
Lakes shall be held to apply to and include the governing body of
such other form of municipality.
[1983 Code § A203-14]
The permission and consent hereby granted shall apply to and
cover all communications facilities of the company existing at any
time and related structures, process equipment and appurtenances heretofore
or hereafter erected, constructed, reconstructed, removed, located,
relocated, replaced, maintained, repaired or operated by New Jersey
Bell Telephone Company, its predecessors, successors or assigns within
the Borough of Pompton Lakes.
