[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff
Manor 9-11-1969 by Ord. No. 159. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of Briarcliff
Manor Cable Television Ordinance."
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural number include the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory and
not merely directory.
The Board of Trustees of the Village of Briarcliff Manor.
The grantee of a franchise under this chapter.
The United States Federal Communications Commission.
The total income received, including, but not limited to, original
installation fees and rental fees.
Any individual, firm, partnership, association, corporation, company
or organization of any kind.
The State of New York.
The Village of Briarcliff Manor.
A.
General provisions. The Board of the Village
is hereby authorized to grant to a company the right and privilege to construct,
erect, operate and maintain in, upon, along, across, above, over and under
the streets, alleys, public ways and public places now laid out or dedicated,
and all extensions thereof and additions thereto, in the Village, poles, wires,
cables, underground conduits, manholes and other television conductors and
fixtures necessary for the maintenance and operation in the Village of a cable
television system for the reception, transmission, sale and distribution of
audio and video signals, including television, to the extent that such use
shall not interfere with the public's or Village's use, and to the extent
that the Village may lawfully permit the use of the above described properties
for the purpose set forth. Such company shall have the right, privilege and
authority to obtain the use of facilities of any public utility operating
in the Village, subject to acceptance by said utility and to all existing
and future rules, regulations, ordinances and laws of the Village. The Board
shall determine the manner of the issuance of the aforesaid franchise. No
such franchise shall be granted without a public hearing, notice of which
shall be published once in the official newspaper of the Village at least
10 days before the hearing.
B.
Nonexclusive. Any franchise granted under this chapter
shall not be exclusive, and nothing herein contained shall be construed to
prevent the Village from granting any other similar franchise to any other
person, and the Village hereby reserves the right to grant a similar right,
privilege and franchise.
C.
Term. A franchise granted hereunder shall run for a minimum
period of three years to a maximum period of 12 years from the date of the
resolution of the Board granting same, unless sooner terminated as hereinafter
provided.
D.
Termination or cancellation. If the company should fail
to comply with any of the provisions of its franchise, or this chapter, or
any other applicable rules, regulations, codes, resolutions or laws of the
Village, state or FCC, or if the company becomes insolvent or is adjudged
as bankrupt, the Board may, at its option, forthwith terminate the franchise
in whole or in part. In the event that the franchise is terminated, either
by expiration of time or as above set forth, then upon 30 days' written notice
from the Village Clerk, the company shall remove all of its equipment installed
on all streets, alleys, public ways and public places. If the company should
fail to remove any of said equipment upon said termination and notice, then
the Village shall have the right to remove it at the expense and cost of the
company, and the Village shall have the right to and may recover from the
company and/or surety on the company's performance bond any and all expenses
incurred by the Village in so removing said equipment.
E.
Transfer. Any franchise granted hereunder shall not be
transferable, and a company shall not sell, transfer or assign its system
to another nor transfer or assign any rights under said franchise to another,
without the prior approval of the Board, duly adopted by resolution at a regular
meeting. No sale, transfer or assignment of the franchise, or any part thereof,
shall be approved by the Board until the vendee, lessee, or assignee has filed
with the Village Clerk an instrument in writing, duly executed, reciting the
fact of such sale, assignment or lease and acknowledging and agreeing to comply
with all of the terms and conditions of said franchise.
F.
Renewal. The Board may, at its option, renew any franchise
granted hereunder for an additional period of three years to 12 years, subject
to such additional fees, terms and conditions as the Board may deem reasonable
at that time. No renewal of such franchise shall be granted without a public
hearing, notice of which shall be published once in the official newspaper
of the Village at least 10 days before the hearing.
A.
Indemnification. Any company granted a franchise pursuant
to this chapter shall indemnify and save harmless the Village, its officers
and employees, from any and all claims, damages, lawsuits, judgments and liability
arising out of or resulting from the construction, replacement, removal, operation
or maintenance of its system or the granting of said franchise or the company's
operations thereunder. These damages shall include, but shall not be limited
to, infringement of any copyright, trademark or franchise. A company shall
pay to the Village any expenses incurred by the Village in defending itself
with regard to damages above set forth, including the reasonable value of
services rendered by the Village Attorney or any other attorneys engaged by
the Village for such purpose. A company waives all claims, damages and liability
it could assert against the Village, as to all claims, damages and liability
which would not have arisen but for the company's operation and exercise of
rights under said franchise.
B.
Performance bond. Within 15 days after the adoption by
the Board of a resolution granting a franchise, a company shall file with
the Village Clerk, and shall maintain throughout the term of said franchise
and any renewal thereof, a performance bond running to the Village, with a
corporate surety licensed to do business in the State of New York, in an amount
to be determined by the Board, in form to be approved by the Village Attorney,
conditioned that the company shall well and truly observe, fulfill and perform
each term and condition of the granted franchise and this chapter, including
the indemnity provision hereinbefore set forth, and that in case of any breach
of condition of the bond, the amount thereof shall be recoverable from the
principal and surety thereof by the Village for all damages resulting from
the failure of the company to well and faithfully observe and perform any
provision of the franchise and this chapter.
C.
Insurance. Within 15 days after the adoption by the Board
of a resolution granting a franchise, a company shall file with the Village
Clerk, and shall keep in force throughout the term of said franchise and any
renewal thereof, at its sole cost and expense, a Workmen's Compensation Insurance
policy in accordance with laws of the State of New York, and a general comprehensive
liability insurance policy insuring liability on the part of the named insured
occasioned by the operation of the company under said franchise with minimum
liability limits to be determined by the Board. Such policies shall be written
by an insurance company authorized to do business in the State of New York,
shall be subject to the approval of the Village Attorney, and shall name the
company, the Village, and the officers and employees of the Village as named
insureds. If the original policies are not filed and kept on file with the
Village Clerk, then a certificate and certified copy thereof shall be so kept
on file. Each such policy shall provide that it cannot be canceled nor the
coverage reduced without 15 days' written notice by registered mail to the
Village Clerk.
A company shall not, as to rates, charges, service facilities, rules,
regulations, or in any other respect, make or grant any preference or advantage
to any person nor subject any person to any prejudice or disadvantage; provided,
however, that this shall not be deemed to prohibit the establishment of a
graduated scale of charges and classified rate schedules to which any subscriber
coming within such classification would be entitled. The rates and charges
of a company granted a franchise under this chapter shall be approved in advance
by the Board, and no change in said rates and charges shall thereafter be
made without the prior approval of the Board.
A company granted a franchise under this chapter shall pay to the Village
an annual sum of money computed upon the gross income of the company received
from subscribers within the Village in an amount to be determined by the Board.
Such annual sum shall be payable 1/2 thereof at the end of each semiannual
period. The semiannual anniversary shall be the 30th day of June and the 31st
day of December of each year and each semiannual payment shall be paid to
the Village within 30 days thereafter. The compensation hereinbefore provided
shall not relieve a company from the payment of ad valorem taxes, special
assessments, permit fees for construction, or other fees, charges, taxes and
the like applicable to the general public.
The Board shall establish and include in any franchise granted such
additional requirements as it deems proper and necessary pertaining to, but
not limited to, manner of operation, quality, area coverage, compliance with
laws, company rules and regulations, repairs, inspection, records and reports,
use of public property, placement of fixtures, restoration, relocation, tree
trimming, and local programming.
A.
Any violation by a company, its vendee, lessee or successor
of any of the provisions of its franchise or this chapter, or the failure
promptly to comply with or perform any of the provisions thereof, shall be
cause for the forfeiture of the franchise and all rights thereunder to the
Village. In such event the Board may, at its option, forthwith terminate the
franchise in whole or in part.
B.
In addition, any person violating any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $250 for each offense. Every violation of any provision of this
chapter shall be a separate and distinct offense and, in the case of any continuing
violation, every day's continuance thereof shall be deemed to be a separate
and distinct offense.[1]
