Town of Clayton, NY Chapter 200 Telecommunications Facilities

[HISTORY: Adopted by the Town Board of the Town of Clayton 6-28-2000 by L.L. No. 1-2000. Amendments noted where applicable.]

§ 200-1 Legislative authority.

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:

§ 200-2 Statement of legislative purpose and findings.

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.

§ 200-3 Grant of authority.

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.

§ 200-4 Use of infrastructure.

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.

§ 200-5 Borrowing authority.

[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.

§ 200-6 Operational control.

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.