[Ord. 5/19/93B, § 1;
amended 11-23-2020 by Ord. No.
30-20]
The Town of Guttenberg ("Town") hereby grants to Spectrum New
York Metro, LLC ("Company") its nonexclusive 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,
wires, cables, underground conduits, manholes and other 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;
amended 11-23-2020 by Ord. No.
30-20]
For the purposes 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
given under federal law, including but not limited to those of the
Federal Communications Commission, FCC Rules and Regulations 47 CFR
76.1 et seq., and the Communication Act of 1934 at 47 U.S.C. § 521
et seq., as amended, 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 federal or state definitions:
Chapter 186 of the General Laws of NJ, and subsequent amendment
thereto, Section 48:5A-1 et seq.
Spectrum New York Metro, LLC, an indirect subsidiary of Charter
Communications, Inc., the grantee of rights under this chapter.
The Town of Guttenberg, County of Hudson, State of NJ.
[Ord. 5/19/93B, § 3;
amended 11-23-2020 by Ord. No.
30-20]
A public hearing concerning the consent herein granted to the
Company 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 Town having received all comments regarding
the qualification of the Company to receive this consent, the Town
hereby finds 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;
amended 11-23-2020 by Ord. No.
30-20]
The consent herein granted shall expire 10 years from the date
of expiration of the certificate of approval issued by the Board of
Public Utilities.
[Ord. 5/19/93B, § 5;
amended 11-23-2020 by Ord. No.
30-20]
Pursuant to the terms and conditions of the Cable Television
Act, the Company shall, during each year of operation under the consent
granted herein, pay to the Town 3.5% of the gross revenues from all
recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception service in the Town.
[Ord. 5/19/93B, § 6;
amended 11-23-2020 by Ord. No.
30-20]
The consent granted herein to the Company shall apply to the
entirety of the Town and any property hereafter annexed by the Town
by law.
[Ord. 5/19/93B, § 7;
amended 11-23-2020 by Ord. No.
30-20]
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
Company's application for municipal consent. Any additional extension
of the system will be made in accordance with the Company's line
extension policy.
[Ord. 5/19/93B, § 8;
amended 11-23-2020 by Ord. No.
30-20]
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 said work.
b.
Relocation. If at 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 Town, 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 of its facilities to allow for the moving
of buildings, and machinery, or in other similar circumstances. The
expense shall be borne by the party requesting such action, except
when requested by the Town, in which case the Company shall bear the
cost.
d.
Removal or Trimming of 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. 5/19/93B, § 9;
amended 11-23-2020 by Ord. No.
30-20]
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. Such local business office shall be open during normal business
hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through
Friday.
[Ord. 5/19/93B, § 10;
amended 11-23-2020 by Ord. No.
30-20]
The Office of Cable Television is hereby designated as the complaint
officer for the Town, pursuant to N.J.S.A. 48:5A-26(b) and amendments
thereto.
All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-6.5 and amendments thereto.
[Ord. 5/19/93B, § 11;
amended 11-23-2020 by Ord. No.
30-20]
During the franchise, the Company shall provide a surety bond
to the Town, which bond shall be in the amount of $25,000. Such bond
shall be to insure the faithful performance of all undertakings of
the Company as represented in its application of municipal consent.
[Ord. 5/19/93B, § 12;
amended 11-23-2020 by Ord. No.
30-20]
The rates of the Company shall be subject to regulation as appropriate
in accordance with federal and state laws.
[Ord. 5/19/93B, § 13;
amended 11-23-2020 by Ord. No.
30-20]
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 as an insured and insuring
against loss by any such claim, suit, judgment, execution or demand
in the minimum amount of $1,000,000 for bodily injury or death per
occurrence, and $500,000 for property damage per occurrence.
[Ord. 5/19/93B, § 14;
amended 11-23-2020 by Ord. No.
30-20]
The Company shall be required to abide by applicable federal
requirements regarding the Emergency Alert System (EAS). The Company
shall in no way be held liable for any injury suffered by the Town
or any other person, during an emergency, if for any reason the Town
is unable to make full use of the System as contemplated herein.
[Ord. 5/19/93B, § 15;
amended 11-23-2020 by Ord. No.
30-20]
Notwithstanding any other provisions of this chapter, the Company
shall not be liable for any delay in the performance of, or failure
to perform, in whole or in part, its obligations pursuant to this
chapter due to strike, unavailability of materials or equipment, war
or act of war (whether an actual declaration of war is made or not),
insurrection, riot, civil disturbance, sabotage or vandalism, customer
tampering or interference, act of public enemy, accident, fire, flood
or other events, to the extent that such causes or other events are
beyond the control of Company.
[Ord. 5/19/93B, § 16;
amended 11-23-2020 by Ord. No.
30-20]
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, distance and independent
provision and such holding shall not affect the validity of the remaining
portions hereof.
[Ord. 5/19/93B, § 17;
amended 11-23-2020 by Ord. No.
30-20]
The Company hereby agrees to indemnify and hold the Town, including
its agents and employees, harmless from any claims or damages resulting
from the negligent actions of the Company in constructing, operating
or maintaining the Cable System. The Town agrees to give the Company
written notice of its obligation to indemnify the Town within 10 days
of receipt of a claim or action pursuant to this section. Notwithstanding
the foregoing, the Company shall not be obligated to indemnify the
Town for any damages, liability or claims resulting from the willful
misconduct or negligence of the Town or for the Town's use of
the cable system.
[Ord. 5/19/93B, § 18;
amended 11-23-2020 by Ord. No.
30-20]
This consent shall be subject to applicable state and federal
laws.
[Ord. 5/19/93B, § 19;
amended 11-23-2020 by Ord. No.
30-20]
All ordinances or parts thereof in conflict or inconsistent
with this chapter are hereby repealed, but only however, to the extent
of such conflict or inconsistency.
[Ord. 5/19/93B, § 20;
amended 11-23-2020 by Ord. No.
30-20]
The Town Clerk shall have this chapter incorporated in the official
copies of the Revised General Ordinances. The Town Clerk and the Town
Attorney be and are hereby authorized and directed to correct any
typographical error and to change any heading, chapter numbers, article
numbers and section numbers in the event that the codification of
this Ord. No. 30-20 reveals that there is a conflict between those
headings and numbers and existing provisions of the Revised General
Ordinances of the Town of Guttenberg, or as they may otherwise deem
appropriate, even if headings, chapter numbers, article numbers and
section numbers are otherwise provided for in this chapter.
[Added 11-23-2020 by Ord.
No. 30-20]
This chapter shall take effect upon passage and publication
as required by law.
