[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
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.