Editor's Note: Prior ordinance history includes portions
of 1970 Code §§ 18-1 — 18-24 and Ordinance Nos.
79-12, 94-19 and 2007-11.
[Added 8-25-2021 by Ord.
No. 2021-6]
The Borough of Moonachie ("Borough") hereby grants to Spectrum
New Jersey, 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 Borough poles,
wires, cables, underground conduits, manholes and other conductors
and fixtures necessary for the maintenance and operation in the Borough
of a cable television system and cable communications system.
[Added 8-25-2021 by Ord.
No. 2021-6]
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, N.J.S.A. 48:5A-1 et seq.
The Borough of Moonachie, County of Bergen, State of NJ.
Spectrum New Jersey, LLC, an indirect subsidiary of Charter
Communications, Inc., the grantee of rights under this chapter.
[Added 8-25-2021 by Ord.
No. 2021-6]
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 Borough having received all comments regarding
the qualification of the company to receive this consent, the Borough
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.
[Added 8-25-2021 by Ord.
No. 2021-6]
The consent herein granted shall expire 15 years from the date
of expiration of the certificate of approval issued by the Board of
Public Utilities.
[Added 8-25-2021 by Ord.
No. 2021-6]
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 Borough 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 Borough.
[Added 8-25-2021 by Ord.
No. 2021-6]
The consent granted herein to the company shall apply to the
entirety of the Borough and any property hereafter annexed by the
Borough by law.
[Added 8-25-2021 by Ord.
No. 2021-6]
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.
[Added 8-25-2021 by Ord.
No. 2021-6]
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.
[Added 8-25-2021 by Ord.
No. 2021-6]
If at any time during the period of this consent, the Borough
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, relay and relocate its equipment at the expense of the company.
[Added 8-25-2021 by Ord.
No. 2021-6]
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 Borough,
in which case the company shall bear the cost.
[Added 8-25-2021 by Ord.
No. 2021-6]
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
Borough 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.
[Added 8-25-2021 by Ord.
No. 2021-6]
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.
[Added 8-25-2021 by Ord.
No. 2021-6]
The Office of Cable Television is hereby designated as the complaint
officer for the Borough, 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.
[Added 8-25-2021 by Ord.
No. 2021-6]
During the franchise, the company shall provide a surety bond
to the Borough, 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.
[Added 8-25-2021 by Ord.
No. 2021-6]
The rates of the company shall be subject to regulation as appropriate
in accordance with federal and state laws.
[Added 8-25-2021 by Ord.
No. 2021-6]
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 Borough 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.
[Added 8-25-2021 by Ord.
No. 2021-6]
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 Borough
or any other person, during an emergency, if for any reason the Borough
is unable to make full use of the system as contemplated herein.
[Added 8-25-2021 by Ord.
No. 2021-6]
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.
[Added 8-25-2021 by Ord.
No. 2021-6]
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, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portions hereof.
[Added 8-25-2021 by Ord.
No. 2021-6]
The company hereby agrees to indemnify and hold the Borough,
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 Borough agrees to give
the company written notice of its obligation to indemnify the Borough
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 Borough for any damages, liability or claims resulting
from the willful misconduct or negligence of the Borough or for the
Borough's use of the cable system.
[Added 8-25-2021 by Ord.
No. 2021-6]
All of the commitments and statements contained in the application
and any amendment thereto submitted, in writing, to the Borough by
the company, except as modified herein, are binding upon the company
as terms and conditions of this consent. The application and any other
relevant writings submitted by the company shall be annexed hereto
and made a part hereof by reference as long as they do not conflict
with state or federal law.
[Added 8-25-2021 by Ord.
No. 2021-6]
Subject to applicable law, the company shall provide, without
charge, standard installation and one outlet and equipment of basic
cable service to the locations identified below. The basic cable service
provided pursuant to this section shall not be used for commercial
purposes. The Borough shall take reasonable precautions to prevent
any inappropriate use or loss or damage to the company's cable
system.
Moonachie Police Department
70 Moonachie Road
Moonachie, NJ 07074
[Added 8-25-2021 by Ord.
No. 2021-6]
This consent shall be subject to applicable state and federal
laws.
