[HISTORY: Adopted by the Township Council of the Township of Washington 4-27-1995 by Ord. No. 13-1995. Amendments noted where applicable.]
The Township of Washington hereby grants to Cable TV Fund 14-A, Ltd., a Colorado limited partnership, its consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other electronic conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system.
For the purpose of this ordinance, 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 of the Federal Communications Commissions (47 C.F.R. 76.5) 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 the federal or state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, 1972, N.J.S.A. 48:5A-1 et seq.
- COMPANY or GRANTEE
- The grantee of rights under this ordinance and is known as "Cable TV Fund 14-A, Ltd.," a Colorado limited partnership, doing business as Jones Intercable, Inc.
- The Township of Washington in the County of Gloucester, State of New Jersey.
The terms "Board," "Office," "Director," "cable television reception service," "highway" and "certificate" shall have those meanings as defined and set forth in the Cable Television Act, as amended or supplemented.
A public hearing concerning the franchise 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 as above stated and having been fully opened to the public, and the municipality having received at said hearing all comments regarding the qualifications of the company to receive this franchise, the municipality hereby finds that the company possesses the necessary legal, technical, character, financial and other qualifications; that the company's operating and construction arrangements are adequate and feasible; and that the company presents strong qualifications in light of prior experience and financial ability.
The nonexclusive municipal consent granted herein shall expire 15 years from the date of expiration of the current renewal certificate of approval issued by the Board, to wit: July 25, 2010, with an additional ten-year automatic renewal thereafter, as provided by N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-13.6.
[Amended 3-24-2004 by Ord. No. 4-2004]
Where the municipality determines after notice and a public hearing that the municipality believes the company has failed to meet the commitments herein within a reasonable time period, or has engaged in a pattern of noncompliance, it shall request that the Board take action to determine whether the company has materially breached the terms and conditions of the franchise.
The consent granted herein shall be subject to a fifteen-year renewal only after review of the performance of the company and the adequacy of the terms of the consent herein granted in a full public proceeding in accordance with the then applicable law.
Pursuant to the terms and conditions of the Act, the company shall, during each year of operation under the consent granted herein, pay to the municipality 2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the municipality.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed thereto.
The company shall be required to proffer service to any person's residence located in those areas of the franchise territory described herein in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system which is necessary in the future but not contemplated in the application shall be made in accordance with the extension policy described in the application.
The company will provide service to residences in existing presently wired commercial areas. Commercial areas which are currently not serviced and residential units located in those areas will be required to pay the cost of extending the service based on extension costs in accordance with the line extension policy described in the application.
Restoration. In the event the company or its agent 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.
Relocation. 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 municipality, shall remove, relay and relocated its equipment.
Temporary removal of cables. The company shall temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances. The expense shall be borne and paid for not less than 48 hours in advance by the party requesting such action, except when requested by the municipality, in which case the company shall bear the cost.
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, alley, sidewalks and public places of the municipality 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 wires and cables.
During the term of its franchise, and any renewal thereof, the company shall maintain a business office for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such business office shall be open during normal business hours, and in no event less than 9:00 am. to 5:00 p.m., Monday through Friday.
The Office of Cable Television is hereby designated as the complaint officer for the municipality pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the term of this ordinance, the company shall give a bond to the municipality, 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 for municipal consent incorporated herein.
The municipality reserves the right to participate in any permissible rate regulation as provided by law.
In the event that the municipality and the company determine that it is necessary and feasible for it to contract with the company for the purpose of providing other specialized services, then the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board shall be borne by the municipality.
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 municipality as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $150,000 per person for any one claim and $500,000 as to any accident or occurrence and the minimum amount of $100,000 for property damage as to any one accident or occurrence. Additionally, the company shall maintain and keep in full force and effect a commercial umbrella liability policy with limits of not less than $1,000,000.
All of the written commitments contained in the written application of the company and all the representations made at the public hearings conducted are considered to be binding upon the applicant as the terms and conditions of this consent and those applications shall be annexed hereto and made a part hereof by reference.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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.
It is understood that should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into its consent consistent with the applicable dates specified in the change to the extent applicable.
[Added 3-24-2004 by Ord. No. 4-2004; amended 5-26-2004 by Ord. No. 12-2004]
The petitioner shall provide a dedicated educational/governmental access channel for the municipality, to be managed by the municipality. This provision will necessitate the installation of a two-way fiber run from the Washington Township High School building on Hurfville-Cross Keys Road to the Turnersville headend facility and the dedication of the channel on the nodes that feed the municipality.
[Added 3-24-2004 by Ord. No. 4-2004]
The company shall provide to the municipality a one-time technology grant in the amount of $30,000 within six months of the adoption of this amending ordinance.