HomeMy Public PortalAboutr 14-234No. 14 -234
Date of
PUBLIC RIGHT -OF -WAY
WHEREAS, AT &T Corp., through its operating subsidiaries, including AT &T
Communications of New Jersey, L.P., Teleport Communications America, LLC, and
Teleport Communications New York (collectively, "AT &T" ), is a communications
carver authorized to provide sec ice by the New Jersey Board of Public Utilities and the
Federal Communications Commission; and
WHEREAS, AT &T, as a public utility and common carrier, has requested approval to
install communications facilities in the Borough of Carteret public right -of -way; and
WHEREAS, AT &T is seeking to lease or obtain conduit space and access to poles with
other utilities, particularly Verizon New Jersey Inc., and Verizon has required that AT &T
obtain approval of the Carteret Borough Council as a condition of such access;
NOW, TFIEREFORE, BE IT FESOLVED by the Borough Council of the Borough of
Carteret that:
Permission and authority are hereby granted to AT &T to install, at its sole cost
and expense, telecommunications facilities on utility poles or within underground
conduits located in the public right -of -way in the Borough of Carteret, strictly in
accordance with the plan previously submitted to the Borough dated February 14,
2014, Eng. by T. Fitzpatrick and Drawn by J. Rosario, in order to provide
telecommunications services to the public, and to operate, maintain and repair
said facilities, subject to the following:
A. The facilities shall be installed in underground conduit and/or onto utility
poles in the public. right -of -way as authorized by law and strictly in
accordance with the plan submitted to the Borough dated February 14, 2014.
B. AT &T, its successors and assigns, shall adhere to all applicable Federal,
State, and Local laws regarding safety and/or other applicable requirements for
the use of the public right -of -way and the installation and use of the
facilities to be installed hereunder.
C. AT &T, its successors and assigns, shall comply with all Federal, State, and
Local laws requiring permits prior to beginning construction.
D. Such permission be and is hereby given upon the condition and provision that
AT &T, its successors and assigns, not only indemnify and save harmless
the Borough of Carteret, its officers, agents and servants from any claims
arising from or in any way connected to the acts or omissions of AT &T in
use of the public right -of -way but shall agree on behalf of the Borough to
defend any action at law or equity which'may'be brought against the Borough
upon such claims or from claims arising during the construction period,
excluding in all instances claims found to have arisen from willful misconduct
on the part of the Borough.
E. In addition to the aforesaid indemnity agreement, AT &T, its successors
and assigns shall at its own cost and expense procure and keep at all times
in full force and effect paid up policies for Comprehensive General Liability
Insurance in favor of the Borough, in the amount of at least $5,000,000.00
inclusive of umbrella coverage, covering bodily injury and property damage
arising out of any one accident. Proof of said coverage, naming the Borough as
an additional insured and including the indemnification coverage required by
Section D shall be filed with the Borough Clerk prior to the installation of any
plant. The Borough shall have the right to increase the amount of
Comprehensive General Liability Insurance and to alter the terms of insurance
called for under this section. Said insurance shall not be subject to cancellation
or change except upon the provider endeavoring to issue thirty (30) days
written notice thereof to the Borough Clerk, as evidenced by return receipt of
certified or registered letter, as provided for on the Certificate of Insurance.
NO. 14 - 24
PAGE- of 2
F. Such permission be anc is hereby given upon the further condition that in the
use of the public right -(f -way AT &T, its successors and assigns, shall
become subject to any lawful Ordinance or Resolution now or hereafter adopted
by the Borough.
G. Such permission be and is hereby given upon the condition that AT &T shall
obtain, all applicable permits and approvals which may be required by the
Borough, and pay all applicable fees therefore, and shall comply with, and bear
the expenses of, all applicable Borough requirements regarding traffic control
and police supervision while any work in the public right -of -way is occurring.
Additionally, prior to starting construction, AT &T shall pay to the Borough the
amount of Six Thousand Dollars & Zero Cents ($6,000.00) in
reimbursement for Borough costs in reviewing and approving the above -
described installation of telecommunications facilities.
H. AT &T shall be responsible for the repair of damage to paving, existing
utility lines, or any surface or subsurface installations, etc., arising from the
construction, installation or maintenance of said plant.
I. Notwithstanding any provision contained herein, neither the Borough nor
AT &T shall be liable to the other for consequential, incidental, or exemplary
damages on account of any activity pursuant to this instrument.
J. This instrument shall be adopted on behalf of the Borough by the Borough
Council and attested to by the Borough Clerk who shall affix the Borough Seal
thereto. Said execution, approval, and filing shall constitute the existence of
public notification.
K. Subject to the provisions of Paragraph F above, the permission and authority
hereby granted shall be for a period of 10 years. However, such permission and
authority shall be automatically extended for additional periods of five (5) years
each; provided, however, that either party may cancel such permission and
authority effective at the end of the currently effective term with a minimum of
one (1) year prior written notice to the other.
Adopted this 13 day of N w1xx , 2014
aryl certified as a tniet copy of the
original on lwerriter 14, 2014.
KA M M. MIM; MW
Msticipal Clerk
RECORD OF COUNCIL VOTE
BELLING x X
DIAZ X NAPL X
DI MASCIO X SITARZ X
I X Indicate Vote An - Absent NV - Not Voting XOR - Indicates Vote to Overrule Vet.
Adopted at a meeting of the Municipal Council ,,, Nbvatbey 13, 2014