HomeMy Public PortalAboutr 15-098'A U�! } 4 i].Q1.O�t Larterd
Date of Aduptiui "["-'-1 � f 2M
GRANTING PERMISSION TO NORTHEASTERN ITS, LLC TO INSTALL
TELECONIr IUNICATIONS FACILITIES WITHIN THE VIINUE STREET
PUBLIC RIGHT -OF -WAY
WHEREAS, Northeastern ITS, LLC (Northeastern) is a telecommunications carrier
authorized to provide service by the New Jersey Board of Public Utilities (BPU) and the
Federal Communications Commission (FCC); and
WHEREAS, Northeastern, as a public utility and common carrier, has requested
approval to install telecommunications facilities in the Minue Street right -of -way within
the Borough of Carteret (Borough); and
WHEREAS, Northeastern is seeking to lease space to install and maintain a thirty-five
(35') foot tall pole with one (1) two and one -half (2.5') diameter antenna within the
Minue Street Right -of -Way which installation requires Carteret Borough Council
approval.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of
Carteret that:
1. Permission and authority are hereby granted to Northeaster to install, at its sole
cost and expense, the above described telecommunications facilities within the
Minue Street public right -of -way in the Borough of Carteret, 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 as authorized by law, and in accordance with the
Right -Of -Nay Use Agreement to be entered into between Northeastern and the
Borough, a copy of which shall be attached hereto and made a part hereof.
B. Northeastern, its permitted 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.
C. Northeastern, its permitted successors and assigns, shall comply with all Federal,
State, and Local Imes requiring permits prior to beginning construction.
D. Such permission be and is hereby given upon the condition and provision that
Northeaster, its permitted 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 corrected to the acts or omissions of
Northeastern in use of the approved 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 claims found to have arisen from willfid
misconduct on the part of the Borough.
E. Such permission be and is hereby given upon the further condition that in the
use of the public right -of -way Northeastern, its permitted successors and
assigns, shall become subject to any lawful Ordinance or Resolution now or
hereafter adopted by the Borough.
No. 15 -98
PAGE 2
Such permission be and is hereby given upon the condition that Northeastern
shall obtain all applicable permits which may be required by the Borough, and
S hall comply with, and bear the expenses of, all applicable Borough
requirements regarding tra ffic control and police supervision while any work
in the public right -of -way is occurring. Additionally, in accordance with the
parties Right -Of -Way Use Agreement, Northeastern shall pay to the Borough
the amount of Thirty Thousand Dollars & Zero Cents ($30,000.00) in
reimbursement for Borough costs in reviewing and in approving the above -
described installation of telecommunications facilities.
G. Northeastern shall be solely responsible for the repair of any and all damage to
paving, existing utility lines, or any surface or subsurface installations, etc., arising
from the construction, installation or maintenance of its facilities.
13. 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.
I. The permission and authority hereby granted shall be for a period of 50
Years, as limited by the parties Right -Of - %y Use Agreement.
2. In accordance herewith, the Borough Law Director is hereby authorized to
negotiate and execute a fomtal Right- Of -NVay Use Agreement with Northeastern
in a form acceptable to the Law Director.
rdpte9 this 23rd day of April, 2015
and certified as a true ccW of an
orj&& on April 24, 2014.
, slam ,I
RECORD OR COUNCIL VOTE
X
X - Indicate Vam An - Absent NV - Not Voting XOR - Indicutes Vote to overrule Veto
Adopted at a meeting of the Municipal Council