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HomeMy Public PortalAboutR 00:147No. 00-147 Date of Adoption_ MAY 4:2000 RE.SOIMrI01~I AIJTHORIZING THE EX]~CI~IOI~I OF ~ AG~I~ql~IT hq:TH lqETRICOH, I31C. WHEREAS, Mctricom, Inc. ("Metricom") has requested permission to occupy the public rights-of way- within the Borough of Ca~Xeret (the "Borough') for the purpose of installing, operating and maintaining a network of small, microcell radio devices required to operate a high speed wireless Internet access system; and WHEREAS, Mctricom's nctwork of microcell radios will be attached to a number of utility poles presently existing within the Borough; and WHEREAS, it is deemed in the best interest of the Borough and its residents for the Borough to grant permission to Metricom to occupy the public rights-of way within thc Borough as aforesaid, in that the granting of such pe~Tnission will improve the availability of intcrnet services to residents of the Borough; and WHEREAS, prior to attaching or installing said network of microcell radio devices, Met~scom shall first secure permission of the owner(s) of said poles and further secure any other necessary governmental approvals; and WHEREAS, the granting of access to the Borough's public rights-of -way is conditioned upon Metricom entering into a Right-of-Way Use Agreement, in the form attached hereto as Exhibit "A", which agreement provides, inter alia, that Metricom shall indemnify and hold the Borough harmless as to loss or liability which may arise from the installation, operation or maintenance of its microcell radio network within the public rights-of-way and further provides that Metricom shall obtain a policy of insurancc naming the Borough as an additional insured for general liability coverage in the amount of at least One Million ($1,000,000) Dollars; and WHEREAS, the Borough Council has, with the assistance and counsel of the Borough Attorney, reviewcd the annexed Right-of-Way Use Agreement and approved its terms; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Carteret that permission is hereby granted to Metricom, its successors and assigns to occupy the public rights of-way within the Borough for the purpose of installing, operating and maintaining a network of microcell radio device, which devices shall be attached to presently existing utility poles within the Borough, in order to operate a high speed wireless Internct access system. BE IT FURTHER RESOVLED that, as evidence of such permission, the Borough and Metricom shall enter into, execute and deliver to one another a Right-of-Way Use Agreement, in the form attached hereto as Exhibit "A", within thirty (30) days of the date of this resolution. PAGE_ 2 ~O. 00-167 BE IT FURTHER RESOLVED that the permission granted hereby is conditioned upon Metricom, prior to installation or attachment of its microcell radios, submitting sufficient documentation of its plans and locations to the Borough Enginccr, roi' the purpose of notice and review as to traffic and other safety considcrations, on an arca by area or projcct by project basis. BE 1T FURTHER RESOLVED that Metricom is authorized to present the forcgoing resolution and the agreement referenced herein to any governmental body, if required to do so under any applicable statc or federal law. Adopted this 4th day of May, 2000 and certified as a truc copy of the original on May 5, 2000. KATHLEEN M. BARNEY, Municipal Clerk RirA:OIH) OF COUN_CIL VOTE FAZEKAS~~_~ ......... 0 BRIEN X - Indicaie Vole AB - Absenl NV - N~I Voting XOR - lmlk'ntcs Vole Adoplcd at a meeting of Ihe Municipal Cmmcil i~Y 4~ 2000