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