HomeMy Public PortalAboutr 09:246
~eMlufh1tt of fqe lhlorougq of QIarferd, ~ ~ JJ ~
C8-246 Date of Adoption IkEnter 3, '2fJJ)
No.
GRANTING PERMISSION TO FIBER TECHNOLOGIES NETWORKS, L.L.C.,
TO INSTALL TELECOMMUNICATIONS FACILITIES ALONG THE PUBLIC
RIGHT-OF-WAY
WHEREAS, Fiber Technologies Networks, L.L.C., ("Fibertech") is a
telecommunications carrier authorized to provide service by the New Jersey Board of
Public Utilities (BPU) and the Federal Commnnications Commission (FCC); aad
'VHEREAS, Fiber Tech, as a public utility and common carrier, has requested approval
to install telecommunications facilities in Carteret rights~of-way; and
'VHEREAS~ Fibertech is seeking to lease or obtain access to poles with other utilities,
particularly Verizol1 New Jersey Inc., and Verizon has required that Fibertech obtain
Carteret Borough Council approval as a condition of such access.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borongh of
Carteret that:
1. Permission and authority are hereby granted to Fibertech to install, at its sole cost
and expense, teleconununlcations facilities on utility poles located in the 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 onto utility poles in the public right-of-way as
authorized by Jaw.
B. Fibertech, 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-\vay.
C. Fibertech, its SUccessors and assigns, shall comply with all Federal, State, and
Local laws requiring pennits prior to beginning constmction.
D. Such pemlission be and is hereby given upon the condition and provision that
Fibertech, its successors and assigns, not only indemnify and save hannless
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 Fibertech in
use of the public right-of-way bnt shall agree on behalf of the Borough to
defend any action at law or eqnity 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 Borongh.
E. In addition to the aforesaid indemnity agreement, Fibertech, 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
Ihsurance in favor of the Borough, in the amonnt of at least $5,000,000.00
inclusive of umbrella coverage, covering bodily injury and property damage
arising out of anyone 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.
(8-?4h
PAGE
2
F. Such permissi~n ~e and is hereby given upon the further condition that in the
use of the p~lbhc nght.of.way Fibertech, its successors and assigns, shall
bbecorne subject to any lawful Ordinance or Resolution now or hereafter adopted
y the Borough.
G. Such permission be and is hereby given upon the condition that Fibertech shall
obtain all applicable permits which may be required by the Borough, aad shall
comply with, and hear the expenses of, all applicable Borough requirements
regarding traffic control and police supervision while any work in the public
rightMof-way is occurring. Additionally, prior to starting constmction, Fibertcch
shall pay to the Borough the aalOuut of Three Thousand Dollars & Zero Cents
($3,000.00) in reimbursement for Borough costs in reviewing and approving
the above-described installation of telecommunications facilities.
H. Fibertech shall be responsible for the repair of damage to paving, existing
utility lines, or any surface or subsurface installations, etc., arising from the
constmction, installation or maintenance of said plant.
1. Notwithstanding any provision contained herein, neither the Borough nor
Fibertech shall be liable to the other for conseqnential, incidental, or exemplary
damages on account of any activity pursuant to tlllS instrument.
J. Tlus instrument shall be adopted on behalf of the Borongh by the Borough
Council aad attested to by the Borough Clerk who shall aftb, the Borough Seal
thereto. Said execution, approval, and filing shall constihlte the existence of
public notification.
K. The permission and anthority hereby graated 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 pennission and authority effective at the end of the currently effective term with a
minimum of one (1) year prior written notice to the other.
kbpta:! this 3rr1 day of IkEnter, '2fJJ)
and certifiEd as a true cq:y of tre
orig1ml 00 .
KA'IHLEEN M. &\RNEI', M'1:;
Mmicip31 Clerk
RECORD OF COUNCIL VOTE
COUNCILi\IAN YES NO NV A.B. COUNCILMAN VES NO NY A.B.
Oli'fTThn y KRlM . y
cru:N X . NAIDS X
DIAZ X Iv
X.lndicaleVole AS-Absent NV - Not Voting XOR . Indicates Vole to Overrule Veto
Adopted at a meeting of the Municipal Council ~/jl~=~; b;(AJ
t?----.
/ CLER '