HomeMy Public PortalAboutr 10-175
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No. 10-175
Dale of Adoption
July 22, 2010
GRANTING PERMISSION TO LEXENT METRO CONNECT, LLC TO INSTALL
TELECOMMUNICA nONS FACILITIES ALONG THE PUBLIC RIGHT-OF- WAY
\VHEREAS, Lexent Metro Connect, LLC, is a telecommunications carrier authorized to provide
service by the New Jersey Board of Public Utilities (BPD) and the Federal Communications
Commission (FCC); and
\VHEREAS, Lexent .Metro Connect, LLC, as a public utility and common carrier, has requested
approval to install telecommunications facilities in Carteret rights-of-way; and
\VHEREAS, Lexent Nletro Cormect, LLC, is seeking to lease or obtain access-to poles with
other uti1itit~s, particularly Verizon New Jersey Inc., and Verizon has required that Lexent :Metro
Connect, LLC obtain Carteret Borough Council approval as a condition of such access.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough ofCarteret
that:
1. Permission and authority are hereby granted to Lexent Metro Connect, LLC to install, at
its sole cost and expense, telecommunications 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 law.
B. Lexent .Metro Connect, LLC, 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.
C. Lexent Nletro Connect, LLC, its successors and assigns, shall comply with all Federal,
State, and Local laws requiring pennits prior to beginning construction.
D. Such permission be and is hereby given upon the condition and provision that
Lexent :Metro Connect, LLC, 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 ofLexent Metro
Comlect, LLC 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, Lexent wIetro Connect, LLC, 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 ofthe Borough, in the amount 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 indenmification coverage required by
Section D shall be filed with the Borough Clerk prior to the installation of allY
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.
10-175
PAGE 2
F. Such permission be and is hereby given upon the further condition that in the
use of the public right~of-way Lexent iYIetro Connect, LLC, its successors and assigns,
shall become subject to any lawful Ordinance or Resolution now or hereafter adopted
by the Borough.
G. Such pennission be and is hereby given upon the condition that Lexent Metro Connect,
LLC shall obtain all applicable pennits which may be required by the Borough, 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, Lexent Metro
Connect, LLC shall pay to the Borough the amount of Five Thousand Dollars & Zero
Cents ($5,000.00) in reimbursement for Borough costs in reviewing and approving the
above-described installation of telecommunications facilities.
H. Lexent iYfetro COJmect, LLC 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.
1. Notwithstanding any provision contained herein, neither the Borough nor
Lexent Metro Connect, LLC shall be liable to the other for consequential, incidental, or
exemplary damages on account of any activity pursuant to this instrument.
1. 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. 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 pennission and
authority effective at the end of the currently effective term with a minimlUn of one (l)
year prior written notice to the other.
Adopted this 22" day of July 2010
and certified as a true copy of the
original on July 23, 2010.
KATHLEEN M. BAfu'IEY, IvlMC
Municipal Clerk
RECORD OF COUNCIL VOTE
. COUNCILl\IAN YES NO NY A,B. COUNCILMAN YES NO NV A.B.
BELLINO X KRUM X
DIAZ X NAPLES X
Dr MASCIO X SITARZ X
I X-lndicaleVote AB.Absenl NV - NOl Voting XOR - Indicates Vote 10 Overrule Veto
I I
Adopted at a meeting of the Municipal Council ~JU~ 22i;010
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