[HISTORY: Adopted by the Township Committee
of the Township of Holland 5-18-2004 by Ord. No. 2004-5. Amendments noted where
applicable.]
Any prior ordinance of this Township granting
a franchise to grantee or any of its predecessors in hereby repealed
in its entirety. Furthermore, all resolutions and ordinances regarding
the telephone franchise within the Township are hereby repealed.
Subject to the terms and conditions provided
in this ordinance and further subject to the applicable rules, regulations
and ordinances of this Township, grantee, its successors and assigns,
is hereby granted a nonexclusive franchise for the right and privilege
of providing telephone services and within this Township to place,
erect, maintain and operate in, upon, over and under the public roads,
streets, alleys, avenues, thoroughfares and highways owned, accepted
or maintained by the Township, including the rights-of-way thereof
(all hereinafter referred to as "streets"), poles, wires and other
appliances and conductors for telephone purposes. Grantee shall not
place any poles, wires or other facilities or conductors in such a
manner as to obstruct the use of the Township's sidewalks or streets.
Grantee shall, at all times during the term
of the franchise hereby granted, be subject to all lawful exercise
of the police power by the Township and to such other reasonable ordinances
and regulations as the Township may hereinafter by ordinance or resolution
provide. This franchise shall not restrict in any manner the right
of the Township in the exercise of any power which it now has or which
may hereafter be authorized or permitted by the laws of the State
of New Jersey or of the United States.
A.
Before proceeding with any new construction to locate
telephone facilities pursuant to this ordinance, grantee shall file
with the Township a map or plan showing the location and size of any
such proposed pole(s) or underground facilities, to be approved by
the Township or its authorized representative before any such work
is begun. Such maps or plans are for the Township's information only
and shall not be considered as construction specifications upon which
subsequent construction or excavation may proceed either by the municipality
or a third party. Prior to actual commencement of any construction,
extension or relocation of any of grantee's conduit facilities or
pole leads in the streets within the Township, grantee shall give
reasonable advance notice to the Township Public Works Superintendent.
B.
All grantee's facilities hereafter located within
said rights-of-way shall be placed in back of the curblines which
exist or which are shown on maps approved by the Township Planning
Board or Board of Adjustment, in addition to the places now occupied
by grantee's facilities, and at other convenient or necessary places
upon the streets adjacent to such curblines and in reasonable locations
approved by the Township Engineer.
C.
Where curblines have not yet been established, or
where an established curbline is relocated in order to widen an existing
street or highway, upon receipt of notice from the Township that the
new curbline has been so established grantee shall change the location
of its poles at its own expense so that the same shall be in back
of and adjacent to the new curbline and at a reasonable location determined
by the Township Engineer.
D.
Grantee may locate its facilities underground in the
rights-of-way. With the exception of lateral branches to curb poles
and property lines, the underground conduits and facilities shall
be placed below the surface of the rights-of-way and parts thereof,
and said conduits generally shall not be constructed more than 10
feet from the curblines unless obstructions make it necessary to deviate
from such course. All underground conduits shall be placed at least
18 inches below the surface.
E.
All manholes and loading coil vaults shall be located
beneath the surface of the rights-of-way, and parts thereof, at such
points along the line of the underground facilities as may be necessary
or convenient for placing, maintaining and operating the cables and
other electrical conductors which grantee may from time to time place
in said underground facilities, and shall be so constructed as to
conform to the cross-sectional and longitudinal grade of the pavement
and so as not to interfere with the safety or convenience of persons
or vehicles traveling on or over the right-of-way.
It shall be lawful for said grantee to make
all necessary excavations in any street, public right-of-way or public
utility easement in the Township for the purpose of placing, erecting,
laying and maintaining poles, or other supports or conduits for said
wires and appliances and auxiliary apparatus or repairing, renewing
or replacing the same. Work by grantee shall be done in compliance
with the necessary rules, regulations, ordinances or orders, which
may, during the continuance of this franchise, be adopted from time
to time by the Township. Prior to the opening or excavation of any
street, grantee must first obtain, and pay a reasonable fee for, such
street opening or excavation permits as may be required by local ordinances.
The surface of the sidewalks and streets and
any pavement or other surface or planting disturbed by grantee in
locating its telephone facilities shall be restored to as good condition
as it was before the commencement of the work, and no street shall
be encumbered for a longer period than shall be necessary to execute
the work. If grantee fails to do so, the Township shall have the right
to fix a reasonable time within which such repairs and restoration
of streets shall be completed, and upon failure of such repairs being
completed by grantee, the Township shall cause such repairs to be
made at the expense of grantee.
Nothing in this ordinance shall be construed
in any way to prevent the Township from sewering, grading, graveling,
paving, repairing, altering, or improving any of the streets within
the Township in or upon which the poles, wires, appliances or conductors
of grantee shall be placed, but all such work or improvements shall
be done if possible so as not to obstruct or prevent the free use
of said poles, wires, appliances or conductors.
Whenever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables or wires or other
apparatus of the grantee to permit passage of any building, machinery
or other object moved over the streets within the Township, the grantee
will perform such rearrangement within a reasonable period after written
notice from persons desiring to move said building, machinery or other
object. The notice shall bear the approval of the Township Public
Works Superintendent and shall detail the route of movement of the
building or object and shall provide that the cost of relocation shall
be borne by the person(s) requesting the relocation.
The location and method of installation, repair
and maintenance of grantee's facilities and any exercise of the rights
of grantee under the term of this ordinance shall be subject at all
times to reasonable regulation by the Township to the extent that
such regulation is not inconsistent with existing regulation by state
or federal governmental entities. Grantee's operation and work shall
be carried on so as to avoid any unnecessary interference with traffic
or other permissible uses of the streets of the Township. Equipment
of grantee or grantee's agents which interferes with allowable uses
of the streets of the Township must be moved or removed upon notice
from the Township Administrator, Township Public Works Superintendent
or Township Engineer. If grantee fails to move or remove equipment
within the time allowed in the notice from the Township's representatives,
then such equipment may be moved or removed by the Township, which
may charge the cost of moving or removal to grantee.
Nothing contained in this ordinance shall be
construed to impose an obligation on the part of this Township to
open any street not heretofore dedicated or opened to the public use,
and nothing herein shall be construed as an acceptance by the Township
of any unaccepted street or any part thereof.
In the event that the Township vacates any public
right-of-way that has grantee's facilities on, over, under or above
it, the municipality agrees to reserve unto grantee the rights granted
by this ordinance.
Grantee or any other companies or corporations
having legal authority and permission of the Township to erect and
maintain facilities within the Township's streets may now and hereafter
jointly use facilities for all lawful purposes, provided that grantee
consents to such use upon terms and conditions that it accepts and
that are not inconsistent with the provisions of this ordinance.
A.
As long as this ordinance continues in effect and
the poles are occupied by the company, grantee shall provide free
of charge to this Township space on its poles for the Township to
place one crossarm or, in lieu thereof, two pins on a crossarm of
grantee (to be designated by it), and space in its main underground
facilities (not exceeding one clear duct of standard size) to accommodate
the wires or electrical conductors required for signal control in
connection with its police patrol, fire alarm telegraph signal systems
and traffic signal control systems. This does not include circuits
for the supply of electrical energy for the traffic control or other
signals. This also does not include facilities to provide a means
of transmitting any signal to a private, commercial or nongovernmental
location which is usually provided by a nongovernmental supplier.
B.
The use or attachment by the Township shall be installed,
used or maintained in such manner that it does not interfere with
the facilities or use of grantee, and all costs or expenses incurred
in connection therewith shall be paid by the Township.
C.
The Township shall give grantee 30 days' notice, in
writing, before proceeding, either itself or on the part of a person,
firm or corporation engaged to perform such work, with the attachment
of its said crossarms and/or wires to the poles, or the placing of
its electrical conductors in grantee's main subways or manholes, in
order that the work may be performed under the supervision of grantee.
D.
If any or all of said streets or highways are later
taken over by the Board of Chosen Freeholders of the County of Hunterdon,
or the State Department of Transportation, then the Board of Chosen
Freeholders or the State Department of Transportation may use the
same clear duct of standard size referred to for their respective
police patrol, fire alarm telegraph and traffic signal control systems
in conjunction with the Township's use thereof for similar purposes,
but only after making such satisfactory arrangements as may be necessary
with the Township and grantee for the full protection of each other's
interests.
Without charge to the Township and with at least
120 days notice, grantee shall remove and change the location or position
of grantee's facilities upon request of the Township for the purpose
of construction, improvements or repairs to streets, sewers or other
facilities of the Township, and not simply for the purpose of aesthetics.
In the event that grantee fails, neglects or
refuses for 60 days after demand in writing by the Township to perform
any or all of the obligations or requirements specified in this ordinance
to be performed by grantee, without good cause shown, then the rights
and privileges granted may be terminated by the Township by ordinance
adopted by the Township, and the grantee shall thereupon forfeit all
rights and privileges granted herein.
Grantee agrees to indemnify and save harmless
the Township of Holland, its officers, agents and employees from and
against all claims, liabilities, costs or expenses arising from any
loss of life or property, or injury to any property or person or entity,
caused by or arising out of conditions in the public right-of-way
resulting from any excavation or installation in connection with the
work and/or equipment of grantee. This indemnification/save harmless
provision shall not apply when the loss, injury or damage is attributable
to the fault, failure or negligence of the Township. If such loss,
injury or damage is caused by the joint and concurring fault, failure
or negligence of the Township and grantee, the same shall be borne
by the parties to the extent of their respective fault or negligence.
The Township does not hereby waive any defenses or immunities granted
or available to it by the New Jersey Tort Claims Act[1] or otherwise.
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.
This franchise agreement shall be binding on
all grantee's successors and assigns. Any transfer of this agreement
shall be subject to the successor or assign signing a new acceptance
of the franchise ordinance and filing said written acceptance with
the Township within 30 days of the transfer and the Township authorizing
said transfer.
If any provision of this ordinance is in conflict
with any current or subsequently adopted state or federal law, then
this ordinance shall be interpreted to be revised to the extent necessary
to comply with the applicable state or federal law. In the event there
are significant changes in state or federal law which would require
revision of this ordinance in order for the Township or for Sprint
to be in compliance with the law, this ordinance may be changed at
any time for such purpose.
A.
The permission and consent given by this ordinance
shall continue for a period of 50 years from the date of its approval
by the Board of Public Utilities, subject to the right of grantee
to seek such changes from time to time as it may be necessary and
reasonable.
B.
Throughout the full time that this ordinance is in
effect, grantee shall furnish safe, adequate and proper service within
this Township, at just and reasonable rates, and keep and maintain
its property and equipment in such condition as to enable it to do
so.
A.
Nothing contained in this ordinance shall be construed
to grant grantee an exclusive right, or to prevent the granting of
permission and consent to other companies, to use the rights-of-way
of this Township for like purposes.
B.
The permission and consent granted by this ordinance
shall apply to and cover the telecommunication facilities heretofore
and hereafter located in the Township by grantee.
Grantee shall pay the expenses incurred for
advertising done in connection with the passage of this ordinance
within 30 days after its effective date.
Grantee shall file its written acceptance of
this ordinance with the Township Clerk of this Township within 30
days after receipt of notice from the Township Clerk of its final
passage, and said ordinance shall, upon publication and the filing
of such acceptance, become effective, subject to approval by the Board
of Public Utility Commissioners of the State of New Jersey.
