Pursuant to the provisions of N.J.S.A. 48:17-10; N.J.S.A. 48:17-11;
and N.J.S.A. 48:17-12, nonexclusive permission and consent is hereby
granted to United Telephone of New Jersey, Inc., ("company"), its
successors and assigns, to erect, construct and maintain the necessary
poles, wires/cables, conduits, or other fixtures in, upon, along,
over or under any public street, road, or highway, and parts thereof,
throughout their entire length, and to effect the necessary street
openings and lateral connections to curb poles, property lines and
other facilities in the Township of Liberty (the "Township") for said
company's local and through lines in connection with the transaction
of its business. The right of company to effect necessary street openings
shall be subject to the Township's then-existing ordinances related
to such actions. Company shall also be subject to standard road/improvement
opening moratoriums. This ordinance does not authorize placement of
wireless telecommunications facilities within the Township's
rights-of-way. This ordinance also does not authorize company to construct
switching stations in the Township's rights-of-way without separate
permission.
The permission and consent of the Township shall be for 15 years.
Company agrees to indemnify and save harmless the Township from
and against all claims and liabilities resulting from any injury or
damage to the person or property of any person, firm or corporation
caused by or arising out of conditions resulting from any negligent
or faulty excavation, installation or maintenance connected with its
work or equipment. The provisions of this section shall not be interpreted
to relieve the Township from liability to company or third parties
in the event of joint or concurring negligence or fault of company
and the Township; provided, however, that the legal liability of the
Township, if any, shall be determined under applicable law, taking
into account the privileges and immunities afforded a governmental
entity.
This ordinance shall not affect the ability of the Township
to impose real property taxes on the facilities of company under current
law. Further, if in the future applicable law should change so as
to enable the Township to impose a franchise fee or other fee, tax,
charge, or monetary obligation on company's operations or facilities
hereunder, company agrees that the provisions of this ordinance shall
not preclude the Township from imposing or collecting such fee, tax,
charge or other monetary obligation which may be permitted by law.
If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance shall be declared to be unenforceable or invalid
for any reason whatsoever, such decision or declaration shall not
affect the remaining portions of this ordinance, which shall continue
in full force and effect, and to this end the provisions of this ordinance
are hereby declared severable.
Any ordinances or parts thereof in conflict with the provisions
of this ordinance are hereby repealed as to their inconsistencies
only.
This ordinance shall take effect upon final passage and publication
as provided by law.