For the purpose of this ordinance, the following terms, phrases
and words shall have the meanings given herein:
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
TOWNSHIP
The Township of Franklin, County of Somerset, State of New
Jersey, and its government, including the Township Council and its
administrative personnel.
UNITED FIBER AND DATA, LLC
The grantee of rights under this ordinance and known as United
Fiber and Data, LLC, its servants, employees, agents, officers, directors
and contractors.
The Township has reviewed all documentation regarding United
Fiber and Data, LLC's request for use of the municipality's
public road rights-of-way and feels that it is in the best interest
of the residents of Franklin Township to grant said request.
The Township Council of the Township of Franklin hereby consents to the nonexclusive use of its rights-of-way for a period of five years. The conditions for the parameters of said use are set forth in §
A401-182 below. Said period shall begin on September 4, 2013, and shall expire five years from said date on September 3, 2018. This consent shall permit United Fiber and Data, LLC to place and maintain in, upon, along, across, above and over the public highways and streets in Franklin Township poles, wires, cable, and fiber optic cables and fixtures necessary for the maintenance and operation of the proposed use. The consent, however, is subject to the provisions of this ordinance. In the event that United Fiber and Data, LLC violates any provision of this ordinance, the Township will give notice of such violation and allow United Fiber and Data, LLC 30 days to cure the violation unless additional time is granted by the Township Council. In the event that United Fiber and Data, LLC does not cure the violation in the prescribed time, appropriate action will be taken on behalf of the Township which may include, but is not limited to, court intervention and the voidance of this ordinance and the termination of any and all relationships between the Township and United Fiber and Data, LLC.
The grant of the above public street rights-of-way shall be
for the purpose of providing telecommunications service.
The needs of the Township and the public to minimize interruption
in street and sidewalk traffic and public and private business, to
avoid congestion, environmental degradation, undue cost, inconvenience,
reduction in property values, private interests and the like, frustration
or burdening of Township planning for future utility installations
and operations, maintenance of current utilities and general planning
for development by the Township, shall be respected by United Fiber
and Data, LLC, and United Fiber and Data, LLC will notify the Township
of the location of any cable or other fixtures permitted to be installed
pursuant to this ordinance prior to such installation.
The consent granted by this ordinance shall apply to the route
set forth on the map entitled "Schedule A," and attached to this ordinance. All questions of municipal boundary location, rights and
interest in property, federal, state, county and/or other governmental
or quasi-governmental rights, privileges and/or interests in real
estate shall be investigated and researched at United Fiber and Data,
LLC's own cost and expense; procedures necessary to gather relevant
information and to resolve every such question shall be pursued in
United Fiber and Data, LLC's own name, and the Township shall
never be under any obligation to perform investigations or research,
conduct or prosecute proceedings, expend legal fees or pay the charge
of engineers, surveyors, title searchers or others, or otherwise take
any steps to define, delineate, establish or clarify the boundaries
or rights of the Township.
The foregoing consent is and at all times shall be subject to full and complete compliance with the Township Development Ordinance, Chapter
112 of the Code of the Township of Franklin, all other Township ordinances and regulations, and all rules, regulations and laws of the applicable jurisdictions as to all aspects of location, operation, and maintenance of the fiber optic cables and fixtures necessary thereto. Any fixture other than wires, cable, terminating equipment and electronics and fiber optic cables shall be subject to the Township's prior written approval before their installation.
No easement, title in fee, leasehold or other interest in real
estate, nor any other interest in property of the Township, is hereby
granted to United Fiber and Data, LLC.
United Fiber and Data, LLC shall respond when requested to mark
out underground lines within 48 hours of the request.
To secure the faithful performance by United Fiber and Data,
LLC of all of its obligations to the Township, United Fiber and Data,
LLC shall deliver to the Township and maintain in force throughout
the duration of the use of the Township's said rights-of-way
a surety bond in the penal sum of not less than $50,000, conditioned
on the faithful performance by United Fiber and Data, LLC of all of
its undertakings pursuant to this ordinance. Said bond must be acceptable
in form and content to the Township Attorney. The bonding company
shall be authorized to do business in the State of New Jersey.
Should any provision of this ordinance be determined invalid
by a court or administrative tribunal of competent jurisdiction, such
determination shall not affect the remaining provisions hereof.
The captions and titles assigned to the sections of this ordinance
are for convenience and reference only, and are in no way to be construed
as defining, limiting or modifying the scope or intent of the various
provisions of this ordinance.
This ordinance shall take effect immediately upon final passage
and publication according to law and upon receipt by the Township
of United Fiber and Data, LLC's written acceptance of the terms
hereof. If such acceptance is not received by the Township Clerk within
30 days of the final passage of the ordinance, the same will automatically
expire and be of no further effect.