[HISTORY: Adopted by the Common Council of the City of Corbin
City 2-11-1974. Amendments noted
where applicable.]
Permission and consent is hereby granted to New Jersey Bell
Telephone Company, its successors and assigns, to erect, construct,
reconstruct, remove, inspect, maintain and operate its communications
facilities, including underground conduits, subways, cables and related
appurtenances, aerial and buried cables, wires and related appurtenances,
poles, posts, guys, pedestals, manholes and all other related appurtenances,
in, through, upon along, over, under and across all of the various
streets, roads, avenues, highways, bridges and waterways and parts
thereof, throughout their entire length, and to effect necessary street
openings and lateral connections to curb poles, property lines and
other facilities in this City for its local and through lines and
communications facilities, in connection with the transaction of its
business. All of the various streets, roads, avenues, highways, bridges
and waterways and parts thereof, throughout their entire length in
this City, are hereby designated and prescribed for the uses and purpose
of said company as aforementioned.
All poles, posts or pedestals hereafter to be erected, constructed,
reconstructed, maintained and operated shall be located and placed
back of and adjacent to the curblines, where shown by official maps
of this City, and within 18 inches thereof, or as may be mutually
agreed to by both parties, and at the points or places now occupied
by the poles, posts or pedestals of said company, its successors and
assigns, and where there are no curblines, at other convenient points
or places upon the streets, roads, avenues and highways as may be
mutually agreed to by both parties.
A. Underground conduits shall be placed below the surface of said streets,
roads, avenues and highways and parts thereof, and, with the exception
of lateral branches to curb poles and property lines and other facilities,
said conduits generally shall not be constructed more than 10 feet
from the curbline, unless obstructions make it necessary to deviate
from such course or unless the parts mutually agreed to another location.
All underground conduits shall be placed at least 18 inches below
the surface.
B. All manholes shall be located at such points along the line of the
subways or underground conduits as may be necessary or convenient
for placing, maintaining and operating the cables and other conductors
and appurtenances which said company may from time to time place in
said subways or underground conduits, and shall be so constructed
as to conform to the cross-sectional and longitudinal grade of the
surface so as not to interfere with the safety or convenience of persons
or vehicles.
C. Said company may bury its cables and associated equipment, fixtures
and appurtenances within the right-of-way of the various streets,
roads, avenues and highways and parts thereof and to such locations
as shall be mutually agreed upon by the parties in this City for its
local and through lines and communications facilities.
A. Before proceeding with any of the work for which permission and consent
is required under this ordinance, said company shall file with the
Mayor and Council of this City a map or plan showing the location
and size of any such facilities, which map or plan shall be first
approved by said Mayor and Council or its authorized representatives.
B. Prior to the opening or excavating of any streets, roads, avenues
and highways and parts thereof for the purpose of laying, maintaining
and operating its underground systems after the approval of the map
and plan as aforementioned, the said company shall first obtain a
permit for such opening or excavation upon payment of such reasonable
fee therefor as may be required to cover the costs of administration
and inspection and as provided by any ordinance regulating openings
and excavations of streets.
The surface of the streets, roads, avenues and highways and
any pavement or flagging taken up or soil and/or planting disturbed
by said company in building its lines shall be restored to as good
condition as it was before the commencement of work thereon. No highways
shall be encumbered for a longer period than shall be necessary to
execute the work. Such restoration shall be subject to the approval
of the City after an inspection by its authorized representative upon
completion of the work.
Except as provided in §
A108-4 of this ordinance, said company shall be exempt from any fee which may be required by any ordinance regulating the openings and excavations of streets within the City.
Wherever the curbline shall be established on streets where
on does not now exist or where an established curbline shall be relocated
in order to widen an existing street or highway, said company shall
change the location of its poles, pedestals and related appurtenances
at its own expense so that the same shall be back of and adjacent
to the new curbline so established, upon receipt of notice form the
municipal officials that the curbline has been so established, so
long as the City has acted with reasonable care in establishing the
new curbline and providing notice thereof.
Upon any of the streets, roads, avenues and highways in this
City now or hereafter occupied by the poles, posts or pedestals of
said New Jersey Bell Telephone Company, its successors and assigns,
or any other companies or corporations having legal authority to erect
and maintain poles, posts or pedestals, the New Jersey Bell Telephone
Company and such other companies or corporations may use the same
poles, posts or pedestals, provided they can agree so to do.
Said Telephone company shall provide free of charge to this
City as long as this ordinance continues I effect, space on its poles,
so long as said poles are occupied by said company, and space in its
main subways [not exceeding one clear duct of standard sized to accommodate
the wires or electrical conductors, required for signal control in
connection with its police patrol, fire alarm telegraphy signal systems
and traffic signal control systems, but not to include circuits for
the supply of electrical energy for the traffic or other signals;
provided, however, that such use by the municipality shall not interfere
with the equipment or operation of said company, and said City shall
indemnify and save harmless said telephone company from all claims
or suits for damages arising from the attachment to its poles or the
location in its main subways of any such crossarms, wires or electrical
conductors used by this City. Before proceeding with the attachment
of its wires to the poles or the placing of its electrical conductors
in the main subways or manholes of said company, either by itself
or by a person, firm or corporation engaged to perform such work,
this City shall give the said company 30 days' notice in writing.
All such work shall be performed under the supervision of said company.
If any or all of the said streets or highways shall be later taken
over by the Board of Chosen Freeholders of the County of Atlantic
or the State of New Jersey Department of Transportation, then such
Board of Chosen Freeholders or the Department of Transportation may
use the same clear duct of standard size referred to for their respective
police control, fire alarm telegraphs and traffic signal control systems
in conjunction with the City's use thereof for similar purposes,
but only after making such satisfactory arrangements as may be necessary
with the City and the telephone company for the full protection of
each other's interests.
Following final passage of this ordinance and acceptance thereof
by said company, the permission and consent granted herein shall continue
and be in force for a period of 50 years from the date of its approval
by the New Jersey Board of Public Utilities Commission as required
by law. Throughout the full term of this ordinance, said company,
its successors and assigns, shall furnish safe, adequate and proper
service within this City and keep and maintain its property and equipment
in such condition as to enable it to do so.
Nothing herein contained shall be construed to grant unto said
New Jersey Bell Telephone Company, its successors and assigns, an
exclusive right, or to prevent the granting of permission and consent
to other companies for like purposes on any of the streets, roads,
avenues or highways of this City.
As used in this ordinance, the following terms shall have the
meanings indicated:
CITY
Includes any form of municipality or government into which
this City or any part thereof may at any time hereafter be changed,
annexed or merged, and the term "city" or any other term herein used
in referring to the governing body of this City shall be held to apply
to and include the governing body of such other form of municipality.
The permission and consent hereby granted shall apply to and
cover all existing communications facilities and related appurtenance
heretofore erected, constructed, reconstructed, maintained and operated
by New Jersey Bell Telephone Company or its predecessors.
Said company shall pay the expenses incurred for advertising
done in connection with the passage of this ordinance with 30 days
after the date of its going into effect.
Upon passage of this ordinance in accordance with law, the City
Clerk shall provide said company with written notice thereof by certified
mail. Said company shall file with the City Clerk its written acceptance
of said ordinance within 30 days of the receipt of said notice.