[Ord. #2001-05, S 1]
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, permission and consent is hereby granted to
Verizon New Jersey Inc., (the "Company"), its successors and assigns,
to install, operate, inspect, maintain, repair, replace and remove
its communications facilities and other transmission or process equipment,
including underground facilities, such as conduits, manholes, cables,
wires and all other facilities appurtenant thereto, and above ground
facilities, such as cables, wires, antennas, poles, posts, supports,
guys, pedestals, cable termination and distribution cabinets and all
other facilities appurtenant thereto, in, through, upon, along, over,
under and across all of the various public streets and ways, which
include the roads, avenues, right-of-way, sidewalks, highways, bridges,
waterways and other public places, 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 Borough of Point Pleasant (the "Borough") for said Company's
local and through lines and other communications facilities in connection
with the transaction of its business. In the event that any public
street or way where the Company has facilities is vacated by the Borough,
the Borough agrees to reserve unto said Company the rights granted
the Company by the present chapter.
[Ord. #2001-05, S 1]
All poles, posts, pedestals, cabinets or other facilities shall
be located and placed back of the curblines where shown on the official
map(s) of the Borough; the poles and posts, however, shall be located
within eighteen (18") inches of the face of such curbline or as may
otherwise be mutually agreed by both parties or at the points of places
now occupied by the poles, posts, pedestals, cabinets or other facilities
of the Company, its successors and assigns, and where there are no
curblines, at other convenient points or places in, upon, along, adjacent
or across the public streets and ways as may be mutually agreed upon
between the parties.
[Ord. #2001-05, S 1]
The Company may bury its local and through communication facilities,
such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances, within the right-of-way of the
various public streets and ways and at such locations as shall be
mutually agreed upon by the parties for said Company's local
and through lines and communications facilities. Underground conduits
and associated facilities, as aforementioned, shall be placed at least
eighteen (18) inches below the surface of said public streets and
ways, and with the exception of lateral branches to curb poles and
property lines and other facilities, the same shall generally not
be constructed more than ten (10') feet from the curbline, unless
obstructions make it necessary to deviate from such course or unless
the parties mutually agree to another location. Manholes shall be
located at such points along the line of underground conduits as may
be necessary or convenient for placing, maintaining and operating
the facilities, as aforementioned, which the company may from time
to time use in connection with its underground conduit system, 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.
[Ord. #2001-05, S 1]
Before proceeding with any new construction or relocation work
in an area covered by this Chapter, the Company shall give prior notice
in writing thereof to the Borough, through its designated representative,
of its intention to perform such work. The Company shall obtain such
street opening or excavation permits as may be lawfully required by
any applicable ordinances regulating such openings or excavations.
Any such area affected by the Company in constructing its facilities
shall be restored to as good condition as it was before the commencement
of work thereon. No public streets or ways shall be encumbered for
a period longer than shall be reasonable to execute the work.
[Ord. #2001-05, S 1]
The Company agrees to indemnify and save harmless the Borough
from and against all claims and liabilities resulting from any injury
or damage to the person, firm or corporation caused by or arising
out of road conditions resulting from any negligent or faulty excavations,
installation or maintenance connected with the work or equipment of
said Company and not attributable to the fault or negligence of the
Borough, except that if such injury or damage shall be caused by the
joint or concurring negligence or fault of the Company and the Borough,
the same shall be borne by them to the extent of their respective
fault or negligence.
[Ord. #2001-05, S 1]
Whenever a curbline shall be established on streets where one
does not now exist or where an established curbline shall be relocated
in order to widen an existing street in conjunction with road construction
being performed by the Borough, the Company shall change the location
of its aboveground facilities covered by this chapter in accordance
with applicable law, so that the same shall be back of, and adjacent
to, the new curbline, so long as the Borough has acted in accordance
with applicable law and with reasonable care in establishing the new
curbline and providing notice thereof.
[Ord. #2001-05, S 1]
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the Borough may jointly
use the Company's poles, posts, pedestals or other structures
for all lawful purposes, provided the Company consents to such use,
on terms and conditions acceptable to the Company and not inconsistent
with the provisions of the present Chapter.
[Ord. #2001-05, S 1]
The Company shall provide space, to the extent available, on
its poles, so long as said poles are occupied by the Company, and
space, to the extent available, in its main conduits existing on the
date of passage of this Chapter, but not exceeding one (1) duct of
standard size, for the sole benefit of the Borough during the pendency
of this Chapter. Such space shall be provided for the exclusive use
of the Borough which use shall be limited to accommodating the wires
or electrical conductors required for one-way signal control in connection
with municipal police patrol, fire alarm signal, control and traffic
signal control systems only but for no other uses or purposes, either
alone or in conjunction therewith, nor for circuits for the supply
of electrical energy for traffic or other signals nor for wires, conductors,
cable or the equivalent which provide a means of transmitting any
signal to a private, commercial or residential location and which
is normally provided by a nongovernmental supplier; provided, further,
that no such use or attachment by the Borough shall interfere with
the plant or facilities of or the use thereof by the Company. All
costs or expenses incurred by the Company in connection therewith
shall be paid by the Borough. It shall be the obligation of the Borough
to attach its wires to the poles or place its electric conductors
in the conduits or manholes of the Company, provided that before proceeding
with said work, either by itself or by a person, firm or corporation
engaged to perform such work, the Borough shall give the company thirty
(30) days prior notice in writing. All such work shall be performed
under the supervision of said Company. The Borough will indemnify
and save harmless the Company from and against all claims, liabilities
or demands arising in any manner in connection with the Borough's
wires or facilities or their installation, maintenance, operation
or removal, or the Borough's use or enjoyment of the Company's
plant or facilities provided under this section.
[Ord. #2001-05, S 1]
If any or all of the said streets or ways are taken over by
the County of Ocean or the State of New Jersey, such County or State
shall have such rights and privileges and be subject to the same terms,
conditions and limitations of use as apply herein to the Borough;
provided, however, that satisfactory prior arrangements as may be
necessary are made with the Borough and the Company for the full protection
of the respective interest of each.
[Ord. #2001-05, S 1]
The term "Borough" as used in this Chapter shall be held to
apply to and include any form of municipality or government into which
the Borough or any part thereof may at any time hereafter be changed,
annexed or merged.
[Ord. #2001-05, S 1]
The permission and consent hereby granted shall apply to and
cover all communications facilities of the Company existing at any
time and related structures, process equipment and appurtenances heretofore
or hereafter erected, constructed, reconstructed, removed, located,
relocated, replaced, maintained, repaired or operated by the Company,
its predecessors, successors or assigns within the Borough. This Chapter
shall cancel and supersede all prior consent ordinances between the
Borough and the Company regarding the subject matter hereof.
[Ord. #2001-05, S 1]
The Company shall maintain its property within the Borough and
shall comply with applicable law for the provision of safe, adequate
and proper service at just and reasonable rates and safeguard the
public interest in continuous and uninterrupted service within the
Borough.
[Ord. #2001-05, S 1]
The permission and consent given and granted by this Chapter
shall continue and be in force for a period of fifty (50) years from
the date of the approval thereof, and throughout the full time of
this Chapter said Company, its successors and assigns, shall furnish
safe, adequate and proper service within this Borough and keep and
maintain its property and equipment in such condition as to enable
it to do so.
[Ord. #2001-05, S 1]
In the event that any provision herein shall for any reason
be illegal or unenforceable under applicable law, such illegality
or unenforceability shall not affect any other provisions of this
Chapter, and this Chapter shall be construed as if such illegal or
unenforceable provision(s) had never been contained herein.
[Ord. #2001-05, S 1]
The Company shall pay the expenses incurred for advertising
required in connection with the passage of this Chapter, after the
date of its first reading, within thirty (30) days after the Company
has received a bill for said advertising from the publisher. Following
the final passage of this Chapter, the Borough Clerk shall provide
the Company with written notice thereof by certified mail. As provided
by applicable law, this chapter, and any subsequent amendments, shall
not become effective until acceptance thereof by the Company and approval
thereof by the Board of Public Utility Commissioners.