[1988 Code § A153-1]
a. Permission and consent is hereby granted to New Jersey Bell Telephone
Company, its successors and assigns, to erect, construct, reconstruct,
lay, maintain and operate its underground conduits and subways, cables,
poles, posts, wires, manholes, loading coil vaults, loading coils,
including the necessary street openings and lateral connections to
curb poles and property lines, and its other fixtures and appurtenances,
in, through, upon, along, over, under and across all of the various
street, roads, avenues and highways and parts thereof, throughout
their entire length, in this Borough, for its local and through lines
and systems in connection with the transaction of its business, and
all of the various streets, roads, avenues and highways and parts
thereof, throughout their entire length, in this Borough, are hereby
designated and prescribed for the uses and purposes of said company
as aforementioned.
b. Said Company shall defend and hold harmless the Borough of Cape May
Point from any claims or costs of defending any claims arising out
of or related to the activities of New Jersey Bell Telephone Company
in exercising the rights and privileges granted by this ordinance.
[Ord. No. 117-65; 1988
Code § A153-2]
All poles or posts 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 Borough and
within 18 inches thereof and at the points or places now occupied
by the poles or posts of said Company, its successors and assigns
and at other convenient points or places upon the streets, roads,
avenues and highways, adjacent to such curblines.
[Ord. No. 117-65; 1988
Code § A153-3]
Said Company may construct, reconstruct, lay, maintain and operate
in its subways or underground conduits, manholes and loading coil
vaults the wires, cables, loading coils and other electrical conductors
and appurtenances necessary in connection therewith for its local
and through lines and systems; it may also erect, construct, reconstruct,
maintain and operate the necessary distributing poles or posts, fixtures
and supports and distribute therefrom upon, along, across, over and
above the surface of said streets, roads, avenues and highways and
parts thereof such wires, cables and other electrical conductors which
it may find necessary to erect, construct, reconstruct, maintain and
operate in connection with the system of subways, underground conduits
and manholes aforementioned. With the exception of lateral branches
to curb poles and property lines, said underground conduits shall
be placed below the surface of said streets, roads, avenues and highways
and parts thereof, and said conduits generally shall not be constructed
more than 10 feet from the curbline unless obstructions make it necessary
to deviate from such course, and all underground conduits shall be
placed at least 18 inches below the surface of the street.
[Ord. No. 117-65; 1988
Code § A153-4]
a. All manholes and loading coil vaults shall be located beneath the
surface of said streets, roads, avenues and highways and parts thereof
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 electrical conductors, 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 pavement and as not to interfere with the safety or convenience
of persons or vehicles traveling on or over such streets, roads, avenues
and highways and parts thereof.
b. Before proceeding with the work of erecting any pole or poles or
of constructing underground conduits and cables, manholes and/or loading
coil vaults under the permission and consent herein contained, said
Company shall file with the Mayor and Commissioners of this Borough
a map or plan showing the location and size of any such proposed pole
or poles, underground conduits, subways, manholes and loading coil
vaults, which map or plan shall be first approved by said Mayor and
Commissioners or their authorized representative.
c. 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, said Company shall obtain a permit for
such opening or excavation upon payment of such reasonable fee therefor
as may be required by any ordinance regulating openings and excavations
of streets.
[Ord. No. 117-65; 1988
Code § A153-5]
The surface of the streets, roads, avenues and highways and
any pavement or flagging taken up 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 Borough after
an inspection by its authorized representative upon completion of
the work and the payment of a reasonable fee therefor.
[Ord. No. 117-65; 1988
Code § A153-6]
Except as herein expressly provided for, said company shall
be exempt from any fee which may be required by any ordinance regulating
the openings and excavations of streets within said Borough.
[Ord. No. 117-65; 1988
Code § A153-7]
Nothing herein contained shall be construed to impose any obligation
on the part of this Borough to open any streets, roads, avenues or
highways or parts thereof not heretofore dedicated or opened to the
public use, and nothing herein contained shall be construed in any
court or place as an acceptance of any unaccepted street, road, avenue
or highway or any part thereof.
[Ord. No. 117-65; 1988
Code § A153-8]
Wherever the curbline shall be established hereafter on streets
where the same has not yet been established 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 at its
own expense so that the same shall be back of and adjacent to the
new curbline so established and within 18 inches thereof, upon receipt
of notice from the Borough Clerk that the curbline has been so established.
[Ord. No. 117-65; 1988
Code § A153-9]
Upon any of the streets, roads, avenues and highways in this
Borough now or hereafter occupied by the poles or posts 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 or posts, said New Jersey Bell Telephone Company and such other
companies or corporations may use the same poles, provided that they
can agree so to do.
[Ord. No. 117-65; 1988
Code § A153-10]
Said New Jersey Bell Telephone Company shall provide free of
charge to this Borough, as long as this Ordinance continues in effect,
space on its poles, so long as said poles are occupied by said Company,
for the placing by this Borough of one crossarm or, in lieu thereof,
two pins on a crossarm of said company to be designated by it, and
space in its main subways (not exceeding one clear duct of standard
size) to accommodate the wires or electrical conductors required for
signals control in connection with its police patrol, fire alarm telegraph
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 crossarms, wires or electrical
conductors shall not be installed, used or maintained in such manner
as to interfere with the crossarms, wires or electrical conductors
which said Company, its successors and assigns may then have or may
thereafter from time to time place on its poles or in its main subways,
and said Borough shall indemnify and save harmless said 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 Borough. Before proceeding with
the attachment of its said crossarms and/or wires to the poles or
the placing of its said electrical conductors in the main subways
or manholes of said company, either on the part of itself or on the
part of a person, firm or corporation engaged to perform such work,
this Borough shall give to said company 30 days' notice, in writing,
in order that the work may be performed under the supervision of said
Company. If any or all of said streets or highways are later taken
over by the Board of Chosen Freeholders of the County of Cape May
or the New Jersey State Highway Department, then such Board of Chosen
Freeholders or the State Highway Department 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 borough's use thereof for similar purposes, but only
after making such satisfactory arrangements as may be necessary with
the Borough and the Company for the full protection of each other's
interest.
[Ord. No. 117-65, adopted
8-23-65; 1988 Code § A153-11]
The permission and consent given and granted by this ordinance shall continue and be in force for a period of 50 years from the date of the final passage thereof, provided its provisions are accepted by the Company as hereinafter provided in Section
A153-16, and, throughout the full time of this Ordinance, 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. No. 117-65; 1988
Code § A153-12]
Nothing herein contained shall be construed to grant unto said
New Jersey Bell Telephone Company, its successors and assigns an exclusive
right, nor 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 Borough.
[Ord. No. 117-65; 1988
Code § A153-13]
The term "Borough" as used in this Ordinance in its application
to the Borough of Cape May Point shall be held to apply to and include
any form of municipality or government into which this Borough or
any part thereof may at any time hereafter be changed, annexed or
merged, and the term "Board of Commissioners" or any other term herein
used in referring to the Governing Body of this Borough shall be held
to apply to and include the Governing Body of such other form of Municipality.
[Ord. No. 117-65; 1988
Code § A153-14]
The permission and consent hereby granted shall apply to and
cover the poles, posts, wires, cables, underground conduits and subways,
manholes, loading coil vaults, loading coils, fixtures and appurtenances
heretofore erected, constructed, reconstructed, maintained and operated
by New Jersey Bell Telephone Company or its predecessors.
[Ord. No. 117-65; 1988
Code § A153-15]
Said Company shall pay the expenses incurred for advertising
done in connection with the passage of this Ordinance within 30 days
after the date of its going into effect.
[Ord. No. 117-65; 1988
Code § A153-16]
Said Company shall file with the Borough Clerk of this Borough
its written acceptance of this Ordinance within 30 days after the
date of receipt by it from the Borough Clerk of notice of passage,
approval and publication thereof as provided by law, and said Ordinance
shall, upon filing of such acceptance, become effective.