That permission and consent be and the same 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 streets, roads, avenues
and highways and parts thereof, throughout their entire length, in this Township,
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 Township, are hereby
designated and prescribed for the uses and purposes of said company as aforementioned.
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, and
no highways shall be encumbered for a longer period than shall be necessary
to execute the work.
Nothing herein contained shall be construed to impose any obligation
on the part of this Township 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.
Wherever the curbline shall be established hereafter on streets where
the same has not yet been established, said company shall change the location
of its poles so that the same shall be within and adjacent to the new curbline
so established and within 18 inches thereof upon receipt of notice from the
Township Clerk that the curbline has been so established.
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 approval
thereof, and throughout the full time of this ordinance, or of any renewal
thereof, said company, its successors and assigns shall furnish safe, adequate
and proper service within this Township and keep and maintain its property
and equipment in such condition as to enable it to do so.
It is expressly understood and agreed to by the telephone company that
it will, at its own cost and expense, upon reasonable written advice from
the Township, relay, reconstruct and maintain its underground conduits, subways,
manholes and/or loading-coil vaults in the event that such relaying or reconstruction
becomes necessary by reason of the change in the grade of an established highway
in the Township in which said telephone company's underground conduits,
subways, manholes and/or loading-coil vaults exist.
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 Township.
As used in this ordinance, the following terms shall have the meanings
indicated:
TOWNSHIP
Applies to and includes any form of municipality or government into
which this Township or any part thereof may at any time hereafter be changed,
annexed or merged.
Said company shall pay the expenses incurred by this Township for advertising
done in connection with the passage of this ordinance within 30 days after
the date of its going into effect.
Said company shall file with the Township Clerk of this Township its
written acceptance of this ordinance within 30 days after the date of receipt
by it from the Township Clerk of notice of the passage and approval thereof,
and said ordinance shall, upon the filing of such acceptance, become effective.