The surface of the public ways, sidewalks, streets,
roads, avenues, highways and other public places, and any pavement
or other surface and/or planting disturbed by the company in constructing
its facilities, shall be restored to as good a condition as it was
in before the commencement of work thereon. No highways or other public
ways shall be encumbered for a period longer than shall be necessary
to complete the required work. Immediately upon the completion of
any of said work, the company shall take steps to restore said highway,
road or public way to its prior condition. Such restoration shall
be subject to the approval of the township after an inspection by
its authorized representative upon completion of the work.
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 or highway
in conjunction with road construction by the township, the company
shall change the location of its aboveground facilities covered by
this ordinance, at no charge to the township except as otherwise provided
by applicable law, agreement or otherwise, so that the same would
be in back of and adjacent to the new curbline so established, upon
receipt of notice that the curbline has been so established, so long
as the municipality has acted with reasonable care in establishing
the new curbline and providing notice thereof.
The township agrees to indemnify, save harmless and in the event of suit to defend the company from and against all losses, costs, damages, expense, claims or demands arising out of or causes or alleged to have been caused in any manner by the township's use or engagement of the company's plant or facilities provided under §
A218-8B and
C above, including all suits of every kind or description brought against the company, either individually or jointly with the township, or another. The township shall not be held liable for any loss, cost, damage, expense, claim or demands to the extent caused by the negligent or intentional wrongful acts or omissions of the company, its agents, employees and/or representatives. The liability of the township is further expressly limited by the provisions of N.J.S.A. 59:1-3 et seq., and the company is herein required in any claim of the company for indemnification or defense to be in strict compliance therewith to the extent required by law.
Nothing herein contained shall be construed
to grant unto said 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 the township.
As used in this ordinance, the following terms
shall have the meanings indicated:
TOWNSHIP
Is held to apply to and include any form of municipality
or government into which the township or any part thereof may at any
time hereafter be changed, annexed or merged.
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, reconstruction, removed,
located, relocated, replaced, maintained, repaired or operated by
the company, its predecessors, successors or assigns within the township.
The company shall pay the expenses incurred
for advertising required in connection with the passage of this ordinance,
after the date of its first reading, within 30 days after the company
has received a bill for said advertising from the publisher.