[Adopted 4-24-2013 by Ord. No. O-2013-0004]
A.
Every applicant for the installation of fiber optic or other cable
or for the use of a public utility easement on County roads and rights-of-way
shall submit to the County Engineer:
(1)
A plat showing the proposed location of the fiber optic or proposed
installation;
(2)
A depiction indicating whether the proposed installation is overhead
or underground;
(3)
Copies of all easements proposed to be used which have previously
been granted to utilities; and
(4)
All consents for the use of any such easements by the applicable
utilities.
B.
C.
A comprehensive liability insurance policy in the minimum amount
of $1,000,000 per claim, with premiums prepaid, providing liability
coverage for any death, personal injury, property damage or other
liability caused by the acts or omissions of the provider's staff,
employees, agents, contractors and/or representatives while on, entering
onto or exiting County property arising out of the installation/construction,
operation, maintenance or use contemplated herein.
D.
A certificate of insurance naming the County as an additional insured
for general liability coverage in the amount of at least $5,000,000.
E.
An indemnification agreement, properly executed by the applicant,
holding the County, its officers, agents and employees harmless from
any loss, claim or damage arising out of the installation, operation,
maintenance or use of the fiber optic or other cable/wiring installed
by the applicant, the form of said agreement to be approved by Essex
County Counsel.
F.
A relocation agreement that places the full costs of the relocation
and/or removal of anything installed to be paid by the owner of the
property and/or equipment.
No license or permit issued pursuant to this article shall be
valid for a period of more than 10 years.
In the event that the fiber optic or other cable installation
interferes with a planned County installation, the subject fiber optic
or other cable shall be relocated by its owner in an expeditious manner
within the right-of-way to a location approved by the County at no
cost to the County. No additional fee will be charged by the County
as a result of the relocation.
Any underground installation of fiber optic or other cable,
where applicable, shall be required to comply with the road opening
requirements set by the County Engineer. All required permits must
be obtained from the Office of the County Engineer prior to commencing
any construction/installation activities within the County right-of-way.
All other ordinances and/or resolutions inconsistent with this
article are deemed amended in accordance with this article.