[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 9-11-2000 by Ord. No. 2000-6.
Amendments noted where applicable.]
The Borough has reviewed all documentation regarding Metricom's
request for use of the municipality's public road rights-of-way and finds
that it is in the best interest of the residents of the Borough to grant said
request.
The Borough hereby consents to the nonexclusive use of its rights-of-way
by Metricom for the installation and maintenance of its Ricochet transceivers.
This consent shall permit Metricom to place and maintain such transceivers
on the municipality's and public utility poles located upon and along
certain public highways and streets in the Borough, as described by Schedule
A, attached hereto.[1] This consent is subject to all provisions of this ordinance. In
the event that Metricom violates any provision of this ordinance, the Borough
will give Metricom notice of such violation. Such violation must be cured
within 30 days of the receipt by Metricom of the Borough's notice of
violation or, if said violation cannot be cured within 30 days, Metricom will
begin such cure within 30 days and continuously prosecute such cure until
completed. Failure to cure the violation within the prescribed time will result
in appropriate action on behalf of the Borough, which may include, but is
not limited to court intervention, revocation of this ordinance and the termination
of any and all relationships between the Borough and Metricom.
[1]
Editor's Note: Said Schedule A is on file in the Borough offices.
This grant of consent to nonexclusive use of the public street rights-of-way
is solely for the purpose of installing and maintaining radio transceivers
to facilitate wireless Internet and on-line communications and services. The
terms and conditions, duties and obligations, fees and reimbursement charges
to Metricom are set forth in the Right-of Way Use Agreement, Schedule B, attached
hereto and made part hereof.[1]
[1]
Editor's Note: Said Schedule B is on file in the Borough offices.
This ordinance shall take effect immediately upon final passage and
publication according to law and upon receipt by the Borough of written acceptance
of the terms hereof by Metricom as evidenced by execution of the Right-of-Way
Use Agreement, attached hereto as Schedule B. If such acceptance is not received
by the Borough Clerk within 30 days of the final passage of this ordinance,
the same will automatically expire and be of no further effect. In the event
of a conflict between the terms of this ordinance and the Right of Way Use
Agreement, the terms of this ordinance shall control.
The Mayor and Clerk are hereby authorized to execute the Right-of-Way
Use Agreement in the form attached hereto as Schedule B.
