[Adopted 4-19-1993 as Ord. No. 93-09]
As used in this ordinance, the following terms shall have the meanings
indicated:
CITY
Any form of municipality or government into which the city or any
part thereof may at any time hereafter be changed, annexed or merged.
Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11 and
N.J.S.A. 48:17-12, permission and consent is hereby granted to New Jersey
Bell Telephone Company (the "company"), its successors and assigns to install,
operate, inspect, maintain, repair, replace and remove its communications
facilities and other transmission or process equipment, including underground
facilities, such as conduits, manholes, cables, wires and all other facilities
appurtenant thereto, and aboveground facilities, such as cables, wires, antennas,
poles, posts, supports, guys, pedestals, cable termination and distribution
cabinets and all other facilities appurtenant thereto, in through, upon, along,
over, under and across all of the various public streets and ways, which include
the roads, avenues, right-of-way, sidewalks, highways, bridges, waterways
and other public places and parts thereof, throughout their entire length
and to effect the necessary street openings and lateral connections to curb
poles, property lines and other facilities in the City of Salem (the "city")
for said company's local and through lines and other communications facilities
in connection with the transaction of its business. In the event that any
public street or way where the company has facilities is vacated by the city,
the city agrees to reserve unto said company the rights granted the company
by the present ordinance.
A. All poles, posts, pedestals, cabinets or other facilities
shall be located and placed back of the curblines where shown on the official
map(s) of the city; the poles and posts, however, shall be located within
18 inches of the face of such curbline or as may otherwise be mutually agreed
by both parties or at the points or places now occupied by the poles, posts,
pedestals, cabinets or other facilities of the company, its successors and
assigns and, where there are no curblines, at other convenient points or places
in, upon, along, adjacent, or across the public streets and ways as may be
mutually agreed upon between the parties.
B. The company may bury its local and through communication
facilities, such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances within the right-of-way of the various
public streets and ways and at such locations as shall be mutually agreed
upon by the parties for said company's local and through lines and communications
facilities. Underground conduits and associated facilities, as aforementioned,
shall be placed at least 18 inches below the surface of said public streets
and ways, and with the exception of lateral branches to curb poles and property
lines and other facilities, the same shall generally not be constructed more
than 10 feet from the curbline, unless obstructions make it necessary to deviate
from such course or unless the parties mutually agree to another location.
Manholes shall be located at such points along the line of underground conduits
as may be necessary or convenient for placing, maintaining and operating the
facilities, as aforementioned, which the company may from time to time use
in connection with its underground conduit system and shall be so constructed
as to conform to the cross-sectional and longitudinal grade of the surface
so as not to interfere with the safety or convenience of persons or vehicles.
Before proceeding with any new construction or relocation work in an
area covered by this ordinance, the company shall give prior notice in writing
thereof to the city, through its designated representative, of its intention
to perform such work. The company shall obtain such street opening or excavation
permits as may be lawfully required by any applicable ordinances regulating
such openings or excavations. Any such area affected by the company in constructing its facilities
shall be restored to as good condition as it was before the commencement of
work thereon and in compliance with all permit conditions. No public streets
or ways shall be encumbered for a period longer than shall be reasonable to
execute the work.
The company agrees to indemnify and save harmless the city from and
against all claims and liabilities resulting from any injury or damage to
the person or property of any person, firm or corporation caused by or arising
out of road conditions resulting from any negligent or faulty excavations,
installation or maintenance connected with the work or equipment of said company,
and not attributable to the fault or negligence of the city, except that if
such injury or damage shall be caused by the joint or concurring negligence
or fault of the company and the city, the same shall be borne by them to the
extent of their respective fault or negligence.
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 in conjunction with road construction being performed
by the city, the company shall change the location of its aboveground facilities
covered by this ordinance in accordance with applicable law, so that the same
shall be back of and adjacent to the new curbline so long as the city has
acted in accordance with applicable law and with reasonable care in establishing
the new curbline and providing notice thereof.
Any company or corporation having legal authority to place its facilities
in the public streets and ways of the city may jointly use the company's
poles, posts, pedestals or other structures for all lawful purposes, provided
that the company consents to such use, on terms and conditions acceptable
to the company and not inconsistent with the provisions of the present ordinance.
The company shall provide space, to the extent available, on its poles
so long as said poles are occupied by the company and space, to the extent
available, in its main conduits existing of the date of passage of this ordinance,
but not exceeding one duct of standard size, for the sole benefit of the city
during the pendency of this ordinance. Such space shall be provided for the
exclusive use of the city, which use shall be limited to accommodating the
wires or electrical conductors required for one-way signal control in connection
with municipal police patrol, fire alarm signal control and traffic signal
control systems only but for no other uses or purposes, either along or in
conjunction therewith, nor for circuits for the supply of electrical energy
for traffic or other signals nor for wires, conductors, cable or the equivalent
which provide a means of transmitting any signal to a private, commercial
or residential location and which is normally provided by a nongovernmental
supplier; provided, further, that no such use or attachment by the city shall
interfere with the plant or facilities of or the use thereof by the company.
All costs or expenses incurred by the company in connection therewith shall
be paid by the city. It shall be the obligation of the city to attach its
wires to the poles or place its electric conductors in the conduits or manholes
of the company, provided that, before proceeding with said work, either by
itself or by a person, firm or corporation engaged to perform such work, the
city shall give the company 30 days' prior notice in writing. All such
work shall be performed under the supervision of said company. The city will
indemnify and save harmless the company from and against all claims, liabilities
or demands arising in any manner in connection with the city's wires
or facilities or their installation, maintenance, operation or removal or
the city's use or enjoyment of the company's plant or facilities
provided under this section.
If any or all of said streets or ways are later taken over by the County
of Salem or the State of New Jersey, such county or state shall have such
rights and privileges and be subject to the same terms, conditions and limitations
of use as apply herein to the city; provided, however, that satisfactory prior
arrangements as may be necessary are made with the city and the company for
the full protection of the respective interest of each.
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, reconstructed, removed, located, relocated, replaced, maintained,
repaired or operated by the company, its predecessors, successors or assigns
within the city. This ordinance shall cancel and supersede all prior consent
ordinances between the city and the company regarding the subject matter hereof.
The company shall maintain its property within the city and shall comply
with applicable law for the provision of safe, adequate and proper service
at just and reasonable rates and safeguard the public interest in continuous
and uninterrupted service within the city.
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. Following final passage of this ordinance, the City Clerk
shall provide the company with written notice thereof by certified mail. As
provided by applicable law, this ordinance and any subsequent amendments shall
not become effective until acceptance by the company and approval thereof
by the Board of Regulatory Commissioners.