[HISTORY: Adopted by the Council of the City of Perth Amboy 11-9-2009 as Ordinance No. 1489-2009.]
A. 
Preamble. The general laws of the State of New Jersey grant a municipal Council the authority to review an application made by a certified telephone exchange carrier to install telecommunications services within the municipality;
Pursuant to N.J.S.A. 48:17-10 through 48:17-12, the Perth Amboy City Council (Council) may grant its consent to the installing and operations of a telecommunications network in, upon, along, over or under any public road, street or highway of the municipality;
Cablevision Lightpath-NJ, Inc. has represented that it is a Delaware corporation qualified to do business in New Jersey, and its subsidiary, 4 Connections LLC, with offices at 200 Jericho Tpke, Jericho, NY 11753 (herein collectively "Lightpath");
4 Connections LLC and Lightpath-NJ are authorized to provide telecommunications services in the State of New Jersey under authority granted to them by the New Jersey Board of Public Utilities by order of approval in Docket No. TE02010035 and in Docket No. TE97120883 respectively; and
Lightpath seeks consent from the Council to install and operate a telecommunications network within public rights-of-way controlled by the municipality for the purpose of providing this telecommunication services; and
Subject to the conditions set forth herein, the Council is satisfied that it is consistent with State law and in the public interest to promote competition in the telecommunications market within the municipality by providing this authorization to Lightpath.
B. 
Permission is hereby granted Lightpath, and their lawful successors and assigns, to install a telecommunications in and over the public rights-of-way for the purpose of operating a telecommunications network within the municipality's public right-of-way.
C. 
Any and all expenses related to the installation of the lines approved herein shall be borne by Lightpath.
D. 
Lightpath shall be required, at its own expense, to obtain all necessary permits and approvals as required by the City of Perth Amboy and other applicable laws and regulations.
E. 
Lightpath shall adhere to all applicable safety requirements related to the installation, operation, maintenance, and use of the telecommunications network within the municipality.
F. 
The permission granted herein shall be extended to Lightpath, its successors, and/or assignees for twenty-five (25) years. At the end of said term, provided that Lightpath has substantially complied with the material terms and conditions of this grant and there has not been a material change in the condition or the City's ownership of the right-of-way. Lightpath, its successors and/or assignees, at its sole option, may choose to extend the permission granted herein for an additional twenty-five (25) years. Such permission shall not be unreasonably withheld by the Council, which may act by resolution.
G. 
Lightpath, its successors and assigns shall defend indemnify, and hold the municipality harmless from any and all liability for damage to property or injury directly resulting from the installation, operation, maintenance, Lightpath's use of the municipal rights-of-way as authorized herein.
H. 
Lightpath shall maintain and keep in force and effect, at its sole cost and expense, and at all times during the term of this resolution, sufficient commercial general insurance naming the municipality as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amount of three million dollars ($3,000,000) for bodily injury or death to any one (1) person, and three million dollars ($3,000,000) for bodily injury or death resulting from any one (1) accident or occurrence stemming from or arising out of Lightpath exercise or its rights hereunder.
I. 
Lightpath shall be responsible for the repair damage to paving, existing utility lines, or any surface or subsurface installations, arising from the installation or maintenance of the telecommunications network authorized herein.
J. 
Lightpath shall provide the municipality, before commencing installation, at its sole cost and expense, a performance bond in the amount of twenty-five thousand dollars ($25,000) to ensure faithful performance of its undertakings.
K. 
Lightpath shall pay the City of Perth Amboy for all reasonable costs incurred in connection with its review and approval of Lightpath's request for permission and all subsequent applications and approvals for specific site installations, including professional and review fees.