BOROUGH OF HILLSDALE

                                                                                                            07125                

RESOLUTION

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Title.  Resolution granting permission to AT&T Corp. on behalf of itself and its subsidiaries, including AT&T Communications of New Jersey, L.P. and Teleport Communications New York (collectively, "AT&T") to install telecommunications facilities along, under and over the public right-of-way in order to provide telecommunications services to the public.

WHEREAS, AT&T is a telecommunications carrier authorized to provide service by the New Jersey Board of Public Utilities (BPU) and the Federal Communications Commission (FCC); and

WHEREAS, AT&T, as a public utility and common carrier, has requested approval to install telecommunications facilities in Hillsdale rights-of-way; and

WHEREAS, AT&T is seeking to lease or obtain conduit space and access to poles with other utilities, particularly Verizon New Jersey Inc., and Verizon has required that AT&T obtain approval of the Hillsdale Borough Council as a condition of such access;

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Hillsdale as follows:

1. Permission and authority are hereby granted to AT&T to install telecommunications facilities, or lease or obtain for such telecommunications facilities existing conduit space in the public right-of-way in Hillsdale in order to provide telecommunications services to the public, and to operate, maintain and repair said facilities, subject to the following:

A.          The facilities shall be installed in underground conduit and/or on to existing utility poles in the public right-of-way, provided that the authorization shall not permit installation of equipment boxes on the lower 1/2 portion of such poles without the prior written consent of the Borough of Hillsdale or on the surface of the public-fit-of-way adjacent to such poles, and provided further that all cables shall be placed sufficiently close to other cables to ensure that there will be no material alteration in the need to trim trees in excess of current trimming practices.

B.          AT&T, its successors and assigns, shall adhere to all applicable Federal, State, and Local laws regarding safety requirements for the use of the public right of way.

C.          AT&T, its successors and assigns, shall comply with all Federal, State, and Local laws requiring permits prior to beginning construction.

D.          Such permission be and is hereby given upon the condition and provision that AT&T, its successors and assigns, not only indemnify and save harmless Hillsdale, its officers, agents, and servants, from any claims whatsoever arising from or in any way connected to the acts or omissions of AT&T in use of the public right-of way but shall agree on behalf of the Borough to defend any action at law or equity which may be brought against the Borough upon such claims or from claims arising during the construction period, excluding in all instances claims arising out of gross negligence or willful misconduct on the part of the Borough.

E.        In addition to the aforesaid indemnity agreement, AT&T, its successors and assigns shall at its own cost and expense procure and keep at all times in full force and effect paid up policies for Comprehensive General Liability Insurance in favor of the Borough, in the amount of at least $5,000,000, covering bodily injury and property damage arising out of any one accident. Proof of said coverage, naming the Borough as an insured and including the indemnification clause in Section D shall be filed with the Borough Clerk prior to the installation of any plant. The Borough shall have the right to increase the amount of Comprehensive General Liability Insurance and to alter the terms of insurance called for under this section. Said insurance shall not be subject to cancellation or change until thirty (30) days after the Borough Clerk has received written notice thereof as evidenced by return receipt of certified or registered letter.

F.        Such permission be and is hereby given upon the further condition that in the use of the public right-of way AT&T, its successors and assigns, shall become subject to any lawful Ordinance or Resolution now or hereafter adopted by the Borough.

G.       That such permission be and is hereby given upon the condition that AT&T shall obtain all applicable permits which may be required by the Borough, and that AT&T shall pay in addition to the fees associated with such permits an annual permit fee of One Hundred Dollars ($100.00) per mile, or portion thereof, of AT&T fiber optic cable located in the public rights-of-way within the Borough, with a minimum annual fee of Five Hundred Dollars ($500.00), and provided that if any Federal or State statute or regulation hereafter adopted authorizes or permits any fee or payment to the Borough in excess of that required herein, the Borough may impose such fee or payment in accordance with such new applicable law, and the provisions herein shall not construed as a waiver by the Borough of such fee or payment. Similarly, nothing herein shall bar AT&T from seeking a reduction in the foregoing fee if any Federal or State statute or regulation hereafter adopted renders the foregoing fee unlawful.

H.       Such permission be and is hereby given upon the condition that AT&T shall obtain all applicable permits which may be required by the Borough.  Additionally, prior to the granting of any permits, any costs incurred for a professional’s review of or drafting of resolutions shall be reimbursed to the Borough.  This shall also include, but not be limited to, compensating the Borough for any personnel, including police and fire inspectors, and Department of Public Works personnel for any expenses incurred in the supervision, maintenance or repair occasioned by the installation or maintenance of AT&T facilities.

I.          AT&T shall be responsible for the repair of damage to paving, existing utility lines, or any surface or subsurface installations, etc., arising from the construction, installation or maintenance of said plant.

Notwithstanding any provision contained herein, neither the Borough nor AT&T shall be liable to the other for consequential, incidental, exemplary or punitive damages on account of any activity pursuant to this instrument.

J.          This instrument shall be adopted on behalf of the Borough by the Hillsdale Borough Council and attested to by the Borough Clerk who shall affix the Borough Seal thereto.  Said execution, approval, and filing shall constitute the existence of public notification.

K.   The permission and authority hereby granted shall be for a period of 50 years. However, after 15 years from the date of this agreement, the Borough shall have the right to terminate permission and authority, by Resolution with a minimum one year notice to AT&T to sell or liquidate its facilities in the public right-of-way. Conversely, AT&T shall be allowed to terminate permission and authority, by request of Resolution with a minimum of one year from passage of such Resolution to sell or liquidate its facilities in the public right-of-way.

 

The authorization provided herein shall be subject to the Borough Attorney’s continuing review and supervision of these matters.

 

  

Council member

Motion

Second

Yes

No

Absent

Abstain

Arnowitz, Max

 

 

x

 

 

 

Chapman, Donna

 

 

x

 

 

 

Prospero, Frank

x

 

x

 

 

 

Rush, Ken

 

 

x

 

 

 

Sapanara, John

 

x

x

 

 

 

Weinstein, Andrew

 

 

x

 

 

 

 

 

Adopted: September 5, 2007                                                    

 

                                                                      

Attest: ________________________             ____________________________________

            Robert P. Sandt                                    Acting Mayor Kenneth R. Rush

            Municipal Clerk