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RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT OF WAY AGREEMENT

WITH FIBER TECHNOLOGIES NETWORKS, LLC FOR THE INSTALLATION, USE AND
MAINTENANCE OF TELECOMMUNICATION FACILITIES WITHIN THE PUBLIC RIGHTS-
OF-WAY OF EWING TOWNSHIP

Resolution #10- WHEREAS, Fiber Technologies Networks, LLC (“Fibertech”) is authorized to


provide local exchange and interexchange telecommunications and related services in the State of New
Jersey; and

WHEREAS, pursuant to providing telecommunications and related services, Fibertech desires to


construct, install, operate, repair and maintain a telecommunications system within the rights of way of
the Township of Ewing; and

WHEREAS, Fibertech proposes to locate new fiber optic cable within the Township of Ewing utilizing
utility poles and/or conduit, being owned and maintained by Public Service Electric Gas and/or Verizon;
and

WHEREAS, all communications facilities constructed within the public right-of-way shall meet all
applicable State, County and Municipal codes; and

WHEREAS, the Township Council finds the installation of telecommunication services within the
Township of Ewing to be in the public interest;

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Ewing that it
hereby consents to the grant to Fiber Technologies Networks, LLC of a non-exclusive right to occupy the
public rights of way within Ewing township for the purposes of construction, installation, operation,
repair, maintenance and replacement of a telecommunication system for a period not to exceed 50 years
subject to the following conditions:

1. That the installation, operation and maintenance of the telecommunication facilities shall not
interfere with the safety or convenience of persons or vehicles traveling on public streets,
highways or right-of-way within the Township of Ewing and that installation shall be coordinated
with the Police Department’s Traffic Safety Bureau.

BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute such documents and
agreement as are necessary to effectuate this Resolution.

IT IS SO RESOLVED.

Certification:

I, Stephen W. Elliott, Municipal Clerk of the Township of Ewing, hereby certify that the above is a
true copy of a Resolution adopted by the Governing Body of the Township of Ewing at a Regularly
Scheduled Meeting of the Municipal Council of the Township of Ewing, County of Mercer, State of
New Jersey held on the 28th day of September, 2010.

SEAL _____________________________
Stephen W. Elliott
Municipal Clerk

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