Township Council Meeting — Packet

isclose information which it reasonably deems to be proprietary or confidential in nature. The Township agrees to treat any information disclosed by the Company as confidential and only to disclose it to those employees, representatives, and agents of the Township that have a need to know in order to enforce this Ordinance Agreement and who agree to maintain the confidentiality of all such information. 5

The Company shall not be required to provide Customer information in violation of Section 631 of the Cable Act or any other applicable federal or state privacy law. For purposes of this Section, the terms "proprietary or confidential" include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Company to be competitively sensitive. The Company may make proprietary or confidential information available for inspection but not copying or removal by the Municipality's representative. In the event that the Municipality has in its possession and receives a request under a state "sunshine," public records, or similar law for the disclosure of information the Company has designated as confidential, trade secret or proprietary, the Township shall notify the Company of such request and cooperate with Company in opposing such request. XX. FORCE MAJEURE. The Company shall not be liable or responsible for, in whole or in part, any delay or failure to perform any of its obligations hereunder which may result from accidents, pandemics, floods, fires, earthquakes, tornadoes or other acts of God; war, acts of war (whether or not a declaration of war is made), civil disobedience; civil disturbance, sabotage or vandalism, customer tampering or interference, or act of public enemy; strikes, other labor or job actions or unavailability of materials or equipment; or other events or circumstances beyond the reasonable control of the Company. XXI. THIRD PARTY BENEFICIARIES. Nothing in this Franchise or in any prior agreement is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or Franchise. XXII. NEW DEVELOPMENTS. The Municipality, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Company with at least fifteen (15) days advance notice of an available open trench for the placement of necessary cable. XXIII. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. 6

XXIV. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. SUSAN MCCARTNEY, MAYOR BILL RUTHERFORD, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: November 25, 2024 ADOPTED: December 10, 2024 7

Legislative History The purpose of this ordinance is to grant to Comcast renewal of its non-exclusive Municipal Consent to place in, upon, across, above, over and under highways, streets alleys, sidewalks, easements, public ways and public places in the Township of West Orange, poles, wires, cables, underground conduits, manholes and other television conductors, fixtures, apparatus, and equipment as may be necessary for the construction, operation and maintenance in the Township of West Orange of a cable television and communications system.. 8

TOWNSHIP OF WEST ORANGE COUNTY OF ESSEX, STATE OF NEW JERSEY BOND ORDINANCE NUMBER 2886-24 BOND ORDINANCE PROVIDING FOR VARIOUS 2024 CAPITAL ACQUISITIONS AND IMPROVEMENTS, BY AND IN THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY, APPROPRIATING $13,802,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $11,584,343 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken by the Township of West Orange, in the County of Essex, State of New Jersey (the “Township”). For the said improvements or purposes stated in Section 3 hereof, there is hereby appropriated the amount of $13,802,000, which sum includes a $200,000 grant expected to be received from the Community Development Block Grant Program (the “CDBG Grant”), $1,517,907 grants expected to be received from the Department of Transportation of the State of New Jersey (the “DOT Grants” and together with the CDBG Grant, the “Grants”) and down payments in the aggregate amount of $499,750 (the “Down Payments”) for said improvements or purposes as required by the Local Bond Law of the State of New Jersey, as amended and supplemented (N.J.S.A. §40A:2-1 et seq.) (the “Local Bond Law”), which Down Payments are now available from the Township’s Capital Improvement Fund by virtue of a provision or provisions in a previously adopted budget or #14778613.1

budgets of the Township for down payment or capital improvement purposes. Pursuant to N.J.S.A. 40A:2-11(c) of the Local Bond Law, no down payment is required for the improvements or purposes set forth in Section 3(a)(iii) and (iv) hereof, as such projects are being funded by the DOT Grants, which are grants provided by the State of New Jersey. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet part of said $13,802,000 appropriation not provided for by said Down Payments and the Grants referred to in Section 1 hereof, negotiable bonds of the Township are hereby authorized to be issued in the aggregate principal amount of $11,584,343 pursuant to, and within the limitations prescribed by, the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in an aggregate principal amount not exceeding $11,584,343 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and purposes for the financing of which said obligations are to be issued include, but are not limited to, as follows: Description Appropriation Authorization Down Payment (i) Purchase and/or replacement of various equipment for the Fire Department, including, but not limited to, personal protective equipment, bail-out system and water fountains at various firehouses; $ 100,000 $ 95,150 $ 4,850 15 years (ii) Improvements and repairs to the entire lengths or portions of, as applicable, Valley Road from Kingsley Street to Northfield Avenue, and including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; $ 325,000 (including the $200,000 CDBG Grant) $ 119,000 $ 6,000 10 years #14778613.1 Useful Life

Description Appropriation Authorization Down Payment (iii) Improvements and repairs to the entire lengths or portions of, as applicable, Walker Road from Gregory Avenue to South Valley Road, South Valley Road from Walker Road to Township line, and Rooney Circle, and including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; $ 1,200,000 (including the $1,000,000 DOT Grant) $ 200,000 $ 0 10 years (iv) Improvements and repairs to the entire lengths or portions of, as applicable, Morris Road, Sussex Road and Hunterdon Road, and including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; $ 2,000,000 (including the $517,907 DOT Grant) $ 1,482,093 $ 0 10 years Useful Life (v) Sanitary sewer Improvements and repairs to the entire length or portion of, Harvard Terrace; $ 400,000 $ 380,500 $ 19,500 20 years (vi) Main Street streetscape project to various crosswalks and sidewalks along Main Street, Washington Street, Harrison Avenue, Valley Road, Northfield Avenue, Lindsley Avenue, Mount Pleasant Avenue, Lakeside Avenue, Charles Street, Torey Corner Business District, Franklin Avenue, and Llewellyn Avenue; $ 1,000,000 $ 952,200 $ 47,800 10 years (vii) Township-wide pavement study and core sampling; $ 500,000 $ 476,000 $ 24,000 5 years (viii) Storm sewer and sanitary sewer assessment and asset management plan, including, but not limited to, mapping, GIS, condition and capacity study; $ 1,000,000 $ 952,000 $ 48,000 5 years (ix) Interior renovations and improvements to Fire Station #4; $ 1,000,000 $ 952,200 $ 47,800 15 years (x) Improvements and repairs to Lando Parking Lot and Wheatland Avenue parking area, including, but not limited to, milling, paving, striping, signage, new curbs, base repair and driveway aprons; $ 350,000 $ 333,200 $ 16,800 10 years (xi) Reconstruction, drainage improvements and widening of Beverly Road and Carter Road; $ 450,000 $ 428,500 $ 21,500 10 years #14778613.1

Description Appropriation Authorization Down Payment (xii) Purchase of shade trees for various locations within the Township; $ 200,000 $ 190,400 $ 9,600 10 years (xiii) Purchase and installation of signs, striping and LED high visibility lights to various roads within the Township; $ 325,000 $ 309,400 $ 15,600 7 years (xiv) Upgrade computers and software for the Engineering Department; $ 25,000 $ 23,800 $ 1,200 7 years (xv) Miscellaneous drainage improvements to various locations within the Township; $ 125,000 $ 119,000 $ 6,000 20 years (xvi) Purchase of mapping software for the Engineering Department; $ 10,000 $ 9,500 $ 500 7 years (xvii)Dredging of Township; the $ 300,000 $ 285,500 $ 14,500 10 years (xviii)Purchase of a mobile surveillance camera system, automated license plate readers and trailers for the Police, IT and Office of Emergency Management Departments; $ 200,000 $ 190,400 $ 9,600 7 years (xix) Purchase of unmarked and marked vehicles for the Police Department; $ 470,000 $ 447,400 $ 22,600 5 years (xx) Purchase of traffic sign machine, portable radios, 911 system, patrol riffles with optics and lights, printers and the upgrade of computers and software for the Police Department; $ 192,000 $ 182,600 $ 9,400 7 years (xxi) Interior upgrades to the property evidence consulting room at the Police Building; $ 25,000 $ 23,800 $ 1,200 10 years (xxii)Purchase of a printer, scanner, copier and fax machine for the Health Department; $ 10,000 $ 9,500 $ 500 7 years (xxiii)Purchase of an Animal Control van and sport utility vehicles for the Health Department; $ 225,000 $ 214,200 $ 10,800 5 years (xxiv)Interior and exterior improvements and building and grounds improvements to various Municipal-owned buildings; $ 1,200,000 $ 1,142,400 $ 57,600 15 years (xxiv)Purchase of computers and software for the IT Department; $ 350,000 $ 333,200 $ 16,800 7 years (xxvi)Repairs $ 370,000 $ 352,200 $ 17,800 5 years #14778613.1 to Vincent’s DPW Pond vehicles in and the Useful Life

Appropriation Authorization Down Payment Useful Life (xxvii)Playground improvements at Colgate, O’Connor and Jenkins kiddie parks; and $ 1,225,000 $ 1,166,200 $ 58,800 15 years (xxviii)Section 20 Expenses. $ $ 214,000 $ 11,000 $11,584,343 $ 499,750 Description purchase of senior and jitney buses; TOTALS: (b) 225,000 $13,802,000 The improvements and purposes set forth in Section 3(a) above shall also include, as applicable, all engineering and design work, surveying, construction management services, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, environmental testing and remediation, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. (c) The estimated maximum amount of bonds or notes to be issued by the Township for said improvements and purposes is $11,584,343. (d) The estimated cost of said improvements and purposes to the Township is $13,802,000, the excess amount thereof over the estimated maximum amount of bonds or notes to be issued therefor are the Down Payments in the amount of $499,750 now available for said improvements and purposes from the Township’s Capital Improvement Fund and the Grants. SECTION 4. Except for the Grants, in the event the United States of America, the State of New Jersey, and/or the County of Essex make a contribution or grant in aid to the Township for the improvements and purposes authorized hereby and the same shall be received by the Township prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by #14778613.1

the amount so received from the United States of America, the State of New Jersey, and/or the County of Essex. Except for the Grants, in the event that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Essex shall be received by the Township after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the Township as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Township (the “Chief Financial Officer”), provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of N.J.S.A. § 40A:2-8.1 of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. #14778613.1 Such report must include the principal amount, the