[Adopted as Secs. 9:01 through 9:03 of Ch. IX of the 1975 Municipal
Code]
Permission is hereby granted to successors and assigns of the Inter-State
Telephone Company to construct, erect, operate and maintain a telephone system,
including poles and overhead wires over and upon the streets and highways
of the City of Salem, under and subject, however, to the terms and conditions
hereinafter named; and that the Inter-State Telephone Company shall have the
privilege of entering upon Broadway Street in said city between the Union
Fire Engine House and Browns Avenue to lay and maintain underground conduits
and fixtures for its wires, cables, etc., provided that the Inter-State Telephone
Company shall replace and properly relay the pavement, curbing or sidewalk
which may be removed by them in the construction of the underground work to
the satisfaction of the Street Commissioner; and provided, further, that said
Inter-State Telephone Company shall furnish to the City of Salem, a bond in
the sum of $2,000, with surety to be approved by the Mayor, for the faithful
performance of the requirements herein named.
As used in this chapter, the following terms shall have the meanings
indicated:
The Inter-State Telephone Company, its successors and assigns.
The location of all poles shall be subject to the approval of the Street
Commissioners of the Highway Committee appointed by the Mayor and Common Council
of the city aforesaid, and wherever practicable, pole lines of the company
shall be constructed upon the alleys and less frequented highways. All poles
shall be straight and smooth and shall be painted and kept painted six feet
from the surface of the ground by said company, and each pole shall be indicated
by having the initials of the corporate name of the aforesaid company placed
thereon. Wherever the poles are erected, said company shall replace the material
excavated and relay all bricks, flag or other pavement so removed, under the
direction of the Street Commissioners, so that the same shall be in the same
good condition as before they were disturbed, and the aforesaid company shall
so place their poles as to be of the least obstruction to public travel.
Nothing in this ordinance shall effect the rights and privileges now
granted or which may hereafter be granted by the Mayor and Common Council
aforesaid to other companies to use said streets for any purpose whatever,
and in the construction of their telephone line, said company shall use the
most approved means to prevent the construction of their said telephone line
from in any manner interfering with the operation of the lines and wires of
any other company having the right to use the streets of said city. Said company
shall build and operate its line within the City of Salem within one year
from the date of the final passage of this ordinance, and upon failure to
do so, then this ordinance shall be null and void, and any part of the line
which may be in course of construction shall be removed from the city by said
company.
The Mayor and Common Council aforesaid shall have the right to use one
line on the poles of said company for the purpose of stringing wires for fire
alarm or any other electrical purposes which may not interfere with the satisfactory
operation of the telephone system, for the sole use of said city, the Council
to be the judge of such interference.
Said company shall at all times hereafter indemnify and harmless the
Mayor and Common Council aforesaid of and from all and every claim for damages
of any kind whatsoever which may arise from the construction, maintenance
and operation of said telephone lines.
If at any time said company shall abandon its line or cease to operate
the same for a period of 90 days, then this ordinance, and all the rights
and privileges herein granted, shall cease and become null and void and said
company shall remove all the wires, poles, etc., from said streets and leave
the same in the same good condition as they were in before the commencement
of the construction of said telephone lines, and in case said company shall
not remove their poles, wires, etc., from said streets after this ordinance
shall have been declared null and void by said Mayor and Common Council for
the reasons aforesaid, then and in that case, the Mayor and Common Council
shall have the right to remove or cause to be removed said poles, wires, etc.,
and put said streets in good condition and recover the costs of the same in
an action of law against said company.
Permission be and is hereby granted to the Delaware and Atlantic Telegraph
and Telephone Company, its successors and assigns to erect, construct, lay
and maintain all necessary terminal and distributing poles, conduits, manholes
and other fixtures and appliances, for its telegraph and telephone lines in,
upon, along, over and under each and every of the public roads, streets, alleys
and highways of the City of Salem, County of Salem and State of New Jersey,
for the conduct of its business, subject to the following conditions:
A.
That whenever said company shall desire to erect, lay
down or construct any terminal or distributing poles, conduits or manholes,
it shall present a plan or plans showing the locations, number and size thereof
to the Common Council of said city, for approval or disapproval, which plan
or plans or copy thereof, with approval endorsed thereon, shall be filed forthwith
with the Recorder of said city. In case said Common Council disapproves any
plan or plans as to the location of any poles, conduits or manholes, they
shall designate some other location suitable for the purposes of said Company.
B.
That the construction of conduits under the provisions
of this ordinance shall be subject to the supervision of the Street Commissioner
of the City of Salem, and said company shall, at its own separate cost and
expense and under the direction and supervision of the Street Commissioner
replace and properly relay that portion of any and all sidewalks and street
pavements which may have been displaced, damaged or otherwise injured by it,
at all times hereafter in the construction, maintenance or repair of its system
of underground conduits, and said company shall be liable to the City of Salem
for all damages to that portion of any sidewalk and street pavements which
may have been so displaced, damaged or otherwise injured by it, and which,
by written report of the Street Commissioner, has not been replaced and properly
re-laid in a manner or with the proper material satisfactory to said Street
Commissioner, and it is expressly stipulated that, in replacing that portion
of any of the block pavement on Broadway and Market Streets taken up in the
construction of such conduits, a concrete foundation on four inches in thickness
shall be laid under the blocks so repaired.
C.
Said company shall maintain all terminal and distributing
poles, cables, wire, conduits, manholes and other apparatus erected or constructed
under the provisions of this ordinance in good and safe order and condition
and shall at all times fully indemnify, protect and save harmless the City
of Salem from and against all actions, claims, suits, damages and charges
and against all loss and necessary expenditures arising from the erection,
construction and maintenance of its systems or from its neglect or failure
to maintain said apparatus in good and safe order and condition.
Space in the conduits constructed under the provisions of this ordinance
may be used, free of charge, for the purpose of carrying wires of any fire
alarm or police telegraph system owned and maintained by said city, provided
that said wires are placed and maintained in such a manner as may be prescribed
by said company and in no case used to carry high-tension currents.
Nothing in this ordinance shall be construed as a grant of an exclusive
right of said company to use the streets, lanes and alleys of the City of
Salem for underground conduit purposes, and said city hereby expressly reserves
unto any other company or corporation a grant of like privileges.
The consent and privileges hereby granted shall continue for a term
of 50 years from the time this ordinance is approved by the Board of Public
Utility Commissioners of New Jersey in accordance with the statute in such
case made and provided.
