[Adopted 9-14-1953 by Ord.
No. 24]
Permission be and is hereby granted to the Bell Telephone Company of
Pennsylvania, its successors and assigns, to construct, maintain and operate
its posts, poles, cables, wires and all other necessary overhead apparatus
on, over and along, and its conduits, ducts, mains, pipes, cables, wires,
manholes, terminal and distributing poles, and all other necessary underground
appliances on, in, under and through the streets, alleys and highways within
the present or future limits of the Borough of Chester Heights, County of
Delaware, State of Pennsylvania; to use the property of other companies and
to permit other companies that possess authority to operate within the limits
of said Borough to use its property, upon such arrangements as the two companies
may agree to, provided the following.
All poles erected by said company shall extend not less than 20 feet
above the surface of the ground and shall be so located as in no way to interfere
with the safety or convenience of persons traveling on or over said streets,
alleys and highways, and in the installation and maintenance of its underground
system, said company shall not open or encumber more of any street, alley
of highway than will be necessary to enable it to perform the work with proper
economy and efficiency.
Whenever said company shall desire to erect, lay down or construct any
poles, conduits or manholes it shall present a plan or plans showing the location,
number and size thereof to the Chairman of the Street Committee, who is hereby
authorized and empowered for and on behalf of Council, to approve or disapprove
as to location, which plan or plans, or copy thereof, with approval endorsed
thereon, shall be filed with the Secretary of Council before any work shown
thereon is started. In case said Chairman disapproves any plan or plans, he
shall designate thereon, by the use of appropriate words or marks, or both,
some other location suitable for the purpose of said company.
Space on the poles erected and in the conduit constructed under the
provisions of this article 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 Borough, provided said wires are placed and maintained in such a manner
as may be prescribed by said company and that no use shall be made of such
space by said Borough which will result in interfering with or impairing the
operation or use of said company's property or service or will endanger its
property or employees.
Said company shall maintain all posts, poles, cables, wires, conduits,
ducts, mains, pipes, manholes and all other apparatus erected or constructed
under the provisions of this article, in good and safe order and condition,
and shall at all times fully indemnify, protect and save harmless said Borough
from and against all actions, claims, suits, damages and charges, and against
all loss, and necessary expenditure arising from the erection, construction
and maintenance of its system or from its neglect or failure to maintain said
apparatus in good and safe order and condition.
Nothing in this article shall be construed to grant unto said company
any exclusive right, or to prevent a grant of similar privileges to other
companies.
Said company shall be governed by all legal ordinances of a general
nature affecting its operations in said Borough of Chester Heights that are
now in force and enacted under and by virtue of the police powers of said
Borough or the laws of the state, as well as all such ordinances hereafter
so enacted, provided the terms, conditions and regulations prescribed therein
do not impair or abridge the permission contained in this article.
This article shall take effect at the expiration of 30 days from the
date when a copy shall have been filed in the office of the Secretary of the
Pennsylvania Public Utility Commission; provided that if the Commission shall,
prior to the expiration of such period, institute a proceeding under the provisions
of Section 911 of the Public Utility Law affecting its validity, this article
shall become effective only upon approval by said Commission.
Said company, shall, under its seal and by its proper officers, within
60 days from the date of the final enactment of this article, signify in writing
its acceptance of all the terms, conditions, regulations and restrictions
herein contained, in default of which this article shall become null and void
and of no effect.
All legal advertising or printing fees incurred by the Borough of Chester
Heights, County of Delaware, State of Pennsylvania, in connection with the
passage of this article, shall be paid by said company.
