[HISTORY: Adopted by the Borough Council of the Borough of Kane 12-6-1982
by Ord. No. A-822 as Ch. 8, Part 1, of the 1982 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch. A255.
Borough of Kane (hereinafter called "borough") hereby grants to West
Penn Power Company (hereinafter called "company"), its successors, lessees
and assigns, the right and privilege to erect, construct, maintain and operate
in, upon and under the streets, alleys, lanes, ways and public places in the
borough, poles, guys, wires, transformers and any and all other apparatus
and materials necessary, needful, useful and convenient in the transmission
and distribution of electricity in and through the borough, for the purpose
of supplying light, heat, power, or any of them, and for such other purposes
as electricity is now or may hereafter be used, to such persons, partnerships
or corporations as may desire the same, and to renew, relocate, alter and
repair these facilities when necessary.
Such poles, guys, wires, transformers and other apparatus and materials
hereinbefore provided for shall be erected so as to interfere as little as
possible with the ordinary and customary use of the streets, roads, alleys
and other public places of the borough; provided that the location of the
poles shall be subject to the regulations of the Borough Council. If, however,
any poles or fixtures so erected on the streets, roads, alleys and other public
places of the borough are found to interfere with public improvements, the
company shall, upon being notified by the borough, remove and relocate at
its own expense such poles or fixtures from the objectionable place to a more
suitable location on the streets, roads, alleys or other public places. Provided,
further, that the company shall repair and replace, in the same condition
as existed before said work was done, all streets, roads, alleys or other
public places or parts thereof damaged or torn up in the exercise of the privilege
granted by this chapter. Upon the failure of the company to make such repairs
the borough may, on or after 10 days' written notice served on the company
at its principal office, Cabin Hill, Greensburg, Pennsylvania, make said repairs
and collect the cost thereof from the company by appropriate legal proceedings.
All poles used in such work shall be good straight poles, carefully
selected with reference to size, strength and appearance. All wires, feed
wires and cables for the said system shall be suspended from the poles in
accordance with good engineering practice and at a point as near the top thereof
as practicable; and all wires, cables, poles, stubs and anchors shall be located
in a manner satisfactory to the borough, along and over the curblines as near
as practicable.
The borough shall have the right to attach its fixtures to the poles
of the company and to place thereon the wires and equipment for the borough
fire alarm system, police signal system and traffic control system at points
on said poles designated by the company. The borough shall indemnify and save
harmless the company from any loss, cost, damage, claim or liability resulting
from or caused by the occupation of said poles by the aforesaid systems, or
by reason of the operation or non-operation of the same.
The company shall pay to the borough an annual inspection fee of $0.50
for each pole maintained during the year on the streets and other public places
of the borough.
In the exercise of any privilege granted by this chapter, no tree, bush,
shrub or other vegetation growing on private premises, but overhanging the
streets, alleys, lanes, ways and other public places of the borough shall
be removed, cut, trimmed or pruned by the company unless prior thereto permission
of the owner or person in charge or possession thereof shall have been obtained.
Any removing, cutting, trimming or pruning of tree, bushes, shrubs or other
vegetation growing in, on, upon or along the streets, alleys, lanes, ways
and other public places of the borough shall not be done until local newspaper
and radio notice of such intent has first been given identifying by the name
of the contractor engaged by the company to do such removing, cutting, trimming
or pruning of tree, bushes, shrubs or other vegetation. Notice of such intent
shall also include the name of the company in addition to the name of the
contractor engaged to complete such work. Prior notice of such intent shall
first be given to the Borough Manager by a representative of the company and
any expense resulting from such newspaper and radio notice shall be the sole
cost of the company. All removing, cutting, trimming or pruning of tree, bushes,
shrubs or other vegetation shall be done in accordance with the best practices
for such work and subject to the final approval of the Borough Manager.
The right, privilege and franchise hereby granted to the company shall
not be deemed to be exclusive nor construed or interpreted to deprive the
borough of the right to grant a similar franchise or similar rights and privileges
to any other person, firm, company, corporation or association.
The company, its successors and assigns, shall protect, indemnify and
save harmless the borough of, from and against all suits, demands, actions,
claims, costs, expenses, liability, injury, verdicts, judgments, loss or damage
caused by or arising out of or in any manner incident to the erection, construction,
maintenance or operation of the aforesaid facilities of the company.
This chapter and the franchise, right and privilege hereby granted shall
not be assigned, transferred, sold or conveyed to any other person, firm,
company, corporation or association without written consent of the borough.
The company shall file with the Borough Secretary a duly executed acceptance
of the terms and provisions of this chapter within 30 days after its enactment.
This chapter shall take effect at the expiration of 30 days from the
date when a copy thereof shall be filed in the office of the Secretary of
the Pennsylvania Public Utility Commission; provided that if said Commission
shall, prior to the expiration of such period, institute a proceeding affecting
its validity under the provisions of Section 911, Article IX of the Public
Utility Law,[1] this chapter shall become effective only upon the approval thereof
by the said Commission.
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
The company shall pay the costs of publishing and advertising this chapter
and of filing it with the Pennsylvania Public Utility Commission as provided
by law.
