[HISTORY: Adopted by the City Council of the City of Lancaster as
Article 321 of the Codified Ordinances. Amendments noted where applicable.]
All telephone companies established under the provisions of this chapter shall be subject to the provisions of Chapter 279, Utilities. All telephone companies on April 1 of each year shall pay to the City Treasurer $500, as a total license tax which shall be exclusive of the annual license tax on poles. The Council reserves the right to increase the annual license tax of $500 at the expiration of 10 years from the time a franchise is granted under this chapter.
Previous to the erection of any telephone line or lines or doing business
by any telephone company, the assent of the Council shall be obtained by ordinance.
For the purpose of erecting, maintaining and operating telephone plants
in the city, the privilege is hereby granted to incorporated or chartered
telephone companies to occupy such of the public highways in the city, necessary
for the conducting of the telephone business with poles and wires, all of
such poles to be placed within the curbstone, and to replace such poles and
wires as often as may be necessary to keep the same in good, safe and serviceable
condition, provided that the location of such poles shall be done subject
to the supervision of the Council.
Iron poles, when a height of not over 30 feet is required, shall be used exclusively on North Queen Street, South Queen Street, East King Street and West King Street, within three squares of Center Square, and the same poles shall be used exclusively within the city limits where pavements are or hereafter may be made of concrete. The erection and maintenance by the telephone company or companies of all poles shall be under the direction and supervision of the Council, and no poles shall be placed on any street where it is possible to use alleys for the same line. The locating of any or all poles may be changed at any time the Council may direct, and the locating of any or all poles shall not be considered as permanent, but subject to change by the company or companies as directed by the Council. The company or companies shall procure a permit from the Mayor before placing, changing or removing any pole or poles within the city limits, and the company or companies placing, changing or removing any pole or poles within the limits of the city without first obtaining a permit therefor from the Mayor shall be subject to a fine or penalty as provided in § 271-10.
Any telephone company granted rights under this chapter shall begin
work within 30 days after the obtaining of the assent of the Council therefor,
and the system shall be completed and in active operation not later than six
months thereafter, and if not completed within the time named in this section,
then all rights and privileges granted by this chapter shall cease and be
of no effect.
At any time hereafter, if the Council deems it necessary, all telephone
companies established under the provisions of this chapter shall place their
wires underground on such portions of such streets as the Council may direct.
They shall then have the right to construct and maintain underground conduits,
with necessary manholes and distributing poles, the conduits, manholes and
distributing poles to be located by the Council and the method and plans for
the construction and erection thereof to be under its supervision and subject
to its approval. After the construction of such work, such company or companies
shall remove all poles, wires and lines in such localities as may be equipped
with the underground system, and provided further, that the company or companies
shall enter into a bond of $2,500 before commencing any underground work to
restore the streets and paving to original good condition.
All telephone companies established under the provisions of this chapter
shall agree to reserve and maintain for the use of the city the top crossarm
of their poles for the fire alarm and police patrol wires of the city.
All franchises or grants to telephone companies under this chapter shall
contain and be subject to the following conditions: "This franchise, right
or privilege to erect, maintain and establish a telephone line, plant or company
under the City of Lancaster is upon the express condition that the franchise
granted cannot be sold, assigned, leased or transferred to or the plant operated
by any other telephone company operating or doing business within the limits
of said city, and a violation of this condition shall operate as a forfeiture
of the franchise granted and make null and void all rights granted to said
company, its purchasers, assigns, lessees or transferees.
All telephone companies granted privileges under this chapter shall
not be considered as having conformed to this chapter until they shall, by
resolution of their Boards of Directors, accept the same and enter such acceptance
upon their minutes and file a duly verified copy thereof over their corporate
seal with the Mayor.
Whoever violates the provisions of § 271-4 by failing to obtain a permit shall be fined $25 for each and every pole so placed, changed or removed, such fine or penalty to be collected in the manner prescribed by law for the collection of debts and penalties of like amount, which sums so collected shall be paid to the City Treasurer.
