[HISTORY: Adopted by the Borough Council of the Borough of Malvern 4-14-1914 (Part 4, Ch. 1, of the 1975 Code of Ordinances). Amendments noted where applicable.]
Permission is given to the Philadelphia Suburban Gas and Electric Company, of Pennsylvania, its lessees, successors and assigns, to erect poles, and to run wires on the same, over and upon the streets and alleys of the Borough, and to maintain the same for the purpose of supplying light, heat and power by means of electricity through or upon such wires, and the location of poles and wires as now used by the Company is hereby approved.[1]
[1]
Editor's Note: This franchise is now vested in the Philadelphia Electric Company.
All poles hereafter erected shall be located and all wires run under the direction and subject to the approval of the Street Committee of the Council.
No trees shall be mutilated or destroyed in erecting poles, or running wires, or in the maintenance thereof.
The Company and its employees in the construction, maintenance and operation of its lines shall not cut or trim, or in any manner disturb any tree or trees on any street or alley without first arranging for the same with the owner of said tree, and without first obtaining the consent of the Street Committee of the Borough.
No such tree shall be cut, trimmed or in any manner disturbed by the Company or its employees except under the Supervision of the Street Committee.
The Company shall not permit any handbills, posters or notices of any kind to be placed on its poles, and shall number each pole, and shall furnish to the Secretary of the Council the number and location of each pole.
The main wires of the Company shall be maintained at a height of at least 18 feet above the pavement, and all the wires at such a height as not to interfere, will the travel on the streets and alleys and pavements.
The Company shall, when requested by the Street Committee of the Council, change the location of any of its poles, and wires which may interfere with the improvements made by order of the Council of the Borough.
If the Company shall cease to use any of its poles, it shall forthwith remove the same, and upon failure to do so the Borough may remove the same and collect the costs therefor from the Company as other costs are now collected by municipalities.
A violation of any of the provisions of this chapter by the Company shall subject the Company to a penalty of $100 for each and every offense to be recovered as debts due the Borough are by law collected.
Any employee of the Company violating any of the provisions of this chapter shall be liable to a fine not exceeding $10 for each and every offense upon conviction thereof.
In consideration of the franchise hereby granted the Company for itself, its successors, lessees and assigns, the Philadelphia Suburban Gas and Electric Company agrees to furnish electricity to the Borough free of charge for the purpose of lighting its fire company house, council chamber and the remainder of the Borough buildings, except such parts of the buildings or fire house as are or may be rented or used for commercial purposes, and to pay the Borough annually on the first day of January a pole tax of $0.30 on every pole owned and located on the streets and alleys in the Borough, provided, however, that if said Borough shall charge other corporations a pole tax at a less rate, then the Company shall pay at the reduced rate per pole.[1]
[1]
Editor's Note: The pole tax is now designated the pole license fee.
If the Company, its successors, lessees or assigns shall cease for one week to furnish light, heat and power, as herein required, the Borough shall have the right to use the poles and wires of said Company in supplying light, heat and power to the Borough and its inhabitants until such time as the Company is prepared to furnish light, heat and power as required by this chapter.