[Adopted 8-17-1961, approved 8-17-1961[1]]
[1]
Editor's Note: This Article was adopted and
approved 8-17-1961 as part of Ord. No. C-1, which ordinance adopted
the prior codification of the Borough of Lititz.
Permission is granted to the Denver and Ephrata
Telephone and Telegraph Company, 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 limits of
the Borough of Lititz, County of Lancaster, Commonwealth of Pennsylvania,
to use the property of others and to permit others to use its property,
upon such arrangements as may be agreed to.
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
or highway than will be necessary to enable it to perform the work
with proper economy and efficiency; and in all permanently improved
streets, said company shall lay such conduits as it may desire at
the time of making such permanently improved streets. The erection
of poles and construction of conduits under the provisions of this
Article shall be subject to the supervision of the Chairman of the
Street Committee, and said company shall replace and properly relay
that portion of any sidewalk or street pavement which may have been
displaced or damaged by it in the construction and maintenance of
its system.
Space on the poles erected and in the conduits
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 or fire
company of the Borough of Lititz, provided that said wires are placed
and maintained in such a manner as may be prescribed by said company
and which will not result in interfering with or impairing the operation
or use of said company's property or service or will endanger its
property or employees.
The 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
actions, claims, suits, damages and charges and against all loss and
necessary expenditures 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.
The company shall be governed by all legal ordinances
of a general nature affecting its operations in the Borough of Lititz
that are now in force and enacted under and by the virtue of the police
powers of said borough or the laws of the commonwealth, as well as
such ordinances hereafter so enacted, provided that the terms, conditions
and regulations prescribed therein do not impair or abridge the permission
contained in this Article.
