[HISTORY: Adopted by the Borough Council of the Borough of Milton 1-15-1957 as Ch. VII, Part 4, of the 1957 Code of Ordinances. Amendments noted where applicable.]
Editor's Note: Original Section 7 of the ordinance which is the source of this legislation provided that this legislation was not to be in force until the American Telegraph and Telephone Company of Pennsylvania filed its approval and acceptance thereof with the Borough Council.
Permission be and is hereby granted to the American Telegraph and Telephone Company of Pennsylvania, its successors and assigns to erect, operate and maintain lines of telegraph and telephone, including the necessary poles, wires and fixtures upon, along and over the following named streets and alleys of said borough, as follows:
Entering the borough at the southeasterly limits on Sodom Road, thence northwardly along said road, over that part of said borough known as "Shakespere" to Danville Road, thence along said road crossing the east end of Mahoning Street to Lower Market Street, thence along the last named street to an alley running east and west between Lower Market Street and Mahoning Street, thence along said alley to an alley running north and south between Front Street and Garfield Avenue, thence northwardly along said last named alley and across Mahoning Street to Elm Street, thence northwardly along said Elm Street to Broadway, thence across Broadway to an alley running north and south between Front Street and Arch Street and between North Front Street and Lincoln Street, thence along said alley northwardly to Fifth Street, thence westwardly along Fifth Street to North Front Street, thence northwardly along North Front Street to the north borough line on Watsontown Road, with the privilege of using such other streets and alleys as may be necessary to connect said line with said companies, office and subscribers in said borough; subject, however, to the terms and conditions hereinafter mentioned, and subject to such other reasonable regulations and ordinances as may hereafter by the Borough Council be made and enacted.
Said company or its successors or assigns shall immediately repair any damage or injury that may be done or caused to pavements, watercourses, streets or alleys of said borough in the erection or maintenance of its said poles and wires as before permitted and shall at all times keep the same in good repair, and whenever, in the opinion of the Borough Council, public or private improvements shall require the removing and replacing of such poles, said company or its successors or assigns shall remove and replace the same as by the Borough Council shall be directed, and upon failure so to do, upon notice to said company or its successors or assigns or any of its officers, managers, superintendents or agents, the Street Commissioner of said borough shall have power to perform such work at the expense of said company, to be collected as debts of like amount are now by law recoverable.
All poles erected under this ordinance shall be reasonably straight and as neat in appearance as may be and wherever located on streets or avenues shall be neatly painted and shall in all cases be located under the supervision and direction of such committee as the Borough Council of said borough may appoint.
Said company or its successors or assigns shall be liable for all danger caused to public or private property by reason of the construction, maintenance, use or operation of any of its lines or poles or by reason of any privilege granted by the Borough Council, and nothing in this ordinance contained shall be construed in any manner to affect the rights of individuals and others as to damages by reason of the location, construction, maintenance and operation of any of its lines or poles in this ordinance, mentioned or referred to, and said company, its successors or assigns shall keep the same in good order and safe condition and save said Mayor and Borough Council of the Borough of Milton harmless from all responsibility and liability whatsoever by reason of the location, construction, maintenance or operation of any of its lines or poles aforesaid.
The Borough of Milton shall have the right and privilege of placing upon poles, wires for its fire alarm and police purposes.
All expenses, costs and charges that shall or may be incurred by the Mayor and Borough Council of the Borough of Milton, in the passage of, or by reason of the necessary services of all officers, agents and employees thereof, under the provisions of this ordinance, shall be paid by said American Telegraph and Telephone Company, its successors or assigns.
Editor's Note: Original Section 6 of the ordinance which is the source of this legislation provided that this legislation was to be null and void unless the Bell Telephone Company of Pennsylvania, within 60 days of the date of final enactment of this legislation, signified, in writing, its acceptance of all the terms, conditions and restrictions in this legislation. Original Section 7 provided that upon the acceptance of this legislation and approval of the same by the Public Service Commission of Pennsylvania, all conflicting ordinances and parts of ordinances were to be repealed insofar as they affect this legislation. Original Section 9 required that the Bell Telephone Company of Pennsylvania pay all legal advertising or printing fees incurred by the borough in connection with the passage of this legislation.
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, under and through, the streets, alleys and highways within the limits of the Borough of Milton, County of Northumberland, 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.
The erection of poles and construction of conduits under the provisions of this ordinance 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 ordinance 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 that 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 ordinance 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 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 ordinance shall be construed to grant unto the company any exclusive right, or to prevent a grant of similar privileges to other companies.
It is hereby understood and agreed that neither the purpose nor interest, nor the obligation of this ordinance, if and when approved by the Public Service Commission of the Commonwealth of Pennsylvania, is such as to impair or in any way affect the exercise by said Commission of any of the powers vested in it by the Public Service Law, approved July 26, 1913.
Editor's Note: See now 66 Pa.C.S.A. § 1501 et seq.