[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.]
[1]
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:
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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.
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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.
[1]
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.[1]
[1]
Editor's Note: See now 66 Pa.C.S.A. § 1501 et seq.
