[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-12-1916 by Ord. No. 13 (Part 4, Ch. 4, Art. A,
of the 1994 Code of Ordinances)]
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 appliances 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 Paxtang in the County of Dauphin and State of Pennsylvania; and
to use the property of other companies and to permit other companies
that possess authority to operate within the said Borough to use its
property upon such arrangements as the companies may agree.
All poles erected by said Company shall not be 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 the 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 the poles and construction of conduits under
the provisions of this ordinance shall be subject to the supervision
of the Chairman of the Highway Committee, and said Company shall at
its own expense replace and properly re-lay that portion of any sidewalk
or street which may have been opened, displaced or damaged by it in
the construction and maintenance of its system; and should any defects
in the street repair work develop during a period of one year from
the date of the completion of such work, and be due to improper or
imperfect repairs, then and in such an event the said Company shall,
upon receipt of a written notice from the Chairman of the Highway
Committee, make such further repairs as may be necessary by and at
its own expense.
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 now or hereafter owned and maintained by said Borough, provided
the said wires are placed and maintained in such a manner as may be
prescribed by the said Company and in no case used to carry high-tension
currents.
The said Company shall maintain all posts, poles, wires, conduits,
ducts, mains, pipes, cables, 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 the 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 the said
apparatus in good and safe order and condition.
The said Borough shall, within a reasonable time after the date
of approval of Ordinance No. 13 by the Public Service Commission of
the Commonwealth of Pennsylvania, install, free of charge, one telephone
in the office of the Borough Secretary and shall, from time to time
as the said Borough establishes fire engine houses, install, free
of charge, upon receipt of notice in writing from the Borough Secretary,
one telephone in each of such houses, and also furnish free service
from all telephones installed under this section for the transaction
of municipal business only to all of its subscribers' stations
in the area within which local service is from time to time furnished
at standard rates to its subscribers in the said Borough, and the
said Company shall move, free of charge, the telephone installed in
the office of the Borough Secretary to the office of his successor
from time to time, provided the location is not more than 300 feet
from the Company's then existing pole or conduit lines; and,
provided, also, would the Council Chamber be removed from the School
House to a building in which a Fire Company is located, then and in
such event the telephone herein provided to be installed and maintained
in the office of the Borough Secretary may, at the option of the said
Company, be disconnected and removed. The said Borough shall pay unto
the said Company for all telephone service furnished to it outside
the area within which free service is to be allowed under this section.
Nothing in this ordinance shall be construed to grant unto the
said Company any exclusive right or to prevent a grant of similar
privileges to other companies.
The said Company shall, under its seal and by its proper officers,
within 60 days from the date of the final enactment of Ordinance No.
13, signify its acceptance of all the terms, conditions, regulations
and restrictions in that ordinance contained; in default of which,
the ordinance shall become null and void and of no effect.
It is hereby understood and agreed that neither the purpose
nor intent nor the obligation of this ordinance if and when this ordinance,
approved by the Public Service Commission of the Commonwealth of Pennsylvania,
is such as to impair or in any wise effect the exercise by said Commission
of any of the powers vested in it by the Public Service Company Law,
approved July 26, 1913.
[1]
Editor's Note: The Public Service Commission was supplanted
by the Public Utility Commission under the Act of 1937 P.L. 160, and
the Public Service Company Law was repealed and superseded by the
Public Utility Law (1937, P.L. 1053, Section 1502); the latter was
superseded by the Public Utility Code of 1978, P.L. 598, No. 489.
All legal advertising or printing fees incurred by the Borough
of Paxtang, in the County of Dauphin and State of Pennsylvania, in
connection with the passage of this ordinance shall be paid by the
said Company.
[Adopted 8-30-1928 by Ord. No. 76 (Part 4, Ch. 4, Art. B,
of the 1994 Code of Ordinances)]
Permission be and is hereby granted to the American Telegraph
and Telephone Company of Pennsylvania, its lessees, licensees, successors
and assigns, to construct, operate and maintain its conduits, ducts,
cables, wires and manholes and all other necessary underground appliances
on, in, under, along and across certain streets and highways of the
said Borough, more particularly described as follows:
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Beginning at a point on the northern line of Sharon Street at
the eastern line of the Borough; thence westwardly along the northern
line of Sharon Street its several courses and distances until the
end of the street at the western line of Kelso Street; to the property
of the City of Harrisburg lying in the Borough of Paxtang.
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The construction of the conduits and manholes under the provisions
of this ordinance shall be subject to the supervision of the Highway
Committee of the said Borough and that the Company will replace and
properly re-lay, under the supervision of said Committee, any portion
of the highway which may be displaced or damaged by it in the construction
or maintenance of its work.
The Company will locate the manholes according to the plan thereof
filed with the Secretary of Council. Should any deviation from this
plan become necessary, it can be varied only with the approval of
the Highway Committee, who first had it in writing.
The Company shall be subject to all the ordinances, rules and
regulations now in force or which may be hereafter passed relative
to the use of public streets and highways of the said Borough.
Nothing contained in this ordinance shall be construed to grant to the said Company an exclusive franchise, and the Borough reserves the right to grant a like consent to any other company, person or persons for like purposes. The provisions of this ordinance apply only to the location recited in § A440-11.
The Company shall hold the Borough free and harmless from all
damages and claims for damages arising by reason of the construction
or negligent maintenance of said underground works.
All legal advertising or printing fees incurred by the Borough
in connection with the passage of this ordinance shall be paid by
the Company.
The said Company shall, under its seal by its proper officers,
within 60 days from the final enactment of Ordinance No. 76, signify
in writing its acceptance of all the terms, conditions and regulations
contained in that ordinance, in default of which this action shall
become null and void and of no effect.
