Borough of Montgomery, PA
Lycoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of Montgomery Borough as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-26-1910 by Ord. No. 45 (Ch. VI, Part 3A, of the 1996 Code of Ordinances)]
The West Branch Bell Telephone Company, its successors and assigns, its or their agents, servants, and employees, are permitted to erect and maintain in the streets, lanes and alleys of the Borough of Montgomery, Pennsylvania, and over or under the same, a line or lines of poles and wires, with all such necessary and usual fixtures therefor as may be necessary for the successful prosecution and operation of a telephone or signal business by means of electricity.[2]
[1]
Editor's Note: This franchise is now vested in Bell Atlantic.
[2]
Editor's Note: Section 6 of this ordinance provided that the ordinance was to be void and of no effect unless the Company filed its written acceptance of the provisions of the ordinance with the Borough Secretary, before beginning the construction of its telephone lines. Section 8 required that the Company pay for advertising this ordinance.
The poles shall be reasonably straight and with the fixtures so to be erected shall be put in a safe and substantial manner, and shall be as neat in appearance as may be, shall be located by the Street Committee or the Street Commissioner under their direction, in such manner as not to obstruct said streets, lanes and alleys in their ordinary and customary use, and shall be erected, maintained and cared for at the cost and charge of said Company.
This grant is subject to the legal rights of any person, company or corporation now occupying or using the streets, lanes or alleys of the Borough of Montgomery under license from said Borough. The Borough of Montgomery reserves the right to tax said Company on its poles or otherwise as may be lawful.
Said Borough shall have the right to use poles, if desired, and without charge, for a fire alarm system, provided such fire alarm system does not injure the telephone service; and in addition thereto, the use free of charge for Borough and fire purposes within the free radius of one telephone to be placed in the Council Chamber of the Borough so long as said Company, or its successors, continue to do business in said Borough.
Said Company shall so erect said poles as not to interfere with or damage private property, and shall repair and make good all the damage and injury caused by it to the streets, lanes and alleys of said Borough.
Said Company shall so erect said poles that the first crossarm shall not be less than 30 feet from the ground and said crossarms shall not be more than eight feet in length.
[Adopted 2-3-1930 by Ord. No. 115; amended in its entirety 7-9-1936 by Ord. No. 134 (Ch. VI, Part 3B, of the 1996 Code of Ordinances)]
A. 
Permission be and is hereby granted to The Bell Telephone Company of Pennsylvania, its successors and assigns, to construct, maintain and operate its conduits, ducts, mains, pipes, cables, wires, manholes, and all other necessary underground appliances, on, in, under and through the following streets within the limits of the Borough of Montgomery, County of Lycoming, and State of Pennsylvania, to wit:
Second Street (commonly known as State Highway Route No. 240) from the bridge spanning the west branch of the Susquehanna River to Broad Street; Broad Street from Second Street to Main Street; Main Street from Broad Street to a point approximately fifty-four (54) feet west of the right-of-way of the Pennsylvania Railroad Company; Broad Street from Houston Avenue to a point approximately four hundred fifty (450) feet eastwardly therefrom; Houston Street from Broad Street to Kinsey Street (attach conduits for pipes to the girders of the Black Hole Creek bridge); Kinsey Street from Houston Avenue to the westerly Borough line; and to permit other companies that possess authority to operate within the limits of the said Borough to use its property, upon such arrangements as the two companies may agree to; provided: . . . .[2]
[2]
Editor's Note: Section 6 of this ordinance provided that, unless the Company, within 60 days from the date of final enactment of the ordinance, signified in writing its acceptance of all the terms, conditions, regulations and restrictions contained in the ordinance, the ordinance was to become null and void and of no effect. Section 7 provided that the Company was to pay all legal advertising and printing fees incurred by the Borough in connection with the passage of the ordinance.
B. 
Permission be and is hereby granted to The Bell Telephone Company of Pennsylvania, its successors and assigns, to construct, maintain and operate its conduits, ducts, mains, pipes, cables, wires, manholes, and all other necessary underground appliances, on, in, under and through that portion of Main Street between Broad Street and the southerly line or terminus of Main Street legally dedicated and accepted by the Borough as a public highway, within the limits of the Borough of Montgomery, County of Lycoming, State of Pennsylvania, provided: . . . .
[1]
Editor's Note: This franchise is now vested in Bell Atlantic.
The installation and maintenance of its underground works, said Company shall not open or encumber more of any street than will be necessary to enable it to perform the work with proper economy and efficiency.
The construction of conduits and manholes, under the provisions of this ordinance,[1] shall be subject to the supervision of the Street Committee and said Company shall replace and properly relay within a reasonable time that portion of said street pavement which may have been displaced or damaged by it in the construction and maintenance of its underground works, and for a period of five years from the date upon which the excavations are filled and repaving work completed by the said Company, it shall correct any defect in the paving work done over such excavations provided notice in writing is given to it as to the need of such repairs and the location thereof.
[1]
Editor's Note: This franchise is now vested in Bell Atlantic.
The said Company shall maintain all conduits, ducts, mains, pipes, cables, wires, manholes and all other apparatus and appliances 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 loss and necessary expenditures arising from the construction and maintenance of its works or from its neglect or failure to maintain the said works in good and safe order and condition.
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 be governed by all legal ordinances of a general nature affecting its operations in the Borough of Montgomery that are now in force and enacted under and by virtue of the police powers of the said Borough, or the laws of the State, as well as all such ordinances hereafter so enacted, provided the terms, conditions and regulations prescribed therein do not impair or abridge the permission contained in this ordinance.