[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.
