[HISTORY: Adopted by the Board of Commissioners of the Township of
Abington 11-12-1936 by Ord. No. 389. Amendments
noted where applicable.]
Permission 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,
in, under and through, the streets, alleys and highways within the present
or future limits of the Township of Abington, County of Montgomery, State
of Pennsylvania; and to use the property of other companies and to permit
other companies that possess authority to operate within the said township
to use its property, upon such arrangement as the two companies may agree
to.
Whenever said company shall desire to erect, lay down or construct any
poles, conduits or manholes, it shall present a plan or plans showing the
location, number and size thereof to the Township Engineer, who is hereby
authorized and empowered for and on behalf of the Board of Township Commissioners
to approve or disapprove as to location, which plan or plans or copy thereof,
with approval endorsed thereon, shall be filed with the Township Secretary
before any work shown thereon is started. In case the said Engineer disapproves
any plan or plans, the Engineer shall designate thereon, by the use of appropriate
words or marks, or both, some other location suitable for the purposes of
the said company.
The 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 the said
township 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.
Nothing in this ordinance contained shall be construed to grant unto
the said company any exclusive right or to prevent a grant of similar privileges
to other companies, nor to conflict with the powers and jurisdiction now or
hereafter vested by law in the State Highway Department or its successors
over township highways, or with any rules and regulations issued from time
to time by the said Department or its successors governing the use of such
highways by public-service corporations.
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 the said township, provided that said wires are placed and maintained in
such a manner as may be prescribed by the said company, and that no use shall
be made of such space by said township which will result in interfering with
or impairing the operation or use of the said company's property or service
or will endanger its property or employees.
The said company shall be governed by all legal ordinances of a general
nature affecting its operations in the Township of Abington that are now in
force and enacted under and by virtue of the police powers of the said township
or the laws of the state, as well as all such ordinances hereafter so enacted.
The said company shall, at the time of filing its acceptance of this
ordinance, also file its bond in the sum of $10,000, conditioned for the faithful
compliance with all and singular terms, conditions, regulations and restrictions
in this ordinance contained, and further conditioned for the faithful compliance
with all legal ordinances of a general nature affecting the company's
operation in the Township of Abington that are now in force and enacted under
and by virtue of the police powers of the said township, and the laws of the
state, as well as all such ordinances hereafter so enacted; and said bond
shall be accepted by the township as substantial compliance with the requirements
for all bonds in any general ordinance.
This ordinance shall become effective upon the execution by said company of an acceptance agreeing to all the terms and provisions hereof and upon the filing of the bond provided for in § A170-7 hereof.
