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Borough of Malvern, PA
Chester County
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New Laws (8) Index
[HISTORY: Adopted by the Borough Council of the Borough of Malvern 5-6-1919[1] (Part 4, Ch. 2, of the 1975 Code of Ordinances). Amendments noted where applicable.]
[1]
Editor's Note: Sections 6, 7, 8 and 9 of the ordinance of May 6, 1919, are not codified herein in that they deal with historical matters that have been effectuated, such as advertising, acceptance, approval of Public Service Commission, etc.
Permission is hereby granted to The Bell Telephone Company of Pennsylvania, its successors its posts, poles, cables, wires and all other necessary overhead apparatus on, over and along, and its conduits, ducts, mains, pipes, cables, wires, manholes, terminals 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 and to use the property of other companies and to permit other companies that possesses authority to operate within the Borough to use its property upon such arrangements as the two companies may agree upon; provided:
A. 
That all poles erected by the 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, the 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.
B. 
That the erection of poles and construction of conduits under the provisions of this chapter shall be subject to the supervision of the chairman of the Street Committee, and the 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.
C. 
That space on the poles erected and in the conduits constructed under the provisions of this chapter 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 Borough; provided the said wires are placed and maintained in such manner as may be prescribed by the Company and that no use shall be made of such space which will result in interference with or impairing the operation or use of the company's property or service, or will endanger its property or employees.
D. 
That the 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 chapter in good and safe order and condition and shall at all times fully indemnify, protect and save harmless the Borough from and against all actions, claims, suits, damage 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 apparatus in good and safe order and condition.
E. 
That nothing in this chapter shall be construed to grant unto the company any exclusive right or to prevent a grant of similar privileges to other companies.