[Adopted 8-17-1961, approved 8-17-1961[1]]
[1]
Editor's Note: This Article was adopted and
approved 8-17-1961 as part of Ord. No. C-1, which ordinance adopted
the prior codification of the Borough of Lititz.
Permission is granted to the Bell Telephone
Company of Pennsylvania, its successors and assigns to construct,
maintain and operate such underground facilities, consisting of conduits,
ducts, mains, pipes, cables, wires, manholes and other necessary appliances,
on, in, under, across, through and along the streets, alleys and highways
within the present or future limits of the Borough of Lititz, County
of Lancaster, Commonwealth of Pennsylvania, as it may require in connection
with its aerial system, and to use the underground facilities of other
companies and to permit other companies that possess authority to
operate within the borough to use its underground facilities upon
such arrangements as the two companies may agree to.
The construction of conduits and manholes under
the provisions of this article shall be subject to the supervision
of the Chairman of the Street Committee, and said company shall replace
and properly relay that portion of any sidewalk or street pavement
which may have been displaced by it in the construction and maintenance
of its underground facilities; 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.
Space on the poles or in the conduits constructed
under the provisions of this article may be used, free of charge,
for the purpose of carrying wires of any fire alarm or police telegraph
system owned and maintained by said Borough, provided that said wires
are placed and maintained in such a manner as may be prescribed by
said company and that no use shall be made of such space by said Borough
which will result in interfering with or impairing the operating or
use of said company's property or service or will endanger its property
or employees.
The company shall maintain all conduits, ducts,
mains, pipes, cables, wires, manholes and all other apparatus constructed
under the provisions of this article in good and safe order and condition
and shall at all times fully indemnify, protect and save harmless
said Borough from and against all actions, claims, suits, damages
and charges and against all loss and necessary expenditures arising
from the construction and maintenance of its system or from its neglect
or failure to maintain said apparatus in good and safe order and condition.
Nothing in this article shall be construed to
grant unto said company any exclusive rights or to prevent a grant
of similar privileges to other companies.
All poles shall be erected under the supervision
of the Street Committee, and such as are erected shall be painted
white.
The company shall be governed by all legal ordinances
of a general nature effecting its operations in the Borough of Lititz
that are now in force and enacted under and by virtue of the police
powers of said Borough or the laws of the commonwealth, as well as
all such ordinances hereafter enacted, provided that the terms, conditions
and regulations prescribed therein do not impair or abridge the permission
contained in this article.
