[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 3-21-1957 by Ord. No. 124. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 139.
Permission is hereby granted to the Bell Telephone Company of
Pennsylvania, its successors and assigns to construct, maintain and
operate its posts, poles, booths, telephones, conduits, ducts, pipes,
mains, manholes, cables, wires and all necessary overhead and underground
apparatus and appliances on, over, under and through the streets,
alleys and highways within the present or future limits of the Borough
of Baldwin, in the County of Allegheny and Commonwealth of Pennsylvania;
to use the property of other companies and to permit other companies
that possess authority to operate within the said Borough; and to
use its property, upon such arrangements as the two companies may
agree to, subject to the following provisions.
All poles erected by said company shall extend not 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, 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.
Whenever the said company shall desire to erect, lay down or
construct any booths, posts, poles, conduits or manholes, it shall
present a plan or plans showing the location, number and size thereof
to the Council of the Borough, who shall approve or disapprove the
same as to location, which plan or plans, or copy thereof, with approval
endorsed thereon shall be filed with the Borough Secretary before
any work shown thereon is started. In case the said Council disapproves
any plan or plans, it 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 erection of booths and poles and the construction of conduits
and manholes under the provisions of this ordinance shall be subject
to the supervision of the Council of the Borough, and said 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.
Space on the poles erected and in the conduit 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 Borough, provided that the
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
the said Borough 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 maintain all posts, poles, booths, telephones,
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 Borough 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 contained 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, nor to conflict with the powers
and jurisdiction now or hereafter vested by law in the Pennsylvania
Department of Highways or its successors over certain 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.
The said company shall be governed by all legal ordinances of
a general nature affecting its operations in the Borough of Baldwin
that are now in force and enacted under and by virtue of the police
powers of the said Borough or the laws of the commonwealth, as well
as all such ordinances hereafter so enacted, provided that the terms,
conditions and regulations prescribed therein do not impair or abridge
the permission contained in this ordinance.
This ordinance shall take effect at the expiration of 30 days
from the date when a copy thereof shall have been filed in the office
of the Secretary of the Pennsylvania Public Utility Commission, provided
that, if the Commission shall, prior to the expiration of such period,
institute a proceeding under the provisions of Section 901 of the
Public Utility Law affecting its validity, this ordinance shall become
effective only upon approval by said Commission.
The said company shall, under its seal and by its proper officers,
within 60 days from the date of the final enactment of this ordinance,
signify in writing its acceptance of all the terms, conditions, regulations
and restrictions herein contained, in default of which this ordinance
shall become null and void and of no effect.
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 the terms, conditions,
regulations and restrictions in this ordinance contained, and in default
of so doing, this ordinance shall become null and void and of no effect,
anything herein contained to the contrary notwithstanding; and said
bond shall be in lieu of any bond or monetary deposits to ensure the
replacement of highways which may be required by any general ordinance
now in force or hereafter enacted.
