[HISTORY: Adopted by the Borough Council of the Borough of Pleasant
Hills 7-12-1948 by Ord. No. 30. Amendments noted where applicable.]
Permission be and 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 Borough of Pleasant Hills; to use the
property of other companies 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 that:
A.Â
That whenever the 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 Chairman of the Street Committee or such other person as may be designated
by Council, who is hereby authorized for and on behalf of Council to approve
or disapprove. The plan or plans, or copy thereof, with the approval endorsed
thereon, shall be filed with the Secretary of the Borough before any work
shown thereon is started. In the event the said Chairman of the Street Committee
or other persons designated by Council disapproves any plan or plans submitted
by the company, he shall either designate thereon by appropriate notes or
marks, or both, the changes necessary for approval, or in lieu of the entire
plan shall submit another plan, method, manner or location of accomplishing
the results intended for the purposes of the said company.
B.Â
That the erection of poles and the construction of conduits
and manholes, under the provisions of this ordinance, shall be subject to
the supervision of the Borough Engineer, 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
aerial and 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.
C.Â
That space on the poles erected or in any 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 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.
D.Â
That 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 chapter 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.
E.Â
That 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.
F.Â
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 provision of Section 911 of the Public Utility Law
affecting its validity, this ordinance shall become effective only upon approval
by the said Commission.
G.Â
That 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.
H.Â
That all legal advertising or printing fees incurred
by the Borough of Pleasant Hills in the passage of this ordinance shall be
paid by the said company.
