Borough of Pleasant Hills, PA Telephone Franchise

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:

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.

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.

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.

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.

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.

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.

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.

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.