[HISTORY: Adopted by the Borough Council (now Municipal Council) of the Borough of Monroeville (now Municipality of Monroeville) 9-30-1957 by Ord. No. 103. Amendments noted where applicable.]
All poles erected by the Bell Telephone 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 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 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 Secretary of the Municipality, 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 Municipal Secretary before any work shown thereon is started. In case said Secretary disapproves any plan or plans, he shall designate thereon, by the use of appropriate words or marks, or both, some other location suitable for the purposes of 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 Secretary of the Municipality, and said company shall replace and properly relay that portion of any sidewalk or street pavement which may have been disposed 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 said Municipality, 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 Municipality which will result in interfering with or impairing the operation or use of said company's property or service or will endanger its property or employees.
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 said Municipality 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 said apparatus in good and safe order and condition.
Nothing in this ordinance contained shall be construed to grant 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 said Department or its successors governing the use of such highways by public service corporations.
Said company shall be governed by all legal ordinances of a general nature affecting its operations in the Municipality of Monroeville that are now in force and enacted under and by virtue of the police powers of said Municipality or the laws of the state, 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 § 911 of the Public Utility Law affecting its validity, this ordinance shall become effective only upon approval by said Commission.
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 terms, conditions, regulations and restrictions herein contained, in default of which this ordinance shall become null and void and of no effect.
All legal advertising or printing fees incurred by the Municipality of Monroeville, County of Allegheny, Commonwealth of Pennsylvania, in connection with the passage of this ordinance shall be paid by said company.