[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.