[HISTORY: Adopted by the Borough Council of the Borough of Kingston (now Town Council of the Municipality of Kingston) 9-12-1934. Amendments noted where applicable.]
[Amended 4-3-1995 by Ord. No. 1995-15]
Permission shall 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, pipes, mains, cables, wires, manholes and all other necessary underground appliances on, in, under, across and through the streets, alleys and highways within the limits of the Municipality of Kingston, County of Luzerne, State of Pennsylvania, to use the property of other companies and to permit other companies that possess authority to operate within the said municipality to use its property, upon such arrangements as the two (2) companies may agree to.
[Amended 4-3-1995 by Ord. No. 1995-15]
Whenever said company shall desire to erect poles or to lay down and construct conduits and manholes, it shall present a plan or plans showing the location, number and size thereof to the Code Enforcement Officer, who, with the Borough Engineer, are hereby authorized and empowered for and on behalf of the Council of said municipality to approve or disapprove as to location. In case said Committee and Engineer disapprove any plan or plans as to the location of any poles, conduits or manholes, they shall designate thereon, by the use of appropriate words or marks, or both, some other location suitable for the purposes of the said company. A duplicate of the plan or plans, with the Code Enforcement Officer and Borough Engineer's approval endorsed thereon, shall be retained by the Borough Engineer for record purposes. Nothing in this section contained shall be construed to require the submission or approval of plans when the said company finds it necessary to renew existing poles.
[Amended 4-3-1995 by Ord. No. 1995-15]
The work of erecting poles, laying conduits and constructing manholes shall be subject to the supervision of the Chairman of the Code Enforcement Officer or the Borough Engineer, and while the work of laying conduits and constructing manholes is in progress, the said company shall take proper precautions to safeguard the traveling public from injury be placing sufficient and proper lights, danger signals and other safety appliances at all places where there is any danger of any person suffering injury by reason of said construction work.
In the installation and maintenance of the underground works provided for under the provisions of this chapter, 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.
The 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, and for a period of three (3) years from the date upon which an opening or excavation is resurfaced by the said company, it shall correct any defects in the paving work done over such opening or excavation, provided that notice in writing is given to it as to the need of such repairs and the location thereof.
[Amended 4-3-1995 by Ord. No. 1995-15]
The said company shall maintain its aerial and underground works consisting of posts, poles, cables, wires, conduits, ducts, mains, pipes, manholes and all other apparatus and appliances 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 municipality from and against all actions, claims, suits, damages and charges and against all loss and necessary expenditures arising from erection, construction and maintenance of its system or from its neglect or failure to maintain the said aerial and underground works in good and safe order and condition and to properly replace or 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.
[Amended 4-3-1995 by Ord. No. 1995-15]
The use of the highways under this chapter shall be subject to all reasonable general regulations governing the use of the highways which are now in effect or that may hereafter be enacted by said municipality.
[Amended 4-3-1995 by Ord. No. 1995-15]
Space in the main conduits and on the poles heretofore or hereafter laid, constructed or erected may be used by the Municipality of Kingston, free of charge, for the purpose of carrying wires of any fire alarm or police telegraph system owned and maintained by the said municipality, 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 municipality 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. Any lateral duct connections required by said municipality between the main conduit in which space for the municipality is maintained and poles or pedestals on the sidewalks shall be laid by the company upon receipt of a written order from the municipality agreeing to pay the cost thereof.
Nothing in this chapter contained shall be construed to grant unto the said company any exclusive right or to prevent a grant of similar privileges to other companies.