[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.
[1]
Editor's Note: Former § A185-9,
Furnishing of free service, was repealed 4-3-1995 by Ord. No. 1995-15.
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.
