[Adopted 9-8-1947 by Ord.
No. 15]
Permission be and is hereby granted to the American Telegraph and Telephone
Company of Pennsylvania, its successors and assigns, to construct, operate
and maintain its lines of telephone and telegraph including the necessary
conduits, ducts, manholes and fixtures in, under, through, across and along
the public streets, alleys and highways within the present or future limits
of the Borough of Chester Heights, County of Delaware, and State of Pennsylvania
and to use the underground facilities of other companies and permit other
companies that possess authority to operate within said Borough to use the
underground facilities under such arrangements as the two companies may agree
to, provided the following.
Whenever said company shall desire to lay down or construct any conduits,
cables, manholes or fixtures, it shall present a plan or plans showing the
location, number and size thereof to the Chairman of the Highway Committee,
who is hereby authorized and empowered for and on behalf of Council, to approve
or disapprove as to location, which plan or plans, or copy thereof, with approval
endorsed thereon, shall be filed with the Secretary of Council before any
work thereon is started.
The construction of conduits, cables, manholes and fixtures under the
provision of this article shall be subject to the supervision of the Chairman
of the Highway Committee; 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 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.
Space in the conduits constructed under the provisions of this article
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 Borough, provided
said wires are placed and maintained in such manner as may be prescribed by
said company and that no use shall be made of said space by said Borough 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 conduits, cables, manholes and fixtures
and all other appurtenances erected or constructed under the provisions of
this article in good and safe order and condition and shall at all times fully
indemnify, protect and save harmless 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 said apparatus in good and safe order and
condition.
Nothing contained in this article shall be construed to grant unto said
company any exclusive right or to prevent a grant of similar privileges to
other companies.
Said company shall be governed by all legal ordinances of a general
nature, particularly Ordinance Number 11,[1] affecting its operations in the Borough of Chester Heights that
are now in force and enacted under and by virtue of the police powers of said
Borough or the laws of the state, as well as all such ordinances hereafter
so enacted, provided the terms, conditions and regulations prescribed therein
do not impair or abridge the permission contained in this article.
Said company shall, under its seal and by its proper officers, within
30 days from the date of the final enactment of this article, signify in writing
its acceptance of all the terms, conditions, regulations and restrictions
herein contained, in default of which this article shall become null and void
and of no effect.
All legal advertising or printing fees incurred by the Borough of Chester
Heights, in connection with the passage of this article, shall be paid by
said company.
