[HISTORY: Adopted by the Borough Council of the Borough of Paxtang as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-1916 by Ord. No. 13 (Part 4, Ch. 4, Art. A, of the 1994 Code of Ordinances)]
Permission 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 appliances on, over and along, and its conduits, ducts, mains, pipes, cables, wires, manholes; terminal and distributing poles, and all other necessary underground appliances on, in, under and through, the streets, alleys and highways within the limits of the Borough of Paxtang in the County of Dauphin and State of Pennsylvania; and to use the property of other companies and to permit other companies that possess authority to operate within the said Borough to use its property upon such arrangements as the companies may agree.
All poles erected by said Company shall not be 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 the said 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.
The erection of the poles and construction of conduits under the provisions of this ordinance shall be subject to the supervision of the Chairman of the Highway Committee, and said Company shall at its own expense replace and properly re-lay that portion of any sidewalk or street which may have been opened, displaced or damaged by it in the construction and maintenance of its system; and should any defects in the street repair work develop during a period of one year from the date of the completion of such work, and be due to improper or imperfect repairs, then and in such an event the said Company shall, upon receipt of a written notice from the Chairman of the Highway Committee, make such further repairs as may be necessary by and at its own expense.
Space on the poles erected and in the conduits 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 now or hereafter owned and maintained by said Borough, provided the said wires are placed and maintained in such a manner as may be prescribed by the said Company and in no case used to carry high-tension currents.
The said Company shall maintain all posts, poles, wires, conduits, ducts, mains, pipes, cables, 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 the 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 the said apparatus in good and safe order and condition.
The said Borough shall, within a reasonable time after the date of approval of Ordinance No. 13 by the Public Service Commission of the Commonwealth of Pennsylvania, install, free of charge, one telephone in the office of the Borough Secretary and shall, from time to time as the said Borough establishes fire engine houses, install, free of charge, upon receipt of notice in writing from the Borough Secretary, one telephone in each of such houses, and also furnish free service from all telephones installed under this section for the transaction of municipal business only to all of its subscribers' stations in the area within which local service is from time to time furnished at standard rates to its subscribers in the said Borough, and the said Company shall move, free of charge, the telephone installed in the office of the Borough Secretary to the office of his successor from time to time, provided the location is not more than 300 feet from the Company's then existing pole or conduit lines; and, provided, also, would the Council Chamber be removed from the School House to a building in which a Fire Company is located, then and in such event the telephone herein provided to be installed and maintained in the office of the Borough Secretary may, at the option of the said Company, be disconnected and removed. The said Borough shall pay unto the said Company for all telephone service furnished to it outside the area within which free service is to be allowed under this section.
Nothing in this ordinance shall be construed to grant unto the said Company any exclusive right or to prevent a grant of similar privileges to other companies.
The said Company shall, under its seal and by its proper officers, within 60 days from the date of the final enactment of Ordinance No. 13, signify its acceptance of all the terms, conditions, regulations and restrictions in that ordinance contained; in default of which, the ordinance shall become null and void and of no effect.
It is hereby understood and agreed that neither the purpose nor intent nor the obligation of this ordinance if and when this ordinance, approved by the Public Service Commission of the Commonwealth of Pennsylvania, is such as to impair or in any wise effect the exercise by said Commission of any of the powers vested in it by the Public Service Company Law, approved July 26, 1913.
Editor's Note: The Public Service Commission was supplanted by the Public Utility Commission under the Act of 1937 P.L. 160, and the Public Service Company Law was repealed and superseded by the Public Utility Law (1937, P.L. 1053, Section 1502); the latter was superseded by the Public Utility Code of 1978, P.L. 598, No. 489.
All legal advertising or printing fees incurred by the Borough of Paxtang, in the County of Dauphin and State of Pennsylvania, in connection with the passage of this ordinance shall be paid by the said Company.
[Adopted 8-30-1928 by Ord. No. 76 (Part 4, Ch. 4, Art. B, of the 1994 Code of Ordinances)]
Permission be and is hereby granted to the American Telegraph and Telephone Company of Pennsylvania, its lessees, licensees, successors and assigns, to construct, operate and maintain its conduits, ducts, cables, wires and manholes and all other necessary underground appliances on, in, under, along and across certain streets and highways of the said Borough, more particularly described as follows:
The construction of the conduits and manholes under the provisions of this ordinance shall be subject to the supervision of the Highway Committee of the said Borough and that the Company will replace and properly re-lay, under the supervision of said Committee, any portion of the highway which may be displaced or damaged by it in the construction or maintenance of its work.
The Company will locate the manholes according to the plan thereof filed with the Secretary of Council. Should any deviation from this plan become necessary, it can be varied only with the approval of the Highway Committee, who first had it in writing.
The Company shall be subject to all the ordinances, rules and regulations now in force or which may be hereafter passed relative to the use of public streets and highways of the said Borough.
Nothing contained in this ordinance shall be construed to grant to the said Company an exclusive franchise, and the Borough reserves the right to grant a like consent to any other company, person or persons for like purposes. The provisions of this ordinance apply only to the location recited in § A440-11.
The Company shall hold the Borough free and harmless from all damages and claims for damages arising by reason of the construction or negligent maintenance of said underground works.
All legal advertising or printing fees incurred by the Borough in connection with the passage of this ordinance shall be paid by the Company.
The said Company shall, under its seal by its proper officers, within 60 days from the final enactment of Ordinance No. 76, signify in writing its acceptance of all the terms, conditions and regulations contained in that ordinance, in default of which this action shall become null and void and of no effect.