[HISTORY: Adopted by the Borough Council of Montgomery Borough 4-2-1962 by Ord. No. 38 (Ch. VI, Part 1, of the 1996 Code of Ordinances). Amendments noted where applicable.]
[Added 8-25-1913 by Ord. No. 53]
From and after the passage and promulgation of this ordinance, it shall and may be lawful for the Montgomery and Muncy Electric Light, Heat and Power Company and its successors or assigns to construct, erect, maintain and replace poles and wires for lighting, heating and power purposes in, over, upon and through the streets, lanes, alleys and highways of the Borough of Montgomery, PA. The poles and wires shall be erected, maintained and replaced under the following terms and conditions:
First, the poles to be erected shall and will be reasonably straight and erect, of a uniform height of not less than 25 feet above the surface of the ground and shall be planted at least 4 1/2 feet under the ground or below the surface.
Second, that the erection of the poles by the said Company shall at all times be under the supervision of the Borough Council or a Street Committee, which shall have the sole power to determine the proper location of such poles.
Third, that the said Company shall, within 30 days after the passage of this ordinance, file with the Borough Clerk its written acceptance of the provisions of this ordinance, and pay to the Borough Treasurer the cost and expense of printing and publishing the same; otherwise, this ordinance shall be null and void.
Editor's Note: This franchise is now vested in Pennsylvania Power & Light Company.
Permission and consent be and the same hereby is granted to Pennsylvania Power & Light Company to install and maintain on the rear of the property of the Borough of Montgomery situate on the west side of Main Street in the Borough of Montgomery, Lycoming County, Pennsylvania, a guy anchor with the necessary guy wires to support a pole on the adjacent Geneva C. Decker property and about 90 feet north of the Pennsylvania Railroad tracks, the location of which guying facilities is indicated in red upon Pennsylvania Power & Light Company's Plan LA-58785-0 hereto attached and entitled: "Plan showing anchor guy on property of Borough of Montgomery, Lycoming Co., PA," etc.
The said guying facilities shall be installed and maintained in a workmanlike manner, subject to the approval of the proper authorities of the Borough, at the location and in accordance with the aforesaid plan.
Said Pennsylvania Power & Light Company shall have the right of ingress and egress to and from said guying facilities at all times for any of the purposes aforesaid.
A certified copy of this ordinance and an acceptance hereof by Pennsylvania Power & Light Company shall be filed by Pennsylvania Power & Light Company with the Pennsylvania Public Utility Commission, and this ordinance shall thereafter become effective in accordance with the provisions of the Public Utility Law.
The permission and consent hereby granted shall extend to said Pennsylvania Power & Light Company, its successors, assigns and lessees.