[HISTORY: Adopted by the Borough Council of the Borough of Etna 8-8-1960 by Ord. No. 896 (Ch. IX, Part 1, of the 1974 Code of Ordinances). Amendments noted where applicable.]
Consent be and the same is hereby granted to the Duquesne Light Company, its successors and assigns, hereinafter referred to as "Company," to enter upon and to construct, erect, maintain, repair, replace, use and operate poles, wires, cables, conduits, ducts, crossarms, manholes, and all devices and appurtenances thereto belonging, hereinafter referred to as "facilities," whether underground or overhead, along, on, upon, over, under and through the streets, roads, highways, lanes and alleys of the present or future limits of the Borough of Etna, hereinafter sometimes referred to as "Borough," from time to time, for the purpose of conducting electricity in and through the said Borough, and for the purpose of furnishing light, heat and power, or any of them, by means of electricity, to individuals, firms, partnerships and corporations in said Borough; and to use the facilities of other companies, and to permit other companies that possess authority to operate within the said Borough to use its facilities, located in such streets, roads, highways, lanes and alleys upon such arrangements as the Company and such other companies may agree.[1]
[1]
Editor's Note: Section 5 of this ordinance required that the Company file its acceptance of the conditions in this ordinance, within 90 days after approval of the ordinance by the Burgess, and provided that the ordinance not go into effect until written acceptance was so received by the Borough Secretary. Section 6 required that the Company pay the expense of publishing the ordinance, submit the ordinance to the Pennsylvania Public Utility Commission for approval, and prepare all papers and bear all expenses in connection therewith. Section 7 repealed all conflicting ordinances and parts of ordinances insofar as they affected this ordinance. Section 8 provided that the ordinance become effective upon approval by the Public Utility Commission of the sale by the Borough to the Company of electric facilities in the Borough pursuant to articles of agreement executed by the Borough pursuant to this ordinance.
In constructing and erecting the said facilities along, on, upon, over, under and through said streets, roads, highways, lanes and alleys, within said Borough, only such portion of said streets, roads, highways, lanes and alleys shall be occupied as will not interfere with the necessary, customary and ordinary use of the same. All poles shall be located at such point or points as shall be designated and approved by the Borough Council of said Borough or its designated representative.
The said Company shall at all times indemnify and save harmless the Borough of Etna of and from all claims and demands, and from any suits or damage to persons or property that might arise from the construction, maintenance or operation of the facilities of said Company.
In case any claim for damages shall be made against the Borough for which the said Company may be liable, the Borough shall promptly notify the said Company of such claim or claims, and in case any suit for damages shall be brought against the Borough for which the Company may be liable, the Borough shall notify the Company of said suit within 10 days from the service of summons thereof upon the Borough, and the Company shall defend such claim or suit.