[HISTORY: Adopted by the Borough Council of the Borough of Etna 11-24-1896 by Ord. No. 147 (Ch. IX, Part 4, of the 1974 Code of Ordinances). Amendments noted where applicable.]
The Central District and Printing Telegraph Company, subject to all the provisions under and limitations and regulations of "An Ordinance regulating the erection of telegraph and telephone poles and the running of wires thereon within the Borough of Etna," ordained and enacted into a law November 5th, 1888,[2] is hereby granted the privilege to erect and maintain such poles in and upon the several streets of the Borough of Etna as may be necessary for the places of business, works, manufacturing establishments, offices and houses of subscribers within the Borough limits for telegraph and telephone purposes.[3]
[1]
Editor's Note: This franchise is now vested in The Bell Telephone Company of Pennsylvania.
[2]
Editor's Note: This ordinance (Ordinance 102) was repealed by Ordinance 1055.
[3]
Editor's Note: Section 6 of this ordinance required that the Company pay all expenses incurred in the passage, printing, promulgating and posting of the ordinance. Section 7 provided that the ordinance go into effect after the Company had filed with the Borough Secretary its written acceptance of the ordinance and of the terms and conditions therein contained. Section 8 repealed all conflicting ordinances and parts of ordinances so far as the same affected this ordinance.
The poles to be erected under this ordinance shall be located under the direction of the Street Committee of the Borough of Etna and shall be painted in a manner satisfactory to said Street Committee.
It is hereby expressly understood and agreed between the Borough of Etna and The Central District and Printing Telegraph Company that the privileges here granted by the former are given in consideration of the latter agreeing for itself, its successors and assigns that the said The Central District and Printing Telegraph Company shall permit the Borough of Etna to run the five alarm wires of its fire alarm telegraph upon the poles of the said Company without charge within the limits of the Borough of Etna aforesaid.
And it is further expressly understood and agreed that The Central District and Printing Telegraph Company shall furnish for use of the Borough of Etna without charge four sets of telephone instruments to be located as follows: one set in the waterworks, one set in the residence of the Superintendent of the Waterworks, one set in the residence of the Chief of the Fire Department, and one set in the office of the Borough Treasurer, all of which locations are within the limits of the Borough of Etna, and shall be changed and relocated from time to time hereafter as the site of the Waterworks or the residence of the Superintendent or the residence of the Chief of the Fire Department or the office of the Borough Treasurer may be changed, and these four sets of instruments shall be connected on one and the same line with the Sharpsburg branch office of The Central District and Printing Telegraph Company and shall be used with the same rights and privileges as the other subscribers' instruments, connected with said Sharpsburg branch office and the said Central District and Printing Telegraph Company, its successors and assigns, shall so continue to furnish for use of the Borough of Etna without charge the said four sets of telephone instruments located as aforesaid at all future time until the Borough of Etna shall impose a tax or license upon said Company when said service without charge shall cease.
All poles heretofore erected or owned and which are to be abandoned for the running of wires by The Central District and Printing Telegraph Company saving and excepting such poles as the Street Committee of the Borough of Etna may in their discretion designate all such poles designated and selected by the Street Committee shall become without any charge the property of the Borough of Etna.
[Added 5-27-1922 by Ord. No. 505 (Ch. IX, Part 4B, of the 1974 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 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 Etna, in the County of Allegheny 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 two companies may agree to.[1]
[1]
Editor's Note: Section 5 of this ordinance provided that unless the Company, within 60 days from the date of the final enactment of the ordinance, signified in writing its acceptance of all the terms, conditions, regulations and restrictions contained in this ordinance, the ordinance was to become null and void and of no effect. Section 7 provided that the Company pay all legal advertising and printing fees incurred by the Borough in connection with the passage of the ordinance.
All terminal and distributing poles erected by said Company shall extend not 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 travelling 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 terminal and distributing poles and construction of conduits under the provisions of this ordinance shall be subject to the supervision of the Street 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 system.
Space on the terminal and distributing 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, 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 that no use shall be made of such space by the said Borough which will result in interfering with or impairing the operation or use of said Company's property or service, or endanger its property or employes.
The said Company shall maintain all terminal and distributing poles, cables, wires, conduits, ducts, mains, pipes, 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 failures to maintain the said apparatus in good and safe order and condition.
It is hereby understood and agreed that neither the purpose nor intent nor the obligation of this ordinance, if and when approved by the Public Service Commission[1] of the Commonwealth of Pennsylvania, is such as to impair or in anywise affect the exercise by said Commission of any of the powers vested in it by the Public Service Company Law, approved July 26, 1913.
[1]
Editor's Note: The Public Service Commission has been supplanted by the Public Utility Commission (1937 P. L. 160) and the Public Service Company Law by the Public Utility Law (1937 P. L. 1053).