[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, 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.
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.
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 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.