[Ord. 4835, passed 7-9-1945]
No telegraph, telephone, electric light or other poles with
wires and cables thereon shall be constructed or maintained within
the City, unless an annual license fee of $0.25 per pole and $0.5
for each mile of single overhead wire and $1 for each mine of single
overhead cable shall be paid therefor. It shall be the duty of the
owners of any telegraph, telephone, electric light and all other companies
having poles, wires or cables or either, upon any of the public streets,
highways, lanes or alleys of the City, to apply to the City Controller
annually on or before April 1 of each year, for a license to maintain
its poles, wires and cables in the City which are erected or to be
erected during the ensuing year from April 1 in each year. The application
shall particularly specify the poles to be maintained by their designation
or number, and the wires and cables by naming the street, highway
or alley along which the wires or cables are stretched or to be stretched,
and the number of miles of single wire or miles of single cable thereupon.
It shall be the duty of the City Controller to issue a license to
an application who shall be authorized to maintain the poles, wires
and cables designated in such license only for the period of one year,
from April 1 of each year. The charge for the issuance of such license
shall be paid to the City Controller for the use of the City, before
issuing such license.
[Ord. 5554, passed 3-26-1956]
(a)
The Mayor is hereby authorized to enter into contracts with The Bell
Telephone Company of Pennsylvania providing the terms upon which the
City shall be permitted, by its City Electrician and with the consent
of Council specifically given by resolution thereof, to connect wires
and electrical equipment of the City to poles of The Bell Telephone
Company of Pennsylvania when the same is permitted by the Company,
and is necessary in the judgment of the City Electrician for the efficient
operation of the electrical equipment of the City.
(b)
The agreement, and any subsequent agreements hereafter made under
authority of this section, shall take effect at the expiration of
30 days from the date when a copy thereof shall be filed in the office
of the Secretary of the Pennsylvania Public Utility Commission; provided,
that, if the Commission shall, prior to the expiration of such period,
institute a proceeding affecting the validity of such contract or
supplemental contract, under the provisions of Section 911, Article
9, of the Public Utility Law, such contract shall become effective
only upon the approval thereof by the Commission.
[Ord. 3513, passed 9-20-1921; Ord. 5234, passed 5-26-1930]
Whenever the City grants permission to any electric, telephone
or telegraph company to lay, construct, erect, maintain and operate
its conduits, ducts, mains, pipes, cables, wires, manholes, terminal
poles and all other necessary overhead and underground appliances
on, over, along, in, under, through and across the public streets
or highways within the City, the granting of such permission shall
be upon and under the terms, conditions and regulations prescribed
by this article to which the applicant company shall expressly agree
by accepting the benefits of any ordinance granting such permission.
[Ord. 3512, passed 9-20-1921]
No such company shall be permitted to enter any of the streets
or highways of the City with any of its works, as aforesaid, until
it has been granted permission to do so by an ordinance of the City
regular adopted for that purpose, and that within 60 days from the
final passage of any such ordinance granting such permission to any
company, the company shall signify in writing its acceptance of the
grant, subject to the terms, conditions and regulations of this article
or any legal ordinance thereafter passed pursuant to the police power
of the City.
[Ord. 3513, passed 9-20-1921]
When any such company, having received permission from the City
to do so by ordinance, shall desire to lay down, construct or erect
any such conduits, ducts, mains, pipes, manholes or terminal poles,
it shall present plans showing the location, number and size thereof
to Council for its approval. In case Council disapproves any such
plan, it shall designate thereon such reasonable changes, as may be
deemed necessary, for the use of the company and the probable demand
of the locality to be served by the company which plans shall be revised
by the company and filed with the City Clerk, whereupon Council shall
have evidence its requisite approval of the plans by a resolution
permitting the work to proceed, subject to the terms, conditions and
regulations of this article.
However, the company may change the plans at any time with the
approval of Council, and provided also that the Council may withdraw
its approval of any plans at any time prior to the actual commencement
of the work, and require the company to make such reasonable changes
therein as may be deemed necessary, for the use of the company and
the probable demand of the locality to be served by such company.
[Ord. 3513, passed 9-20-1921]
The company shall not open or encumber more of any public street,
alley or highway than will be necessary to enable it to perform its
work with proper economy and efficiency; and shall at all times, during
the construction, erection and progress of any such work, take proper
precaution to safeguard the traveling public from injury by placing
sufficient and proper lights, danger signals and other safety appliances
at all places where there is any danger of any person suffering injury
by reason of the work of construction; and shall in the doing of the
work, comply with all City ordinances regulating, controlling and
providing for the making of excavations, etc., in streets and highways.
[Ord. 3513, passed 9-20-1921]
The 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 erection, construction and maintenance of its terminal
poles, conduits or manholes, subject to the provisions of the various
City ordinances relating to the opening, closing, replacing, re-paving
and repairing of streets and excavations therein.
[Ord. 3513, passed 9-20-1921]
The company, its successors or assigns, may at any time after
the construction of such work, sell, assign or lease to any other
company with which it may lawfully contract, all or any portion of
the work and allow any such other company to use and occupy such portion
of the underground work which may at any time be erected, constructed
or placed pursuant to any grant of permission in any City ordinance;
subject to all of the provisions of this article and any other ordinance
passed pursuant to the police power of the City and to the requisite
approval of the State Public Utility Commission.
[Ord. 3513, passed 9-20-1921]
Space on the poles erected, and in the conduits constructed under the provisions of this article may be used, free of charge, for the purpose of carrying wires of any fire alarm or police telegraph or signal system owned or installed by the City, provided the wires are placed and maintained in such manner as may be prescribed by the company, and that no use shall be made by the City of such space as will result in interference with or impairment of the operation or use, of the company's property or service, or will endanger its property or employees. The maximum space for the use of the City, as aforesaid, shall be space for one cross arm on each terminal pole erected, and one duct in the conduits laid or constructed in and paralleling each public street or highway, and also one lateral duct between the duct reserved for the use of the City and such of the company's terminal poles as Council may designate upon any plans submitted to them for approval, as provided for in Section 915.05.
[Ord. 3513, passed 9-20-1921]
The Company shall maintain all of its terminal poles, cables,
wires, conduits, ducts, mains, pipes, manholes and all other appurtenant
apparatus erected, laid or constructed under the provisions of this
article in good and safe order and condition, and shall at all times
fully indemnify, protect and save harmless the City 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 works, or from its neglect or failure to maintain
its works in good and safe order and condition.
[Ord. 3513, passed 9-20-1921]
Whenever so required by Council, any such company shall, at
the time of filing its acceptance of any ordinance granting permission
to it to lay, construct and erect its works in the City streets and
highways as aforesaid, file a bond, to be approved by Council, in
such sum as shall be designated by the ordinance conditioned for the
faithful compliance with all and singular the terms, conditions, regulations
and restrictions contained in this article, in default of which the
granting ordinance shall become forthwith null and void and of no
effect, notwithstanding anything therein contained to the contrary.
[Ord. 3513, passed 9-20-1921]
No ordinance hereafter passed by Council shall be construed
to grant to any such company any exclusive right, or to prevent a
grant of similar privileges to other companies; nor in any way to
change, alter, modify or repeal any other ordinance, resolution or
agreement of the City, unless such intent is specifically expressed
therein.
[Ord. 3513, passed 9-20-1921]
Any expenses necessary to obtain the requisite approval of the
State Public Utility Commission of any ordinance granting permission
to any such company as aforesaid or of any work to be done pursuant
to such granting ordinance or to this article shall be borne and paid
by the company receiving such permission.
