[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 6-13-1927 as Ord. No. 298. Amendments noted where applicable.]
Permission be and is hereby granted to the Denver and Ephrata Telephone and Telegraph Company, its successors and assigns, to construct, maintain and operate its posts, poles, cables, wires and all necessary overhead apparatus on, over and along, and 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 Ephrata, County of Lancaster, State of Pennsylvania, to use the property of others and to permit others to use its property, upon such arrangements as may be agreed to, provided as follows.
All poles erected by said company shall extend not less than twenty (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 traveling on or over 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; and in all permanently improved streets, said company shall lay such conduits as it may desire at the time of making such permanent improved streets.
The erection of poles and construction of conduits under the provisions of this ordinance shall be subject to the supervision of a representative of the borough, 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 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 or fire company of the Borough of Ephrata. The borough reserves to itself the privileges of stringing its wires on said company's poles and grants to the company the same privilege as to poles owned by the borough, provided that said wires are placed and maintained in such a manner as may be prescribed by said company and that no use shall be made of such space by said borough which will result in interfering with or impairing the operation or use of said company's property or service or will endanger its property or employees.
Said company shall maintain all posts, 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 said borough from and against 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 failure to maintain said apparatus in good and safe order and condition.
Nothing in this ordinance contained shall be constructed to grant unto said company any exclusive right or to prevent a grant of similar privileges to other companies.
The annual license fee of fifteen cents ($0.15) per pole and post shall be charged said company for the inspection of its poles and wires by the borough. Said company shall, on or before the first Monday in December of every year, send a check for said license fees to the Treasurer of the Borough of Ephrata for the year following.
The company shall be governed by all legal ordinances of a general nature affecting its operations in the Borough of Ephrata that are now in force and enacted under and by the virtue of the police powers of said borough or the laws of the state, as well as all such ordinances hereafter so enacted, provided that the terms, conditions and regulations prescribed therein do not impair or abridge the permission contained in this ordinance.
This ordinance shall be null and void unless the company, within sixty (60) days after the date of final enactment of this ordinance, signified in writing its acceptance of all the terms, conditions, regulations and restrictions contained in this ordinance.
Upon acceptance of this ordinance, an ordinance of July 3, 1911 (Ordinance No. 167-A), in favor of the Denver and Ephrata Telephone and Telegraph Company and an ordinance of June 7, 1898 (Ordinance No. 78), in favor of the Independent Telephone Company are to become null and void, and all other ordinances and parts of ordinances conflicting with this ordinance are repealed insofar as they affected this company.
The company shall pay all legal advertising or printing fees incurred in connection with the passage of this ordinance.