[HISTORY: Adopted by the City Council of the City of Lancaster as Article 321 of the Codified Ordinances. Amendments noted where applicable.]
All telephone companies established under the provisions of this chapter shall be subject to the provisions of Chapter 279, Utilities. All telephone companies on April 1 of each year shall pay to the City Treasurer $500, as a total license tax which shall be exclusive of the annual license tax on poles. The Council reserves the right to increase the annual license tax of $500 at the expiration of 10 years from the time a franchise is granted under this chapter.
Previous to the erection of any telephone line or lines or doing business by any telephone company, the assent of the Council shall be obtained by ordinance.
For the purpose of erecting, maintaining and operating telephone plants in the city, the privilege is hereby granted to incorporated or chartered telephone companies to occupy such of the public highways in the city, necessary for the conducting of the telephone business with poles and wires, all of such poles to be placed within the curbstone, and to replace such poles and wires as often as may be necessary to keep the same in good, safe and serviceable condition, provided that the location of such poles shall be done subject to the supervision of the Council.
Iron poles, when a height of not over 30 feet is required, shall be used exclusively on North Queen Street, South Queen Street, East King Street and West King Street, within three squares of Center Square, and the same poles shall be used exclusively within the city limits where pavements are or hereafter may be made of concrete. The erection and maintenance by the telephone company or companies of all poles shall be under the direction and supervision of the Council, and no poles shall be placed on any street where it is possible to use alleys for the same line. The locating of any or all poles may be changed at any time the Council may direct, and the locating of any or all poles shall not be considered as permanent, but subject to change by the company or companies as directed by the Council. The company or companies shall procure a permit from the Mayor before placing, changing or removing any pole or poles within the city limits, and the company or companies placing, changing or removing any pole or poles within the limits of the city without first obtaining a permit therefor from the Mayor shall be subject to a fine or penalty as provided in § 271-10.
Any telephone company granted rights under this chapter shall begin work within 30 days after the obtaining of the assent of the Council therefor, and the system shall be completed and in active operation not later than six months thereafter, and if not completed within the time named in this section, then all rights and privileges granted by this chapter shall cease and be of no effect.
At any time hereafter, if the Council deems it necessary, all telephone companies established under the provisions of this chapter shall place their wires underground on such portions of such streets as the Council may direct. They shall then have the right to construct and maintain underground conduits, with necessary manholes and distributing poles, the conduits, manholes and distributing poles to be located by the Council and the method and plans for the construction and erection thereof to be under its supervision and subject to its approval. After the construction of such work, such company or companies shall remove all poles, wires and lines in such localities as may be equipped with the underground system, and provided further, that the company or companies shall enter into a bond of $2,500 before commencing any underground work to restore the streets and paving to original good condition.
All telephone companies established under the provisions of this chapter shall agree to reserve and maintain for the use of the city the top crossarm of their poles for the fire alarm and police patrol wires of the city.
All franchises or grants to telephone companies under this chapter shall contain and be subject to the following conditions: "This franchise, right or privilege to erect, maintain and establish a telephone line, plant or company under the City of Lancaster is upon the express condition that the franchise granted cannot be sold, assigned, leased or transferred to or the plant operated by any other telephone company operating or doing business within the limits of said city, and a violation of this condition shall operate as a forfeiture of the franchise granted and make null and void all rights granted to said company, its purchasers, assigns, lessees or transferees.
All telephone companies granted privileges under this chapter shall not be considered as having conformed to this chapter until they shall, by resolution of their Boards of Directors, accept the same and enter such acceptance upon their minutes and file a duly verified copy thereof over their corporate seal with the Mayor.
Whoever violates the provisions of § 271-4 by failing to obtain a permit shall be fined $25 for each and every pole so placed, changed or removed, such fine or penalty to be collected in the manner prescribed by law for the collection of debts and penalties of like amount, which sums so collected shall be paid to the City Treasurer.