[HISTORY: Adopted by the Board of Commissioners
(now Township Council) of the Township of Bristol 6-5-1951 by Ord. No.
6. Amendments noted where applicable.]
Permission is hereby granted to the Bell Telephone
Company of Pennsylvania, its successors and assigns, to construct,
maintain and operate its posts, poles, cables, wires and all other
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 present or
future limits of the Township of Bristol, County of Bucks, State of
Pennsylvania; and to use the property of other companies and to permit
other companies that possess authority to operate within the said
Township to use its property, upon such arrangements as the two companies
may agree to; provided as follows.
All 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 traveling 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.
Whenever said company shall desire to erect,
lay down or construct any poles, conduits or manholes, it shall present
a plan or plans showing the location, number and size thereof to the
Chairman of the Highway Committee, who is hereby authorized and empowered
for and on behalf of the Board of Township Commissioners to approve or disapprove as to location, which plan or
plans, or copy thereof, with approval endorsed thereon, shall be filed
with the Township Secretary before any work shown thereon is started.
In case said Chairman disapproves any plan or plans, he shall designate
thereon, by the use of appropriate words or marks, or both, some other
location suitable for the purpose of the said company.
The erection of poles and the construction of
conduits and manholes under the provisions of this ordinance shall
be subject to the supervision of the Chairman of the Highway 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 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 Township, provided
that the 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 Township 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 the said Township 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 failure to maintain
the said apparatus in good and safe order and condition.
Said company shall be governed by all legal
ordinances of a general nature affecting its operations in the Township
of Bristol that are now in force and enacted under and by virtue of
the police powers of said Township 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 take effect at the expiration
of 30 days from the date when a copy thereof shall have been filed
in the office of the Secretary of the Pennsylvania Public Utility
Commission, provided that if said Commission shall, prior to the expiration
of such period, institute a proceeding under the provisions of Section
911 of the Public Utility Law affecting its validity, this ordinance
shall become effective only upon approval by said Commission.
Nothing in this ordinance contained shall be
construed to grant unto said company any exclusive right or to prevent
a grant of similar privileges to other companies, nor to conflict
with the powers and jurisdiction now or hereafter vested by law in
the State Highway Department or its successors over Township highways
or with any rules and regulations issued from time to time by the
said Department or its successors governing the use of such highways
by public-service corporations.
Said company shall, under its seal and by its
proper officers, within 60 days from the date of the final enactment
of this ordinance, signify in writing its acceptance of all the terms,
conditions, regulations and restrictions herein contained, in default
of which this ordinance shall become null and void and of no effect.
Said company shall, at the time of filing its
acceptance of this ordinance, also file its bond in the sum of $20,000,
conditioned for the faithful compliance with all and singular the
terms, conditions, regulations and restrictions in this ordinance
contained, and in default of so doing, this ordinance shall become
null and void and of no effect, anything herein contained to the contrary
notwithstanding; and said bond shall be in lieu of any bond or monetary
deposits which may be required by any general ordinances now in force
or hereafter enacted.
All legal advertising or printing fees incurred
by the Township of Bristol, County of Bucks, State of Pennsylvania,
in connection with the passage of this ordinance, shall be paid by
said company.