[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[1] 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.
[1]
Editor's Note: Now Township Council.
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.