An Ordinance authorizing Enon Valley Telephone Company, its successor and assigns, to construct, maintain and operate its posts, poles cables, wires and all other necessary over head apparatus on, over and along its conduits, ducts, mains, pipes, cables, wires, man holes, and all other necessary underground appliances on, in, under, across and through the streets, alleys and highways, within the present or future limits of the Borough of Dar lington, County of Beaver, Commonwealth of Pennsylvania prescribing the manner of plac ing the same and regulating the use of the streets, alleys and highways by the said Com pany.
The Burgess and Council of the Borough of Darlington, County of Beaver, Commonwealth of Pennsylvania, do ordain and enact as follows:
That permission be and is hereby granted to Enon Valley Telephone Company, its succes sors and assigns, to construct maintain and operate its posts, poles, cable, wires and all other necessary overhead apparatus on, over and along its conduits, ducts, mains, pipe, cables, wires, manholes and all other necessary underground appliances on, in under, across and through the streets, alleys, and highways within the present or future limits of the Borough of Darlington, County of Beaver, Commonwealth of Pennsylvania, to use the property of other companies and to permit other companies that possess authority to oper ate within the said Borough of Darlington to use its property, upon such arrangements as the two companies may agree to provide:
Sec. 1. That whenever the said Company shall desire to erect any pole, or poles, or lay down and construct conduits and manholes, it shall present a plan or plans showing the lo cation, number and size thereof to the street committee which is herby authorized for and on behalf of the Council of the said Borough of Darlington to approve or disapprove as to location, which plan or copy thereof with approval endorsed thereon, shall be filed forthwith with the Borough Councils Secretary before any work shown thereon is started. In case the said Committee disapproves any plan or plans as to the location of any poles, conduits, or manholes, they shall designate thereon, by use of appropriate words or marks or both, some other location suitable for the purposes of the said Company. Nothing in this section contained shall be construed to require the submission of approval of plans when the said Company finds it necessary to renew existing poles.
Sec. 2. That the erection of poles shall be subject to its supervision of the Street Commit tee, and said Company shall properly replace and relay that portion of any sidewalk, street pavement, surface or curbing which may have been displaced or damaged by it in the construction and maintenance of its system.
Sec. 3. Provided, however, that if the said Company fails to properly replace and properly relay such sidewalk, street pavement, surface or curbing or is within a year of any such construction such sidewalk, street pavement, surface or curbing should need further replacing or relaying and the said Company fails to so replace or relay, then the Borough of Darlington shall replace or relay the said sidewalk, street pavement, surface or curbing at the expense of said Company.
Sec. 4. That space on the poles or conduit erected or constructed under the provisions of the ordinance may be used, free of charge, for the purpose of carrying wires of any fire alarm or police telegraph system owned or maintained by the said Borough, provided said wires are placed and maintained in such a manner as may be prescribed by the said Com pany, and that no use shall be made of such space by the said Borough, which will result in interfering with or impairing or endangering the operation or use of the said Companies property or service, or will endanger its property or employees.
Sec. 5. That the said Company shall maintain all of its serial and underground work, con sisting of poles, posts, cables, wires, conduits, ducts, mains, pipes, manholes and all other apparatus and appliances 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 and said Borough from and against at all times fully indemnify, protect and save harmless and said Borough from and against all action, claims, suits, damages, and charges and against all loss and necessary expenditures arising from the erection, con struction and maintenance of its system, or from its neglect or failure to maintain the said apparatus in good and safe order and condition.
Sec. 6. That the said Company shall be subject to all regulations of a general nature go verning the use of the highways in the Borough of Darlington that are now in effect or that may, hereafter be enacted, provided the terms, conditions and regulations prescribed therein do not impair or abridge the permission contained in the ordinance.
Sec. 7. This ordinance shall continue perpetually from and after the date of the acceptance of the provisions thereof by the Company.
Sec. 8. That the said Company shall under its seals and by its proper officers within sixty
- days from the date of the final enactment of this ordinance, signify in writing its accep tance of all the terms, conditions, regulations and restrictions’ herein contained, in default of which this ordinance shall be come null and void and of no
Sec. 9. It is hereby understood and agreed that neither the purpose nor the intent, nor the obligation of this ordinance, if and when approved by the Pennsylvania Public Utility Com mission, is such as to impair or in any way affect the exercise by said Commission of any of the power vested in it by the Public Utility Law.
Sec. 10. That all legal advertising or printing fees incurred by the Borough of Darlington,
( County of Beaver, Commonwealth of Pennsylvania or connection with the passage of this ordinance, shall be paid by the said Enon Valley Telephone Co.
Sec. 11. That nothing in this ordinance shall be construed to grant unto the said Company any exclusive rights, or to prevent a grant of similar privileges to other companies.
Sec. 12. Nothing in this ordinance shall be construed as repealing any tax or license fee not imposed by the Borough and shall not be construed as in any way waiving or impairing the right of the Borough of exercise any of its taxing privileges or rights to levy or impose license fees either under existing law or under any authority which may be granted to the Borough in the future.
Ordained enacted into an Ordinance this 5th day of March, 1959.
- C. Hagerman, President of Council
Attest: Ronald W. Brown, Secretary of Council
Approved the 5th day of March, 1959.
- W. Myers, Burgess