1936-2

An Ordinance, authorizing the Bell Telephone Company of Pennsylvania, its successors and assigns, to construct, maintain and operate its posts, 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 Borough of Bolivar, County of Westmoreland, State of Pennsylvania; prescribing the manner of placing the name and regulating the use of the streets, alleys, and highways by the said company.

The Burgess and Town Council of the Borough of Bolivar, County of Westmoreland, State of Pennsylvania, do ordain and enact as follows:

THAT PERMISSION BE AND 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 Borough of Bolivar, County of Westmoreland, State of Pennsylvania; to use the property of other companies and to permit other companies that possess authority to operate within the limits of the said Borough to use its property, upon such arrangements as the two companies may agree to:

PROVIDED:

Section I. That 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 the said streets, alleys, and highways, and in the installation and maintenance of its underground systems, 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.

Section II. That 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 Street Committee and said company shall replace and properly relay that portion of any sidewalk or street pavement which may be displaced or damaged by it in the construction and maintenance of its system. Should the company fail to make such replacement and repairs within a reasonable time after receipt of written notice from council so to do, then and in such an event the Borough may cause the work to be done and charge the Company for the actual cost thereof.

Section III. The space on the poles erected and in the conduits constructing 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 the said Borough, provided they said wires are placed and maintained in such a manner as may be prescribed by the said Company, and that no use shall be made of such space by the said Borough which will result in interfering with or impairing the operation or use of the said Company's property or service or will endanger its property or employees.

Section IV. That the said Company shall maintain all 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 Borough 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.

Section V. That nothing in this ordinance contained shall be construed to grant unto the said company any exclusive right, or to prevent a grant or similar privileges to other companies.

Section VI. That the said company shall be governed by affecting its operations in the Borough of a general nature affecting its operations in the Borough of Bolivar, that are now in force and enacted under said by virtue of the police powers of the said Borough or the laws of the State, as well as all such ordinances hereafter so enacted, provided the terms, conditions and regulations prescribed therein do not impair or abridge the permission contained in this ordinance.

Section VII. That the said company shall, under its seal and by its proper officers, within sixty (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.

Section VIII. That upon the acceptance of this ordinance as provided for in the preceding section, and the approval of the same by the Public Service Commission of the Commonwealth of Pennsylvania, and ordinance enacted in favor of the Central District and Printing Telegraph Company (predecessor of the Bell Telephone Company of Pennsylvania) by Council of the Borough of Bolivar, and approved by the Burgess on the 9th day of July A.D. 1896, shall become null and void.

Section IX. That all legal advertising or printing fees incurred by the Borough of Bolivar, county of Westmoreland, State of Pennsylvania, in connection with the Passage of this ordinance, shall be paid by the said company.

Ordained and Enacted into an Ordinance this 14th day of September 1936.

E.M. McKelvey

President of Council

Approved this 14th day of September 1936

J.E Snyder

Burgess

I hereby certify that the foregoing is a true and correct copy of an Ordinance enacted by Council of the Borough of Bolivar, Westmoreland County, PA, on the 14th day of September 1936, and approved by the Burgess on the 14th day of September 1936.

Attest:

Earl Nixon

Secretary of Council

Original Ordinance on file in Ordinance book page 66,67,68,