, 1906-01-31
Ordinance No. OF

VI NO. 81
An ordinance authorizing The Delaware and
Atlantic Telegraph and Telephone Com
pany, Its successors and assigns, to con-
struct, maintain and operate, its posts,
poles, cables, wires, and all other neces-
sary overhead apparatus, on, over and
along; and its %conduits, ducts, mains,
pipes, cables, wires, ~manholes, distrib-
uting poles, and all other necessary I'M
foreground appliances, on, under and
through, the streets, alleys and high
ways within the limits of the Borough
of Wildwood, in the County of Cape May
and State of New Jersey; and prescri-
bling the manner of placing the same,
and regulating the use of the streets,
alleys and highways by said company.
The Mayor and Council of the Borough of
Wildwood, in the County of Cape May, and
State OF New Jersey, do ordain and enact as
follows:
Section |. That permission be and is hereby
granted to The Delaware and Atlantic Tele-
graph and Telephone Company, its successors
and assigns, to construct, maintain and oper-
ale, Its posts, poles, cables, wires, and all other
necessary overhead apparatus, on, over and
along; and its conduits, ducts, mains, pipes,
cables, wires, manholes, distributing poles,
and all other necessary underground appli-
ances, on, under and through, the streets,
alleys and highways within the limits of the
Borough of " ildwood, in the County of Cape
May and state OF New Jersey; subject to the
following provisions:
Section 2. That all poles erected by said
company Shall be neat and symmetrical,
painted a green color their entire length,
shall not be less han twenty l2U feet above
the surface of the ground, and shall be so To-
Gated as in no way to interfere with the safety
or convenience OF persons travelling on or
over the said streets, alleys and highways;
ana in the work of installing and maintain
ing its underground system, said company
shall not open or cucumber more of any
street. alley or highway than will Inc pprpSSurV
to enable 1t to perform same with proper econ
omy and effictency; nor shall it permit such
opening or encumbrance to remain for "a
longer period than shall be necessary to do
the work for which said opening shall have
been made; provided, however, that no streets
shall be opened during the months of June,
July and August OF any year, except in emer-
gency cases, and in such an event, permits
sion must be secured from ouncil.
Section 3. That in case any bui ding has to
be moved within the limits of the said Bor-
ough, the said The Delaware and Atlantic
Telegraph and Telephone Company SHALL,
within twenty-four 81 hours after receipt of
notice in writing from Council or its duly au-
thorized agent, remove at its own expense
any wires that may interfere with the NOV
ing OF such building in order TO permit the
passage of the same along or across the streets
of said Borough.
Section 4. All work done under the provi-
sions of this ordinance in said Borough shall
be subject to the supervision of the street or
Highway m thereof, and said COM
pany shall replace and properly relay any
sidewalk or street pavement which may have
been displaced or damaged by it in the CON
structiun and maintenance of its system in
said Borough.
Section s.. That space on the poles erected
or in the conduits laid under the provisions
of this ordinance, shall be reserved free of
charge for the purpose of carrying "A wire or
wires ofany fire alarm or police telegraph sys-
TEN, now in use Or which may hereafter be
adopted by the said Borough; in no case,
however, shall said wire or wires carry high
tension currents.
Section 6. That the said, The Delaware and
Atlantic Telegraph and Telephone tompany
shall be permitted to place its wires on the
poles of other companies, having the right to
maintain same within said Borough, upon
such arrangement as the tN o companies may
agree.
Section I. That the said company shall
maintain all poles, cables, wires, conduits,
duets, mains, pipes. manholes, distributing
poles, and all other apparatus erected or con-
structed under the provisions of this ordi-
nance, 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, DANA
yes and charges, and against all loss and nee
essary expenditures, arising from the erection,
constructions and maintenance of It's system
in said Borough; or from its neglect or failure
to maintain the said apparatus in good and
safe order and condition.
section s. That nothing in this ordinance
shall be construed to grant unto the said The
Delaware and Atlantic Telegraph and Tee
phone Company, any exclusive right, or to
prevent a grant of similar privileges to other
companies.
Section .. That the Delaware and Atlantic
Telegraph and Telephone Gompany shall, I'M
der It's seal and by It's pr per officer, within
sixty (60) days from the date of the passage of
this ordinance, signify in writing It's accep-
lance of all the terms, conditions, regula-
tons and restrictions in this ordinance con
tainef; and shall also within the sa me period
furnish II good and sufficient bond in the sum
of Five Hundred Dollars (S500.0Ol, said bond
to be the bond of said com pany, conditioned
for the faithful compliance with all of the
terms of this ordinance, and indemnifying
the said Borough against all loss or damage
that may be sustained by reason of any
rights or privileges granted by this ordinance.
section 10. That all advertising or printing
fees incurred by the Borough of Wildwood, in
the County of Cape May, and State of New
Jersey, in connection with the passage of this
ordinance, shall be paid by The Delaware and
Atlantic Telegraph and Telephone Company.
Ordained and enacted into an ordinance
this twenty-third day of January, a. ID. 1906.
Approved January 3d., 1906.
LAfIMER II. BAKER,
Mayor.
Attest,Jed Dubois, Borough Clerk.