, 1906-03-28
Ordinance No. 81

III 11l0IlL INOs ~
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
ofHolly Beach, the County ofCape 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
Holly Beach, in the County of Cape May, and
State OF New Jersey, do orda1n and enact as
follows:
Section l. 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-
ate, Its posts, poles, cables, wires, andall 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 ofHoily Beach, in the County ofCape
MAY ana state OF New Jersey, subject To Lne
GLOWING provisions:
Section 2. That all poles erected bysaid COM
pany shall be neat, symmetrical and painted,
and shall not be less Than twenty (20) 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;
and in the work of installing and maintain
ing its underground SYSTEM, said mpa
shall not open or cucumber more of any
street, alley or highway than will be necessary
to enable IT, to nprfOrm ga me with DrOpprp econ
omy and efficiency; nor shall 1T permit such
opening or encumbrance 10 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 or August except with the permission
of Council.
Section B. All work done under the provi-
sions of this ordinance in said Borough shall
be subject to the supervision of the Street or
Highway mmitt thereof, and said COM
pany shall replace and properly relay any
Sidewalk or street pavement which may have
been displaced or damaged by IL In the con-
struction and maintenance of its system in
said Borough.
Section 4. That space on the poles erected
or in the conduits laid under the provisions
of this ordinance, shall be reserved for
the purpose of carrying IA wire or wires
of any fire alarm or police telegraph sys-
tenn, 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 5. That the said,T The Delaware and
Atlantic Telegraph and Telephone Company
shall be permitted to place its wires on the
poles of other companies, having the right to
maintain same within said Borough, L pom
such arrangement as the two companies may
agree.
Section 6. That the said company shall
maintain all poles, cables, wires, conduits,
ducts, 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
ges and charges, and against all loss and nee
essary expenditures, arising from the erection,
construction and maintenance of its system
in said Borough; or from its neglect or failure
to maintain the said apparatus in good and
safe order and condition.
Section 7. That in case any building 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 ca 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 ofsuch building in order to permit the
passage of the same along or across the streets
of said Borough.
Section s. That nothing in this ordinance
shall be construed to grant INTO the said The
Delaware and Atlantic Telegraph and Tele-
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 Company shall, I'M
der its seal and by It's proper officers, within
sixty (60) days from the date of the passage OF
this ordinance, signify in writing its accep-
lance of all the TERMS, conditions, regula-
tons and restrictions in this ordinance con-
tanned; and shall also within the same period
furnish n good and sufficient bond in the sum
of Five Hundred Dollars lS500.00), said bond
to be the bond of said company, 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 ofHolly Beach in
the County of Cape May, and State of New
Jersey, in connection with the passage of this
Atlantic telegraph and Telephone Company.
Ordained and enacted into al ordinance
this twenty-seventh day of March, \. ID. 1906.
+. Il. SMITH,
Mayor.
Attest-H. S. Hewitt, Borough Clerk.