The Pleasantville press. (Pleasantville, N.J.) 1912-1929, 1916-01-29
LEGAL
ORDINANCE.

AN ORDINANCE authorizing The Della
ware and Atlantic Telegraph and Telephone
Company, its successors and assigns, to erect,
construct, lay and maintain all necessary
poles. wires, cables, cross arms, conduits.
manholes and other fixtures and appliances
for its lines In, upon, along, over and under
each aud every OF the public roads, streets,
alleys and highways of the City of Absecon,
in the County of Atlantic and State of New
Jersey, for the conduct OF Its business and
prescribing the manner of placing the same
aud regulating the use of the public streets,
alleys and highways by said Company.
WHEREAS, The Delaware and Atlantic
Telegraph aud Telephone Company on the
eth day of October. Ammo Domini, Nineteen
Hundred and Fifteen t191b), filed with and
presented to the Common Council OF the City
Of Ahsecon. a petition praying that consent
of said Common Council of the city OF Abse-
son be granted to erect, construct, lay and
maintain all necessary poles, wires, cables,
cross arms. eonduits, manholes and other
fixtures and appliances for its lines In, upon,
along, over and under each and every OF the
public roads. streets, alleys and highways OF
the City of Ahseeon, for the conduct OF It's
business. in accordance with the Statute In
such case made and provided, FOR the term
of fifty (5o) years and
WHEREAS, the said Common Council did,
by resolution. designate the oath day of No
vember, Ammo Domini. Nineteen Hundred and
Fifteen (1915), at $ o'clock p. NJ, at the
City Hall in said City, as the time and place
for the consideration of the application, afore-
said and
WHEREAS, notice of the time and place
fixed as aforesaid has been given by publica-
ton in the "Pleasantville Press. a newspa-
per printed in the Borough of Pleasantville,
In the County of Atlantic. and circulated In
the City Of Absecon, once a week for at least
two weeks, and by posting said notices In five
(5) of the most public places in the said City
of Abseoon, at least fourteen Ia days be-
fore the meeting at which said application
was considered and
WHEREAS. at the time and place specified
for hearing of said application, the same was
heard and fully considered by said Common
NOW THEREFORE,. be it ordained by the
Common Council of the City Of Absecon, in
the County of Atlantic, State of New Jersey {:
THAT PERMISSION BE AND is HERE
BY GRANTED to The Delaware and Atlantic
Telegraph and Telephone Company, its sue
cessors and assigns, to erect, construct, lay
and maintain all necessary poles, wires, ca
bles, cross arms, conduits. manholes, and
other fixtures and appliances for its telegraph
and telephone lines, in, upon, along, over and
under each and every of the public roads,
streets, alleys and highways of the City of
Absecon, County of Atlantic and State of New
Jersey, for the conduct of its business, sub
jeet to the following conditions:
SECTION L. That the use of the public
roads, streets, alleys and highways shall be
subject to such reasonable regulations as the
said City now has or hereafter may by ordi-
nance prescribe relative to street or highway
openings.
SECTION 2. That whenever the 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
Street Committee of said City, which is here
by authorized and empowered for and on be-
half of the Common Council of the said City
to approve or diSapprove as to location. In
case the said Street Committee disapproves
any plan or plans as to the location of any
poles, conduits or manholes, it shall desig-
nate some other location suitable for the pur-
poses of said Company which plan or plans
or copy thereof, with approval endorsed
thereon shall be filed forthwith with the
Clerk of said City, before any work shall be
SECTION 8. That all poles hereafter
erected by said Company shall be neat and
symmetrical, and the length thereof shall not
be less than twenty (20) feet above the sur
face of the ground, and shall be so located
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 installation and maintenance of it's
underground system, said Company shall not
open or cucumber more of any street, alleys
or highway than will be necessary to enable
it to perform the work with proper economy
and efficiency, nor shall it permit such open
ings to remain for a longer period than ff-
teen ISL days.
SECTION 4. That the construction of
conduits under the provisions of this ordi-
nance shall be subject to the supervision of
the Street Committee, and said Company
shall replace and properly relay with mate
rial similar to that forming part of the orig
inal surface or paving, that portion of any
sidewalk or street pavement which may have
DeeH ulSpldCeu OF udlHdSeu by II III the con-
s%truction and maintenance of its system in
said City, and keep that portion so replaced
or relaid, in repair, for the term of one year
from the date of completion of such work.
SECTION 5. That the said Company shall,
at all times while the work of constructing
and installing its underground system is in
guard the travelling public from injury by
placing sufficient and proper lights, danger
signals or other safety appliances at all pla-
ces where there is any danger of any person
suffering injury nv rpaGnn of caid uork of
construction.
SECTION 6. That the said Company shall
maintain all 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 City 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 neg
lect or failure to maintain the said appa-
ratus in good and safe order and condition.
SECTION 7. That space on the poles
erected or In the conduits constructed under
the provisions of this ordinance shall be re-
served, free of charge, for the purpose of
carrying wires of any Fire Alarm or Police
Telegraph System owned and maintained by
said City provided the said wires are placed
and maintained in such a manner as may be
prescribed by the said Company, and in no
case used to carry high tension currents.
SECTION 8. That the said Company shall,
at its sole expense, change, move or relocate
such of its conduits or manholes constructed
under the provisions of this ordinance, as
interfere with the construction of any public
service system owned and operated by the
said City.
SECTION 9. That nothing in this ordi-
nance shall be construed to grant unto the
said Company any exclusive right, or to pre-
vent a grant of similar privileges to other
companies.
SECTION 10. That the consent and priv
ileges hereby granted shall continue for a
term of fifty 800 years from the time this
ordinance is approved by the Board of Public
Utility Commissioners of New Jersey, in ac-
cordance with the statute in such case made
and provided.
SECTION IL. That this ordinance shall
not become effective unless the said Compa-
ny shall, under its seal and by its proper
officers, signify in writing its acceptance of
all the terms, conditions, regulations and re-
strictions herein contained, within thirty