Beverly banner. [volume] (Beverly, N.J.) 1877-1964, 1924-06-20
AN ORDINANCE
Continued from page one.

City of Beverly hereafter authorize, by
ordinance, the paving of any public high
way with improved paving material, and
furnish The Delaware & Atlantic Tele-
graph & Telephone Company with notice
in writing of such authorization, and a
copy Of the ordinance appurtenant there
to, within a reasonable time in advance
of the date fixed for starting the paving
work, and should the said The Delaware
& Atlantic Telegraph & Telephone Com
pany not elect to construct its under
ground works in the portion of the high
way to be paved as aforesaid, then and
in such an event the said Company shall
not be permitted to disturb the improved
paving for a period of FIVE years after
such paving work has been finished, x
cept with the Consent of Council, ex-
pressed by resolution.
SECTION 7. That space on the poles
erected, and in the conduits constructed
under the provisions of this ordinance,
may be used, free of charge, for the pur-
pose of carrying wires of any Fire
Alarm and Police Telegraph System
owned and maintained by the said City.
provided the 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 City which will result in in
terfering with or impairing the operation
or use of the said Company's property
or service, or will ~endanger its property
or employees.
SECTION g.. That the said Company
shall not cut or trim any tree or trees
standing upon or projecting over or into
any public highway without first %sectr-
ing the consent of the owner or owners
of said trees; and that the trimming
of trees shall be under the supervision
of the Shade Tree Commission when
one exists.
SECTION 9. That the said Company
shall maintain all poles. cables, wires,
conduits, ducts, mains. pipes, manholes,
and all other apparatus erected or con-
structed 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 ac-
lions, claims, suits, damages and charges,
and against all loss and necessary ex-
penditures arising from the erection,
construction and maintenance of its sys-
tenn, or from its neglect or failure to
maintain the said apparatus in good and
safe order and condition.
SECTION 10. That nothing in this
ordinance shall be construed to grant
unto the said Company any exclusive
right, or to prevent a grant of similar
privileges to other companies,
SECTION II. That the consent and
privileges hereby granted shall continue
for a term of fifty (50) years from the
time this ordinance is approved by the
Board of Public Utility Commissioners
of New Jersey, in accordance with the
Statute in such case made and provided.
SECTION IL. That this ordinance shall
not become effective unless the said
Company shall, under its seal and by its
proper officers, signify in writing its ac-
ceptance of all the terms, conditions, reg
u~lations and restrictions herein contain
ed, within thirty 500 days after %receiv-
ing notice of its passage. (
SECTION IS. That is is hereby under
stood and agreed that neither the pur-
pose nor intent, nor the obligation of
this ordinance, if and when approved by
the Board of Public Utility Commits
sioners of the State of New Jersey, is
such as to impair or in any wise affect
the exercise by said Board of any of
the powers vested in it by Chapter 1o5.
p. L. 1911, and the supplements and
amendments thereto.
SECTION Ia. That all legal advertising
or printing fees incurred by the City of
Beverly, County of Burlington, State of
New Jersey, in connection with the
passage of this ordinance, shall be paid
by the said Company.
Take notice that the above ordinance
passed its first reading before the Com
mon Council of the City of Beverly,
New Jersey, on April 3, 1924, and its sec
ond reading on June S, 1924, and that it
will receive final action before said
Common Council at a regular meeting
to be held on Thursday. July 3, 1924,
at s o'clock P. M, in the City Hall,
Beverly, New Jersey. and that said
Common Council will hear at the above
time and place, any and all persons de-
string to be heard in regard to the above
matter.
LEVI WIRE,
Dated, June S, 1924. City Clerk.
ORDAINED AND ENACTED IN
H~N A ~ ATCT< " l