Beverly banner. [volume] (Beverly, N.J.) 1877-1964, 1924-08-22

owned and operated by the said City.
SECTION S. That whenever conduits
are to be laid or constructed in, under
and along any public highway where no
curb lines have been officially estab-
lished, or public service underground
system owned and operated by the City
| of Beverly has been placed therein the
said Company shall reimburse the said
City for the actual cost of having the
necessary survey made by its Engineer
{ to determine and show the exact and
proper location in which such conduits
I shall be placed.
SECTION 8. That should the said
City of Beverly hereafter authorize, by
ordinance, the paving of any public high
way with improved paving material, and
furnish The Delaware 4 Atlantic rele-
graph 4 Telephone Company with notice
IN writing of such authorization, and
copy of the ordinance appurtenant there
to, within reasonable time in advance
OF the date fixed for starting the paving
work, and should the said The Delaware
4 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 period of five years after
such paving work has been finished, ex-
cept with the Consent of Council, cx-
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 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
tertering with or impairing the operation
or use of the said Company's property
or service, or will endanger its property
or employees.
SECTION 8. 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 secur-
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 g. 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-
tons, 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 TO- 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 H. That the consent and
privileges hereby granted shall continue
for 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 H. 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
ulations and restrictions herein contain
ed, within thirty (30) days after receiv-
ing notice of its passage.
SECTION 49, 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 1875,
P. L. 1911, and the supplements and
amendments thereto.
SECTION H. 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
ORDAINED AND ENACTED IN
TO AN ORDINANCE this 7th day
of August A. D. 1924.
ATTEST:
LEVI WIRE,
City Clerk.
CHARLES j. PARSONS.
President of Council.
APPROVED this 7th day of August
A. D. 1924.
EDWARD Herring,
Mayor
/ HEREBY CERTIFY that the fore
going is true and correct copy OF an
ordinance enacted by COUNCIL OF the
Civ of Beverly, Burlington County, N.
J. on the eth day of August,
A. D. 1924, and approved by the
Mayor on the 18th day of August,
A. D. 1924.
LEVI WIRE.
Civ Clerk.