The City Council may authorize any telephone, telegraph, electric light,
electric power or street railway company to construct and maintain underground
conduits, cables and wires for the conduct of the business of such company
in such of the streets and ways of the City as the City Council may deem advisable,
and to construct therein and maintain the necessary manholes and house connections
and to erect and maintain distributing poles at the termini of such conduits,
and at suitable distributing points, and may give such authority under such
conditions, restrictions and limitations as the City Council may impose, to
be expressed in the license or permit.
A plan of the exact location of every conduit or relocation thereof granted or ordered by the City Council shall be filed with the City Engineer by the company authorized or required to construct or change such conduit, and such exact location or relocation shall be approved in writing by the City Engineer before any work shall be commenced on any street under any authority granted by virtue of the provisions of §§ 141-28 to 141-37.
The surface of a street shall not be disturbed for the purpose of laying,
repairing or removing conduits without a permit from the City Council indicating
the time, manner and place of opening such street and the time within which
such work shall be completed, but this provision shall not be construed as
requiring any permit for the opening of manholes for the purpose of drawing
in, removing or repairing wires or cables.
No permit shall be granted or, if granted, be valid to disturb the surface
of a street for any of the purposes aforesaid until such company has executed
an agreement in a form satisfactory to and approved by the City Council, provided
that:
A.
In every underground conduit constructed by such company,
except by companies engaged in the transmission of electricity for heat, light
and power, one duct not less than three inches in diameter shall be preserved
and maintained, free of expense, for the use of the fire, police and telegraph
signal and telephone wires belonging to the City and used exclusively for
municipal purposes and that the Inspector of Wires, the City Electrician or
any person duly authorized by either of them shall have access to such conduits
at all times and that the City shall be allowed facilities and privileges
in putting in and taking out wires equal in all respect to those of such company.
B.
Such company shall indemnify and save harmless the City
against all damages, costs and expense whatsoever to which the City may be
subjected in consequence of the acts or neglect of such company, its agents
or servants, or in any manner arising from the rights and privileges granted.
C.
In addition to the aforesaid agreement, such company shall, before a street is disturbed for the laying of its wires or conduits, unless compliance herewith has already been made, execute a bond with surety or sureties to be approved in writing by the City Council in a penal sum of not less than $10,000, conditioned to fulfill all its agreements to the City and its duties under this chapter, including the restoration of all streets opened to their former condition according to the provisions of § 141-33. A new bond of like import may at any time be required by the City Council of any such company, which new bond shall be a strengthening bond, unless the surety or sureties on former bonds are expressly released from further liability by vote of the City Council.
D.
The company will, as soon as the conduits are constructed
and all wires and cables are placed therein and ready for use, remove from
the streets along which such conduits are constructed all its wires except
those used for long distance telephone service, those used for local telephone
distribution and any others expressly excepted by the terms of the agreement.
E.
The company will comply with any lawful order to change
its conduits, manholes and poles, that the City Council may, after a hearing
duly appointed, make.
Any company shall commence the work contemplated by any authority granted
to it within six months from the granting of the authority, unless restrained
by process of law, and shall continue the work with reasonable diligence until
suitable conduits have been laid in the location designated in the application
for authority and duly granted by the City Council.
When an opening is made in a street for any of the purposes aforesaid, the portion of the street so opened shall be restored to a condition satisfactory to the Superintendent of Highways according to the provisions of §§ 222-13, 222-14 and 222-15 and shall be kept in such condition thereafter, and, if not so restored and maintained by the company performing the work, the Superintendent of Highways shall cause the same to be done at the expense of such company.
Any company laying, repairing or removing its wires or conduits shall
not disturb or in any interfere with street railway or electric wires, or
any other wires, or any gas or water pipes, or sewers, or pipes therewith
connected, or any other pipes, unless authorized by the provisions of the
permit.
In case the City shall find it necessary to construct or enlarge sewers
or other public works in streets where conduits are laid which shall require
changing the locations of those conduits, the changing, when required by the
City Council, shall be at the expense of the company owning the conduits,
which shall forthwith make such changes under the direction of the City Council.
Any company referred to in the preceding section shall not remove its
conduits unless permitted to do so by the City Council.
Any company referred to in § 141-35 shall remove its conduits to other locations whenever ordered to do so by the City Council after a hearing duly appointed.
