A. No posts, poles, structures or supports used for supporting
electric or other wire and no wires used or to be used for conducting
electricity, shall be placed in, over or under any street, square,
land or alley in the Village without permission of the Board of Trustees.
B. Such permission shall not become operative, take effect
or have any validity until the person to whom it is granted, files
with the Village Clerk a written agreement assenting to the condition
contained in this article, accepting said permit subject thereto and
promising to abide by and perform all the conditions and provisions
of the Municipal Code relating thereto and all provisions thereafter
enacted amendatory thereof or supplementary thereto.
Every application to the Board of Trustees for
such permit shall state the intended location of each pole and wires
and the purpose for which such pole and wires are to be used, and
if required by the Board of Trustees shall file a map of proposed
construction.
Every person erecting, maintaining or using
such poles, structures, supports or wires shall indemnify and save
harmless the Village of Depew, its officers, agents and servants from
and against all claims and demands for injuries or alleged injuries
to persons or property occasioned by the existence of such poles,
posts, structures, supports or wires, or by the transmission of electric
currents by means thereof; and the said Village, the Board of Trustees
or its officers, agents or servants exercising the rights, powers
and permission herein, shall not be held liable by such person on
account thereof or by reason of any injury or damage caused thereby.
The wires, posts, poles, structures and supports
of the fire alarm system shall at all times take precedence and right
of way as to all other wires, posts, poles, structures and supports
maintained and erected in the Village, and no lineman or any other
person either in erecting wires, posts, poles, structures or supports
or in any way whatsoever shall interfere with or disturb, disarrange
or change the fire alarm or any appurtenance thereof.
A. All poles for telegraph, telephone and electric lights
shall be straight, properly trimmed and painted and shall be of iron,
cedar, chestnut, hard pine or such other material as may be directed
by the Superintendent of Public Works.
B. Wherever any wires shall cross any street or way,
they shall be at a height of not less than 25 feet above said street
or way and cross at right angles unless otherwise directed by resolution
of the Board of Trustees.
All poles now standing or to be hereafter erected
shall be branded or stamped with the initials of the company owning
them at a point not less than five or more than seven feet from the
street surface, and when a pole is occupied by wires belonging to
more than one company, each group of cross arms or when necessary
the support of a single wire of different ownership must be designated
by some characteristic paint, mark or fastening.
All broken and dead wires and all wires, poles
and fixtures not actually in use must be removed from the streets,
avenues, and highways of the Village. When an old pole is taken down,
it must be removed from the street the same day. New poles must not
be brought upon any street more than two days previous to their erection.
Any pole that shall lie on any street more than two days shall be
removed at the expense of the party owning it.
Whenever any person maintaining electric wires
in any street shall make any alteration in the arrangement of such
wires or move any poles or shall make any addition to those already
in operation, such person shall forthwith notify the Village Clerk
that such work is being done.
On all streets where curbstones are set all
poles shall be erected between the sidewalk and the curb and where
there are no curbstones the poles shall be erected so as not to interfere
with the gutters, and the Board of Trustees may by resolution direct
at what place or places poles may be erected. No poles shall be erected
within 10 feet of any hydrant, nor so as to interfere with any water
pipes, driveways or intersection of a street.
No two lines of poles shall be erected or maintained
on any street or avenue and on any street where there is more than
one line of poles one of said lines of poles shall upon direction
of the Board of Trustees, be removed and all the wires placed on a
single line of poles. No poles shall be erected in any street containing
a conduit for the reception of electrical conductors.
In case of fire, the Chief of the Fire Department
shall have full power and authority to order and cause any electric
wires to be cut and removed and electric currents discontinued until
the fire is extinguished.
No wires for the transmission of electricity
shall be attached to the poles of the fire alarm system except by
permission of the Board of Trustees.
The Village reserves the right to place wires
on all telephone, telegraph, electric light and other poles erected
in the Village at least two feet below the other wires for use in
connection with the fire alarm system or for any other Village purpose,
and every person erecting or maintaining such poles shall, when directed
by the Board of Trustees properly affix thereto on the space reserved
as aforesaid, and cause to be kept in proper repair and condition,
an arm, bracket, or other fixture as may be directed by the Board
of Trustees for the exclusive use of the Village.
Every person erecting, maintaining or using
structures, supports or wires within the public streets of the Village
of Depew shall change the location of such poles, structures, supports,
and wires, when directed so to do by resolution of the Board of Trustees
if such Board shall determine that such change is necessary on account
of any public improvement.