[HISTORY: Derived from Art. III of Ch. VII of the Charter
and Ordinances, 1974, of the City of Buffalo. Amendments noted where
applicable.]
It shall be the duty of every corporation, company or individual
owning or controlling any telegraph, telephone or electric light wires
or cables, or the poles or appliances used in connection therewith,
now located in or over any of the streets, alleys or public grounds
in the City of Buffalo hereinafter described to remove or cause to
be removed from in and above the surface of said streets, alleys and
public grounds all such wires, cables or poles and appliances within
six months from the enactment of this chapter, and any corporation,
company or person who shall refuse, neglect or omit to comply herewith
shall forfeit and pay a penalty of not less than $100 nor more than
$250 for each and every week he or it shall so refuse, neglect or
omit after the expiration of said six months and shall be compelled
by mandamus to comply herewith.
The streets and parts of streets, alleys and public grounds
to which this chapter relates are as follows: Main Street, Pearl Street
and Washington Street between the southerly side of Exchange Street
and the northerly side of Chippewa Street, Seneca Street between the
westerly side of Pearl Street and the easterly side of Michigan Avenue;
and Exchange Street between the westerly side of Main Street and the
easterly side of Michigan Avenue.
A.
The Commissioner of Public Works is hereby authorized and directed to extend the districts defined in § 330-2 of this chapter, not to exceed, in the aggregate, 9,240 feet, street measurement, in the year 1907; not to exceed, in the aggregate, 18,480 feet, street measurement, in the year 1908; not to exceed, in the aggregate, 15,840 feet, street measurement, in the year 1909; and not to exceed, in the aggregate, 10,560 feet, street measurement, each year thereafter. On or before the first day of March in each year, except in the year 1907, said Commissioner shall define the limits of such enlarged district for such year and report the same to the Common Council for its action thereon; and immediately upon the approval or amendment by the Common Council of the enlarged district so reported, said Commissioner of Public Works shall notify each corporation, company or individual maintaining telegraph, telephone or electric light or other wires or cables overhead in any of the streets, alleys, public ways or public grounds in such district to remove such wires, cables and the poles and appliances connected therewith before the first day of January following such notice or such later time as shall be not less than six months from the service thereof. Said notice shall specify date when the work of such removal must be done, which shall be not less than six months from the date of service of the notice. For the year 1907, such enlarged district shall be reported by said Commissioner to the Common Council as nearly as practicable on the first day of June; and after approval or amendment thereof by the Common Council, the notice hereby required to be given by said Commissioner shall be given as nearly as practicable upon the 15th day of June 1907. No person, company or corporation shall be excused from the obligation of removing the wires from overhead in such enlarged district in any year by reason of the failure of said Commissioner to serve the notice hereby required to be given.
B.
In defining the enlarged district from year to year, said Commissioner
shall give preference first to the territory bounded as follows: beginning
at the intersection of Chippewa Street and Delaware Avenue; running
thence east along Chippewa Street to Washington Street; thence north
along Washington Street to the north bounds of Washington Market,
thence east along the north bounds of Washington Market to Ellicott
Street; thence south along Ellicott Street to Exchange Street; thence
west along Exchange Street to the Terrace; thence continuing northwesterly
along the Terrace to Delaware Avenue; thence northerly along Delaware
Avenue to Chippewa Street at the place of beginning.
C.
The streets mentioned in Subsection B or in any notice given pursuant thereto shall be deemed included in said territory or in the district defined.
D.
Upon the completion of the work in the territory last above described,
said Commissioner, in defining the enlarged district from year to
year, shall give preference to the following described territory:
Main Street, from Chippewa Street to Ferry Street; Main Street, from
Exchange Street to the Buffalo River; Genesee Street, from Ellicott
Street to Fillmore Avenue; Broadway, from Ellicott Street to Fillmore
Avenue; William Street, from Michigan Avenue to Fillmore Avenue; Seneca
Street, from Ellicott Street to Fillmore Avenue; Perry Street, from
Main Street to Chicago Street; Delaware Avenue, from Chippewa Street
to Gates Circle; Edward Street, from Main Street to Virginia Street;
Elmwood Avenue, from Virginia Street to Forest Avenue; Linwood Avenue,
from North Street to Ferry Street Niagara Street, from Niagara Square
to Albany Street; South Park Avenue, from Abbott Road to the City
line; Michigan Avenue, from Scott Street to Fulton Street; East Market
Street, from Scott Street to Fulton Street; West Market Street, from
Scott Street to Fulton Street; West Bennett Street, from William Street
to Clinton Street; East Bennett Street, from William Street to Clinton
Street; Gibson Street, from Broadway to the south bounds of the Broadway
Market, Lombard Street, from Broadway to the south bounds of the Broadway
Market; provided, however, that said Commissioner shall include in
the district last above defined in the notice given for the year 1912
the following streets, which shall be substituted for an approximately
equal amount of work in such district as hereinbefore defined and
shall not be deemed an additional requirement. Ferry Street, between
Niagara Street and Main Street; and Grant Street, between Hampshire
Street and Forest Avenue; it being hereby required that all poles
and all overhead wires, cables and appliances shall be removed in
the year 1912, and all such wires, cables and necessary appliances
shall be buried during said year or as soon thereafter as practicable
without detriment to the service, and provided that the Commissioner
of Public Works shall include in the district defined in the notice
given for the year 1916 Jefferson Avenue from Swan Street to East
Ferry Street, which shall be substituted for the amount of work for
said year in such district as hereinbefore defined and shall not be
deemed an additional requirement; and provided, further, that, during
the years 1916 and 1917, all overhead wires, cables and appliances
remaining in the streets shall be removed from the district bounded
as follows: beginning at the intersection of Michigan Avenue and the
Buffalo River, running along said river to Main Street, to the Upper
Terrace, to Genesee Street and South Elmwood Avenue, to Edward Street,
to Main Street, to Goodell Street, to Michigan Avenue, to the Buffalo
River and the place of beginning, and provided that the Commissioner
of Public Works shall include in the district defined in the notice
for the year 1918 Genesee Street, from Jefferson Avenue to Haven Street,
and Clinton Street, from Michigan Avenue to Jefferson Avenue, a total
of approximately 16,800 feet, street measurement, for the year 1918,
and provided that the Commissioner of Public Works shall include in
the district defined in the notice for the year 1919 Sycamore Street,
from Michigan Avenue to Fillmore Avenue; and Eagle Street, from Michigan
Avenue to Jefferson Avenue, a total of approximately 11,700 feet,
street measurement, for the year 1919.
Where the Commissioner of Public Works is satisfied that permission
for the maintenance of distributing poles on private property cannot
be obtained at reasonable expense or they cannot be placed in public
alleys, such necessary distributing poles may be erected and maintained
in the streets, alleys and public places in locations to be designated
by the Commissioner of Public Works. Such permits of the Commissioner
shall be subject to revocation by the Common Council.
The refusal or neglect on the part of any corporation, company or individual to comply with the notice of the Commissioner of Public Works herein provided for or with § 330-3 and § 330-4 of this chapter shall subject the offender to the penalty prescribed in § 330-1 of this chapter, and compliance with any such notice shall be enforced, so far as practicable, by the City by mandamus proceedings.
The Commissioner of Public Works is hereby authorized and directed to extend the districts defined in § 330-2 and § 330-3 of this chapter not to exceed 21,120 feet (four miles), street measurement, in the year 1930, and a like amount each year thereafter. For the year 1930, the Commissioner of Public Works shall certify the four miles of streets for that year on or before April 15, 1930, and on or before March 1 in all subsequent years until the year 1981. Thereafter, the Commissioner shall certify the four miles of streets upon three months' prior notice.
Any corporation, company or individual owning or controlling
any wires or cables, or the poles or other appliances therefor, which
are or may be in and above the surface of any street, alley or public
grounds or any part thereof from which the Common Council shall, by
ordinance, require that the wires or cables or poles or other appliances
therefor be removed may place such wires, cables or other appliances
in conduits under the surface of any street or alley or public ground
upon compliance with and subject to the following regulations and
restrictions:
A.
Not more than one conduit, other than an electric light conduit,
shall be laid in any street, alley or public ground without special
permission of the Common Council; and after any corporation, company
or individual shall have manifested its intention, as hereinafter
provided, of laying a conduit, other than electric light wire conduits,
in any street, alley or public ground, no other corporation, company
or individual shall place its wires or cables under the surface of
such parts of such streets, alleys or public grounds, except upon
making some arrangement with the corporation, company or individual
first manifesting such intention to enter or use the conduits of such
first corporation, company or individual.
B.
The corporation, company or individual desiring to place a conduit
under the surface of any street, alley or public ground or part thereof
shall first apply to the Common Council by written petition, signed
by the real applicant, which petition shall specify all streets, alleys
or public grounds or the parts thereof and the sides and portions
thereof proposed to be used and the size of the conduits proposed
to be used and the depth of the same as proposed to be placed and
shall be accompanied by a map or profile and specification which shall
accurately show the proposed location of the conduit with reference
to the street and the dimensions and material of the conduit, which
map, profile and specification shall, after being finally corrected,
be filed and kept in the office of the Division of Engineering. Such
application shall at once be referred to the Commissioner of Public
Works for approval, and the proposed location shall be changed as
shall be directed by the Commissioner of Public Works in his report
upon such reference, and such map or profile and specifications shall
be altered accordingly and at the expense of the applicant.
C.
At the time of making application under Subsection B of this section, the applicant shall file with the Comptroller a bond to the City of Buffalo in the penalty and with sufficient sureties in a sum of not less than $100,000, conditioned that no excavation or obstruction will unnecessarily be made, placed or continued and that any excavation or obstruction made or placed in any street, alley or public ground at any time for any purpose whatever by the applicant, his or its agents or servants, contractors or assignees shall be properly guarded by the applicant and that any pavement at any time or for any purpose whatever torn up or displaced by said applicant shall be properly and speedily replaced and shall at all times, for the period of five years thereafter, be kept in proper repair by the applicant and that the applicant will assume and pay all damages for injuries to persons or to the property of any person or corporation, as well as to the City of Buffalo, resulting from or occasioned by or growing out of the laying or constructing of its conduits or the maintenance of the same and shall fully indemnify and save harmless the City of Buffalo from and against all claims, actions or suits at law or in equity of any name or nature for damages to person or property resulting from, occasioned by or growing out of the omission of such applicant or its or his servants, agents, contractors or assignees to properly guard any excavation or obstruction at any time or for any purpose whatever made, placed or caused in any street, alley or public ground or the omission to properly or speedily replace and repave any opening or to keep said repavement in proper repair and that the applicant will pay all expenses of the City in supervising the construction of its conduits or in the doing of any work made necessary by the neglect or refusal of the applicant to construct such conduits in the manner approved by and as directed by the Commissioner of Public Works. Said bond shall contain a further condition that the liability thereunder shall not be deemed to have expired until the filing in the office of the Comptroller of a certificate from the Commissioner of Public Works that the terms thereof have been fully complied with. Such bond shall be renewed from time to time as the Common Council may direct.
D.
All work proposed to be done by said applicant shall be done under
the direction of the Department of Public Works. Said Department of
Public Works shall, at the expense of the applicant, employ an inspector
or inspectors to have charge of the work of construction. In case
said applicant shall neglect or refuse to do and perform such work
of construction in a manner satisfactory to and approved by the Department
of Public Works, then said Department may require that said work shall
be stopped, or it may complete said work in a proper and satisfactory
manner and charge the expense thereof to and collect the same from
said applicant.
E.
Any company, corporation or individual so placing its wires underground
in any street, alley or public ground of said City shall, upon notice
from the City or any of its departments that a local improvement or
sewer or water main or branch thereof is to be constructed or repaired
in such manner as will necessitate the moving or altering of the conduit
or conduits of said company, corporation or individual, move or alter
the same at his or its own expense so as to permit the construction
or repairing of the improvement where ordered; and should any such
person, company or corporation omit to comply with such notice, the
conduit or conduits may be altered or moved by the City of Buffalo
and the cost and expense thereof recovered from said person, company
or corporation.
F.
No person, company or corporation shall hereafter erect or construct
any underground conduits, wires, cables or electrical appliances of
any kind in any of the streets, alleys or public grounds of the City
of Buffalo without permission of the Common Council so to do, obtained
in the manner by this chapter prescribed, under a penalty of $100
for each and every offense; and the Common Council shall have general
powers to designate the streets and the location within the streets
where any conduits may be laid.
A.
None of the provisions of this chapter shall affect the right of
any individual, company or corporation to erect or maintain wires
used for call boxes or burglar alarms where the same are not attached
to or connected with poles in any street, alley or public ground,
provided that the same shall be run over the tops of buildings or
private grounds, except the street crossings.
B.
Nothing herein contained shall in any manner affect the grants heretofore
made by the Common Council to the Bell Telephone Company of Buffalo
by resolution of the Common Council April 26, 1880, and adopted April
18, 1887.
Any person, company or corporation, not included in the provisions of § 330-1 of this chapter, desiring to place wires or electrical conductors of any kind in conduits under the surface of any street, alley or public ground shall first apply to the Common Council by petition and in all respects as provided in § 330-7B of this chapter. The same proceedings shall be taken and had with such application as are required by said subsection, and a bond shall be filed in the sum and condition in all respects as provided and required by § 330-7C of this chapter, and all of said subsection shall be applicable thereto. The provisions of § 330-7D, E and F and § 330-8 of this chapter shall also be applicable to such petition, and permission shall be granted to any such person, company or corporation upon the following additional conditions:
A.
Said applicant shall construct, within eight months after the date
of such permission, not less than two miles of the conduit proposed
to be laid by such applicant or so much in extent thereof as the Common
Council shall, by resolution, determine and direct; and in case of
noncompliance with this condition, said applicant shall thereupon
forfeit all rights acquired under such grant or permission.
B.
All underground conduits shall be of sufficient capacity to accommodate
the wires of such applicant and all other electrical wires of other
companies, except electric light wires in the streets, alleys and
public grounds in which permission is asked to lay such conduits.
Such conduits shall be of a capacity which shall allow an increase
of such electrical wires therein to the extent of at least 50% over
the number then in use in said streets, alleys and public grounds.
C.
All wires belonging to or maintained by the City of Buffalo shall
be carried in such conduits free of charge.
D.
The owners of such other wires as are specified in Subsection B may occupy such conduits upon such terms as may be agreed upon with the petitioner; and in case of a disagreement upon the terms, such terms shall be determined by arbitration as follows: Said applicant shall designate one arbitrator, and said owner or owners of any conduit so applied to shall designate another, and those two shall designate the third; and in case the parties in interest cannot or do not agree upon such third arbitrator or do not designate said two arbitrators, or either of them, within 30 days after the application for such use, the Mayor of the City of Buffalo shall appoint some disinterested citizen and taxpayer of said City as such third arbitrator or shall so appoint all of such arbitrators not designated or agreed upon; and the decision of the majority of said arbitrators as to the terms and conditions of using the conduit or conduits shall be obligatory on both parties and shall constitute the terms and conditions upon which such applying party, other than electric light companies, shall enter, use and occupy said conduit or conduits.
E.
If permission is asked of said Common Council to lay any conduit in said street, alley or public ground in which the wires owned by the City may be safely carried and where a conduit is already laid down in which space is provided for wires owned or maintained by the City or where a conduit providing such space for such wires of the City is already laid down in the next adjacent parallel street, then said applicant shall pay to the City of Buffalo annually the sum as provided in Chapter 175, Fees, for the right and franchise to lay, construct and maintain such conduits in the streets of said City.
A.
Any person, company or corporation desiring to place a conduit for electric light wires under the surface of any street, alley or public ground or part thereof within the limits of the City of Buffalo may have such permission upon complying with all the requirements contained in so much, of § 330-7 of this chapter as precedes Subsection B of said section and upon and subject to the following conditions:
(1)
The person, company or corporation shall construct and lay in the
street, alley or public ground conduits of sufficient capacity to
accommodate the wires of such applicant and all other electric light
wires of other persons, companies or corporations then in use overhead
in the street, alley or public ground in which permission is asked
to lay such conduit, and the conduit shall be of a capacity which
will allow an increase of such electrical wires therein to the extent
of at least 50% over the number then in use in such street, alley
or public ground at said time.
(2)
The owner of such other electric light wires as are overhead in the
street, alley or public ground or part thereof mentioned in the petition
may occupy such conduits upon such terms as may be agreed upon with
the petitioner, and in case of a disagreement upon the terms, such
terms shall be determined by arbitration as follows: The party desiring
to use such conduit shall designate one arbitrator, and the owner
of the conduit shall designate another, and the two so designated
shall designate a third; and in the case the parties thus empowered
cannot or do not agree upon such third arbitrator or the parties in
interest do not designate said two arbitrators, or either of them,
within 30 days after application shall be made to the owner of the
conduit for such use thereof, the Mayor of the City of Buffalo shall
appoint some disinterested citizen and taxpayer of said City as such
third arbitrator or shall so appoint all of such arbitrators not designated
or agreed upon; and the decision of the majority of said arbitrators
as to the terms and conditions of using the conduit shall be reduced
to writing and signed by the arbitrators or a majority of them and
filed with the Comptroller of said City and shall be obligatory upon
both parties and shall constitute the terms and conditions upon which
the party so desiring to use the conduits of the other may enter,
use and occupy such conduit, provided that the owner of any such wires
heretofore erected in the street, alley or public ground referred
to shall not, by submitting to arbitration as herein provided, incur
any liability or obligation thereby unless it shall desire to avail
itself of the privilege of entering the conduit.
B.
It shall not be necessary for any company or corporation to comply
with any of the conditions of the sections of this chapter anew that
it has already complied with.
C.
Any grant obtained hereunder shall be subject to such further ordinances
as the Common Council may enact.
No telegraph or telephone or electric light wires or poles shall
be strung or erected in, upon or over any public street, alley or
grounds without permission from the Common Council. All such poles
hereafter erected for new lines or to replace other poles shall be
placed at such places as shall be designated by the Commissioner of
Public Works, and any pole erected without such designation shall
be forthwith removed, and the company owning or erecting such pole
shall forfeit and pay a penalty of $25.
Whenever any person or corporation shall have received permission
to construct and maintain conduits for electric light or other wires
in, under and through any public streets, alleys or grounds in the
City of Buffalo, and in the work of constructing or maintaining such
conduits it shall be necessary to displace or in any way interfere
with any street pavement, for the maintenance or repair of which any
person or corporation shall have given security or bonds, no work
shall be done in said street or streets until the person or corporation
owning such conduit shall have filed with the Comptroller and Commissioner
of Public Works duplicate consents duly executed by the person or
corporation guaranteeing such pavement or repairs, together with the
bondsmen who signed such guaranty or bonds, consenting that such pavement
may be displaced without in any way releasing said guarantors or bondsmen
from their liability to the City for the maintenance and repair of
said pavements.
The provisions of this chapter shall apply to all grants heretofore
made to any person or corporation to construct and maintain conduits
in, through or under any of the public streets, alleys or grounds
in the City of Buffalo where the same are not inconsistent with the
express terms of said grants.
A.
For the sake of convenience, in §§ 330-14 through 330-21 inclusive, electric light and power wires, other than railway wires of a potential not exceeding 700 volts, are termed "Group A wires"; telegraph, telephone and similar wires are termed "Group B wires"; and railway wires of potential not exceeding 700 volts are termed "Group C wires."
A.
No wires of one group shall be placed on the same crossarm with wires
of another group. When Group A and Group B wires, run horizontally
from one pole to another, are placed on the same pole, the Group A
wires shall occupy the upper position on the pole, and the uppermost
crossarm for Group B wires and the uppermost Group B horizontally
run cable shall be not less than four feet below the lowest crossarm
for Group A wires.
B.
When Group B and Group C wires, run horizontally from one pole to
another, are placed on the same pole, the Group C wires may be placed
below the Group B wires, in which case the uppermost Group C crossarm
shall be not less than four feet below the lowest crossarm for Group
B wires or the lowest horizontally run Group B cable. Where Group
C wires are run above Group B wires or other Group B attachments,
they shall be placed in accordance with the requirements for Group
A wires.
C.
Horizontally run Group C wires shall always be run below horizontally
run Group A wires.
Group A, B and C lead-sheathed cable shall be protected by wooden
molding or enclosed within a conduit of solid insulating material
wherever such cable shall be run vertically upon the pole between
a point not less than 40 inches above and a point not less than six
feet below any wire, connection or attachment of another group, except
properly run vertical attachments of another group.
No part of any transformer connected to Group A wires shall
be placed less than 40 inches above or below Group B wires or attachments,
except vertically run Group B attachments. One side of the pole shall
be kept clear of transformers to permit free space for climbing.
Each guy attached to a pole on which there are both Group A
and Group B attachments or Group B and Group C attachments shall contain
a strain insulator, placed not less than six feet from the pole, said
distance being measured horizontally. As far as practicable, each
strain insulator shall have the following qualifications:
Group A or Group C wires must not be placed on the same pole
with Group B wires unless the voltage does not exceed the following
normal operating values: constant-potential metallic circuits: 5,000
volts; alternating-current series circuits: 5,000 volts; direct-current
series circuits: 7,000 volts; and direct-current railway circuits:
700 volts, except that, where alternating- or direct-current series
circuits do not exceed seven and one-half (7 1/2) amperes, voltage
may be increased to 10,000 volts and that all the abovementioned wires
shall be covered when installed with at least a standard weatherproof
insulation.
A.
In all cases where metal ropes or chains are used to raise and lower
are lamps, a breaker shall be placed thereon.
B.
All work performed in the streets or public grounds or public buildings
of the City for any public service corporation or other person, firm
or corporation upon electric wires of a potential of 440 volts or
more shall be done by two linemen, each of whom shall have had at
least three years' practical experience upon work of that kind.
