[R. O. 1947, ch. 10, § 5]
No permit to remove from public streets, ways or places, wires,
structures and other appliances for the transmission of intelligence
by electricity or otherwise or for the purpose of light, heat or power,
and to place the same under such public streets, ways or places, in
accordance with the provisions of chapter 131 of the Acts of 1906
and acts in amendment thereof and in addition thereto, shall be valid
until the person to whom such permit shall be granted shall have executed
and filed with the city clerk a bond, satisfactory in form to the
city solicitor and with surety approved in writing by the city council
in a penal sum of not less than $10,000 and conditioned to indemnify
the city against and save it harmless from all loss, cost, damage
or expense whatsoever, to which the city may be subject in consequence
of the acts or negligence of such person, his agents or servants,
which in any manner arises from or grows out of the use and transmission
of electricity, the privileges permitted by the city, or the construction,
maintenance, operation or use of lines, wires, cables, conduits, constructions,
fixtures or apparatus. The bond shall also be conditioned to fulfill
all agreements with the city, all the orders, conditions and obligations
imposed by the inspector of wires, and all obligations and duties
required by statute and by ordinance. A new bond of like import and
with new surety shall be executed and filed whenever so requested
by the city council. Such new bond shall be a strengthening bond,
unless the sureties on former bonds are expressly released from further
liability by vote of the city council.
[R. O. 1947, ch. 10, § 6]
Whenever a permit shall be granted as mentioned in section 5-22 by the inspector of wires to construct and maintain ducts, conduits, manholes or other fixtures under public ways or places to hold or contain lines or wires for the transmission of intelligence by electricity, or for any other purpose, the person to whom such permit is granted shall, within 30 days from the date of such permit, file in the office of the city clerk a written acceptance, without reservation, of the location of such ducts, conduits, manholes or other fixtures and of all the conditions, terms and provisions contained not only in the permit but also in this Code and other ordinances of the city and shall also file as aforesaid an agreement to carry out, observe, perform and be subject to the same; and in default of such written acceptance and agreement the permit and grant of location shall be void. Such permit and grant shall likewise be void and deemed revoked unless within six months after the filing of such acceptance and agreement all the ducts, conduits, manholes and other fixtures shall have been constructed and completed, and unless within six months after such completion the electrical lines shall be constructed and put in operation. Whenever the operation of the electrical lines in any location granted shall be discontinued for six months, the permit and grant shall cease and be of no further effect.
[R. O. 1947, ch. 10, § 7]
Every petition presented to the inspector of wires for permission
to lay conduits to contain wires for the transmission of electricity
shall be accompanied by a plan or specifications showing the exact
proposed location of each conduit, manhole and distributing pole.
A plan showing the exact location of each conduit, manhole and distributing
pole shall be filed with the inspector of wires.
[R. O. 1947, ch. 10, § 8]
Whenever the inspector of wires shall so request, every person
operating electrical or other wires, ducts, conduits or manholes under
any public way or place shall within 15 days furnish a plan showing
the particular location of all such ducts, conduits and manholes and
the usage to which the respective ducts in such conduits are put,
with specifications of the average volts charged and current used
and the tested strength. Such plans shall also show the kind and number
of lamps or motors connected with any electrical circuit, all other
electrical appliances and in general the method of installation, operation,
maintenance and repair, and shall be in form and size satisfactory
to such inspector.
[R. O. 1947, ch. 10, § 9; Ord.
No. 1096, § I, 11-25-2014]
Every person owning, operating or leasing any wires, ducts,
conduits, manholes, electrical structures or appliances under the
surface of any street or way shall comply with all rules and requirements
of the inspector of wires with respect to the quality of wires, ducts,
conduits, manholes, distributing poles, structures and other appliances
and with respect to their installation, removal and repair. The inspector
of wires shall be allowed access to all wires, ducts, conduits, manholes,
structures, appliances and apparatus at all reasonable times.
All work of installation, changing or repairs shall be done
in a thorough manner and to the satisfaction of the inspector of wires.
Where the street has been opened, it shall be restored to a condition
which is acceptable to the Commissioner of Public Services.
[R. O. 1947, ch. 10, § 10]
In every underground conduit used by the New England Telephone
and Telegraph Company, and in such other underground conduits deemed
by the superintendent of fire alarm and police signal systems to be
required for that purpose by reason of public necessity and convenience,
sufficient and necessary space, as determined by such superintendent,
shall be reserved and maintained, free of charge, for the use of the
fire alarm, police and other telegraph and telephone signal wires
belonging to the city and used exclusively for municipal purposes.
Such superintendent shall be allowed reasonable facilities and privileges
in putting in, taking out or repairing the city’s wires.
[R. O. 1947, ch. 10, § 11; Ord. No. 132, § 1; Ord. No. 1096, §§ II—VI, 11-25-2014]
The surface of a street, way or bridge shall not be disturbed
for the purpose of laying, repairing, changing or removing lines,
wires, conduits or manholes, or erecting, altering or removing distributing
or other poles or fixtures used for carrying electrical lines or wires,
without a permit in writing from the Commissioner of Public Services,
indicating the time, manner and place of opening such street, way
or bridge 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 and cables.
Whenever a manhole is opened, the person by whose authority
the same is done shall place a suitable metallic guard rail around
the opening, with a signal flag at least one foot square displayed
therefrom.
Whenever any opening is made in any public way or bridge for
any of the purposes aforesaid, such public way or bridge shall be
promptly restored by the person owning or operating the lines, wires,
ducts, conduits or manholes, or making such repairs, to a condition
satisfactory to the Commissioner of Public Services, and the portion
of the public way or bridge so opened shall be kept and maintained
in such condition by such person, for one year thereafter; and if
not immediately so restored, kept and maintained, such commissioner
may cause the same to be done at the expense of such person, without
previous notice of the intention to do so.
The Commissioner of Public Services, after the granting of a permit by the inspector of wires, shall, upon the application of the inspector of wires or of any person interested, issue all permits for opening and occupying the streets which may be necessary to carry out the intent of sections 5-22 to 5-35 inclusive.
The Commissioner of Public Services may require the applicant
for a permit for the opening and occupancy of any such street, way
or bridge to file a bond, in such amount, and with such sureties,
if any, as may be satisfactory to him, and in a form approved by the
city solicitor, conditioned upon full compliance with all terms, provisions,
conditions and requirements of such permit, and upon the keeping,
maintaining and restoring of such street, way or bridge covered by
such permit in the manner and condition required by this chapter or
as may be required or prescribed by the Commissioner of Public Services
upon the granting of such permit.
[R. O. 1947, ch. 10, § 12]
Any person in laying, repairing or removing his wires or conduits
shall not disturb or in any way interfere with the gas or water pipes,
or sewers, or pipes connected therewith or with the wires, conduits,
manholes or appliances of any other person.
[R. O. 1947, ch. 10, § 13]
Upon the completion of a conduit in any public way or place,
the person owning, leasing or operating the same shall forthwith remove
from above the surface of such public way or place all wires, cables
and conductors and all poles or structures used in such way or place
to support wires, cables or conductors, except when, in the judgment
of the inspector of wires, it is impracticable or inexpedient to remove
such wires, cables, poles, conductors or structures.
[R. O. 1947, ch. 10, § 14; Ord.
No. 1146, § II, 9-29-2015]
Whenever the city shall construct, enlarge, relocate, regrade,
repair or alter any street, way or bridge where conduits and wires
are laid, or the sewers, water pipes or other public services in any
such street, way or bridge, if in the opinion of the inspector of
wires such conduits and wires, or the fixtures appertaining thereto,
require removing, relocating, or repairing, such removing, relocating
or repairing shall be done without delay at the expense of the person
owning or operating the same. If not immediately so removed, relocated
or repaired, the inspector of wires may cause such removing, relocating
or repairing to be done without previous notice of the intention to
do so, and the expense thereof shall be repaid to the city by the
owner.
[R. O. 1947, ch. 10, § 15]
The inspector of wires shall have supervision of all wires under
the streets and public places and of all conduits and other structures
holding, supporting or containing such wires. Whenever any such wires,
conduits or other structures are in his judgment unsuitable or unsafe,
the person owning or operating the same shall immediately upon his
request repair or replace the same to his satisfaction. If not immediately
repaired or replaced, the inspector may cause such repairs or substitutions
to be made, without previous notice of the intention to do so, and
the expense thereof shall be repaid to the city by the owner. The
inspector of wires may cause abandoned wires, conduits or other electrical
structures to be removed.
[R. O. 1947, ch. 10, § 16]
Any person hereafter owning underground conduits in any public
way or place in the city shall lay underground conduits in every other
public way or place in which such person maintains or wishes to maintain
poles, cables or lines of wires, whenever the inspector of wires,
after due notice and hearing, shall adjudge that public convenience
and necessity so require, and such conduits shall be laid under the
provisions of this chapter. Any person owning underground conduits
in any public way or place in the city shall place his wires in any
street in an aerial cable if so ordered by the inspector of wires,
and within such time, in such manner and at such height as he shall
direct.
[R. O. 1947, ch. 10, § 17]
All permits granted by the inspector of wires to construct ducts,
conduits, manholes, distributing poles, wires or other fixtures for
electrical lines under public ways and places may be revoked, either
in whole or in part, whenever, after notice and hearing, the city
council shall adjudge that public convenience and necessity so require;
and the city council may order the removal of such ducts, conduits,
manholes, distributing poles, wires or other fixtures as it may deem
necessary. Whenever any ducts, conduits, manholes, distributing poles,
wires or other fixtures are so ordered to be removed, such removal
shall be done by and at the expense of the owner, in conformity to
the order, within 30 days after notice; and if not so removed, the
city council may cause such removal to be made and the expense thereof
shall be repaid to the city by the owner. In case the location in
any street shall be revoked, the inspector of wires shall grant a
substitute location in that or some other street which will in his
opinion accommodate the service.
[R. O. 1947, ch. 10, § 18]
The inspector of wires may order that the location of any conduit,
manhole, fixture, wire or distributing pole shall be changed whenever
he may deem such change necessary.
Whenever the position of any such conduit, manhole, fixture,
wire or distributing pole is so ordered to be changed, such change
shall be made by and at the expense of the owner, in conformity to
the order, within 30 days after notice; and if not so changed, the
inspector of wires may cause such change to be made and the expense
thereof shall be repaid to the city by the owner. No company owning
such conduits shall remove the same unless permitted to do so by the
inspector of wires.
The inspector of wires may, after due notice and hearing, order
any changes in such conduits, manholes or distributing poles that
he may adjudge public convenience and necessity require.
