Cross Reference — As to electricity, ch. 520.
[R.O. 2007 §29-1; Rev. Ords. 1951 §38.000]
Any telegraph, telephone, electric railway and electric light
and power company duly incorporated according to law, doing business
or desiring to do business in the City and having a franchise to do
so is hereby authorized to set its poles, wires and other fixtures
along and across the public roads, streets or alleys of the City,
subject to the regulations hereinafter provided or such regulations
as may be hereafter made by the City Council.
[R.O. 2007 §29-2; Rev. Ords. 1951 §38.010]
Whenever, in the judgment of the City Council, the use of any
alley for the purpose of installing or setting poles, wires and other
fixtures by a company authorized to do so by this Chapter is practicable,
the poles of such company shall be placed upon and along said alley,
instead of upon and along the street next adjoining and parallel thereto.
Where the poles are set in an alley, they shall be located as near
the side lines of the alley as practicable and in such manner as not
to hinder the public or the adjoining proprietors or residents.
[R.O. 2007 §29-3; Ord. No. 3192 §1, 4-20-1964]
The poles used as provided in this Chapter shall be of sound
timber, not less than five (5) inches in diameter at the upper end,
straight, shapely and uniform in size, neatly planed or shaved. All
wires on any such pole shall be run as high above the grade of the
street as practicable. Whenever the poles are erected on a street,
they shall be placed, in all cases when practicable, on the outer
edge of the sidewalks, just inside the curbstone and on the dividing
line dividing the lots one from the other and in no case be so placed
as to obstruct the drainage of the street or interfere with or damage
in any way the curbstone, trees or other public or private property
on the line of the street or alley which such poles shall be erected.
[R.O. 2007 §29-4; Rev. Ords. 1951 §38.030]
Before any telegraph, telephone, electric light or electric
railway company shall erect any poles upon any street or alley, they
shall submit for approval to the City Council the route of their proposed
line or lines, stating the name of the street or streets to be occupied
or if an alley, the location of each pole.
[R.O. 2007 §29-5; Rev. Ords. 1951 §38.040]
The right is hereby reserved to the City Council to at any time
direct any alteration in the location of said poles and also the height
at which the wires shall run; but before any alteration is made, at
least five (5) days' notice, in writing, shall be given the president
or local officer in charge of the company affairs of the proposed
alteration and reasonable opportunity shall be afforded to the representative
of such company or any citizen interested to be heard therein. But
when such alteration shall be ordered by the Council, such company
shall, within five (5) days thereafter, commence such alterations
and complete the same as soon as practicable thereafter.
[R.O. 2007 §29-6; Rev. Ords. 1951 §38.030]
All work of excavating, refilling and restoring the pavement
pursuant to this Chapter shall be done under the supervision of the
City Engineer or other designated official or Superintendent of Streets
and to his/her entire satisfaction and in all cases the pavement shall
be restored as speedily as possible to the same condition as it was
before.
[R.O. 2007 §29-7; Rev. Ords. 1951 §38.050]
Every telegraph, telephone, electric light and electric railway
company doing business in this City shall keep on deposit with the
City Treasurer the sum of fifty dollars ($50.00), subject to the order
of the City Engineer or other designated official, to be used by him/her
in restoring any sidewalk, gutter, street or alley pavement displaced
or injured in the erection, alteration or removal of any pole of such
company, when said company refuses or fails to make such restoration
to the satisfaction of the City Engineer or other designated official.
Any company failing to make such deposit within five (5) days after
commencing business or which shall fail to make good the amount when
any portion of it has been expended as herein provided, within five
(5) days after notice to do so has been given by the City Engineer
or other designated official, shall be deemed guilty of an ordinance
violation.
[R.O. 2007 §29-8; Rev. Ords. 1951 §38.060]
The City Council is hereby empowered to condemn any poles, wires
or other appliances of any company authorized to install the same
within the City which are upon the streets, alleys and other highways
of the City and of such size, height and shape and so located as to
constitute an obstruction to any sidewalk, gutter, drain, street or
alley or so as to obstruct the view from any window or door of any
building or to be of such shape or so located with reference to any
residence or other property to make the surroundings unsightly to
the occupants or to the public.
[R.O. 2007 §29-9; Rev. Ords. 1951 §38.070]
The location of stakes or posts in a public street, for the
fastening of cables and wires for the purpose of staying or bracing
poles is expressly prohibited. The City Engineer or other designated
official or Superintendent of Streets shall give a reasonable notice
to any such company that, at a time named in such notice, he/she will
proceed to remove such stakes or posts of any such company. All expense
incurred thereby shall be paid by the company necessitating such work
by their failure to comply with the requirements of this Chapter;
and on their failure to pay the same, the Mayor and Council shall
order suit to be instituted therefor.
[R.O. 2007 §29-10; Rev. Ords. 1951 §38.080]
No person shall stretch or extend any wire of any kind across
or along any sidewalk, street, alley or thoroughfare without permission
first having been obtained from the City Council and a permit in writing
issued therefor.
[R.O. 2007 §29-11; Ord. No. 3549 §8, 6-3-1968]
All companies coming under the provisions of this Chapter, on
the request of any person, shall remove or raise or lower its wires
temporarily to permit the moving of houses or other bulky structures.
The expense of such temporary removal, raising or lowering of wires
shall be paid by the party or parties requesting such raising or lowering
of wires and payment in advance may be required. Not less than forty-eight
(48) hours' advance notice shall be given to arrange for such temporary
wire changes.
[R.O. 2007 §29-12; Ord. No. 3549 §9, 6-3-1968]
The right is hereby granted to all companies coming under the
provisions of this Chapter to trim trees, brush or hedges upon and
overhanging the streets, alleys, sidewalks and public places of the
City so as to prevent such foliage from coming in contact with wires
and cables, all of said trimming to be done under the supervision
and direction of the City Council or of any City Official to whom
said duties have been or may be delegated.
[R.O. 2007 §29-13]
Any electrical light company, having or not having a franchise
with the City, shall not be permitted to construct electrical lines
that parallel or duplicate any electrical lines of the municipal owned
electrical system. (Special permits may be issued by the City Council
for electrical transmission lines to be constructed within the City).
[R.O. 2007 §29-14]
A.
Any
telegraph, telephone, electrical railway, TV circuit cables and electric
light and power companies shall install all wiring as follows: over
streets eighteen (18) feet, over alleys, private drives and private
property fifteen (15) feet.
B.
Telephone
cables and wires and TV circuit cables shall have a clearance of forty
(40) inches from electrical power lines. All measurements in this
Section shall mean minimum distance.
