From and after the passage of this chapter,
it shall be unlawful for any person, firm or corporation to erect
any pole or fixtures or to string any wires or cables, except as hereinafter
provided, in any of the streets, avenues, alleys, public grounds and
squares of that portion of the City of Albany which is bounded and
described as follows: Commencing at the intersection of the south
line of Madison Avenue with the Hudson River and running thence along
the south line of Madison Avenue to the west line of Eagle Street,
thence along the west line of Eagle Street and a line in continuation
thereof to the north line of Clinton Avenue, thence along the north
line of Clinton Avenue and the north line of Quackenbush Street to
the Hudson River, thence along the Hudson River to the place of beginning.
All persons, firms and corporations owning or maintaining poles, fixtures, wires or cables in any of the streets, avenues, alleys, public grounds and squares of that portion of the City of Albany described in § 323-77, are hereby ordered and directed to remove said poles, fixtures, wires and cables therefrom within two years from January 1, 1906, and to place all wires and cables thereafter used by such persons, firms and corporations in operating telegraph, telephone, electric or messenger service in underground conduits as hereinafter authorized; provided, however, that wires and cables so placed in underground conduits may be connected with subscribers and stations by the use of distributing poles, or by such other means as may be most convenient and practicable for such purposes, under the direction and subject to the determination of the Commissioner of Public Works, and provided, however, that nothing herein contained shall affect the poles, fixtures, trolley wires and guard wires necessary for the proper operating of electric street cars operated within the City limits under duly granted franchises, and provided also that a distributing wire may be strung on the trolley poles to connect the trolley wires with the underground feed wires, and provided that telephone wires and wires and poles used for public lighting on Quay Street south of State Street and Broadway south of State Street shall be exempt from the provisions of this section.
Until the expiration of said two years, poles,
wires and fixtures may be temporarily erected within said district
for the purpose of adding to or improving the service therein, but
the same shall be removed when the other poles, wires and fixtures
in said district are removed.
All persons, firms or corporations owning or
maintaining poles, fixtures, wires or cables directed by this article
to be placed underground, or their successors or assigns, shall comply
with the laws of the State of New York and all laws and ordinances
of the City of Albany, now or thereafter enacted by said City of Albany,
concerning the use of said streets, avenues, alleys, public places
and squares, and shall do no permanent injury to any street, avenue,
alley, sidewalk or public place, or in any manner interfere with any
water, sewer or gas pipe, telegraph, telephone or electric wires,
cables or pipes, which are now or may hereafter and previous to the
execution of the work hereby authorized and directed be laid by the
City of Albany or any authorized firm or corporation.
The plans for such conduits shall be submitted
to and approved by the Commissioner of Public Works of the City of
Albany before the work is undertaken, and such persons, firms or corporations,
their successors and assigns shall restore the streets, avenues, alleys,
squares and public places, which they may disturb in doing the work,
to their former condition and satisfactory to said Commissioner of
Public Works. All work done in the laying of such conduits, ducts,
mains, wires, pipes, cables or other conductors, and distributing
poles, and in the restoration of the street pavements and sidewalks,
shall be done under the direction of the Commissioner of Public Works,
and the location of said conduits, mains or pipes and distributing
poles in the several streets, avenues, alleys, squares and public
places shall be determined by said Commissioner of Public Works.
No street, avenue, alley, square or public place
shall be allowed to remain open or encumbered for a longer period
than shall be necessary to execute the work for which the same has
been opened, and the Commissioner of Public Works shall determine
the question of such necessity. Immediately after any work in laying
conduits, ducts, mains or pipes has been done, the person, firm or
corporation doing the same, or he, their or its successors or assigns,
shall forthwith restore at his, their or its own expense the streets,
avenues, alleys, squares, public places or sidewalks or ground to
as good a condition as before said work was begun, and shall keep
and maintain the parts of such streets, avenues, alleys, squares,
public places, sidewalks or grounds so disturbed in good repair and
condition, to the satisfaction of the Commissioner of Public Works,
for a period of two years from the time when they shall have been
disturbed and replaced, and during such period of two years shall,
by order of said Commissioner of Public Works, proceed to take up
any part of said pavement, sidewalk or curbing so disturbed, and to
relay or replace the same under the direction of said Commissioner
and to his satisfaction.
If any of the persons, firms or corporations
operating under this article, or their successors or assigns, shall
refuse or neglect to restore and replace said streets, avenues, alleys,
squares, public places, pavement, sidewalk or curb, after having disturbed
and removed the same, as hereinbefore provided, or shall refuse or
neglect to comply with any order of the Commissioner of Public Works,
requiring the taking up and relaying of such pavement, sidewalk or
curb, said work may be done by the City of Albany, and the person,
firm or corporation, or their successors or assigns, so refusing or
neglecting, shall be liable for the cost thereof, and upon receiving
notice from the Commissioner of Public Works of said City as to the
amount of said expenses, shall forthwith pay such amount to the City
Treasurer.
In all conduits constructed hereunder except
conduits for electric light wires, provision shall be made for reserving
and leaving such space therein as may be necessary for the introduction
and laying of the wires and cables of the City of Albany and appurtenances
thereto required for conducting electricity to be used in the transmission
of telephone or telegraphic messages or communications in connection
with the police and fire service of the City of Albany. And said City
of Albany shall have the right and authority during the existence
of such conduits to introduce and lay in said conduits its wires,
cables and other appurtenances required as aforesaid, for the service
of its Police and Fire Departments, without incurring any expense
or charge for the use or rental thereof, and shall have the right
at all times whenever necessary for such purpose, and under the direction
and supervision of the proper officers of said City, to be designated
by the Commissioner of Public Safety, to have access to said conduits,
ducts, mains, pipes, wires or cables for the purpose of extending
or repairing the same. The persons, firms or corporations laying conduits
under the provisions of this article may also provide in said conduits
space for carrying the wires and cables of other persons, firms or
corporations duly authorized to carry on business requiring such wires
and cables in the City of Albany, upon such terms as they may agree
upon.
Before commencing any of the work herein authorized
or required to be done, the person, firm or corporation about to do
said work shall signify his, their or its acceptance of this grant
or permission upon the terms, conditions and restrictions herein provided
by filing a written acceptance thereof, duly signed and acknowledged,
with the Commissioner of Public Works, and shall also file with the
Comptroller of said City a bond in penal sum of $15,000, to be approved
by the Commissioner of Public Works as to its sufficiency, and by
the Corporation Counsel as to form and execution, conditioned for
the faithful observance and performance by said person, firm or corporation,
his, their or its successors and assigns, of these conditions and
restrictions, and to save and keep harmless said City of Albany of
and from all losses, damages or injury by from or on account of the
acts or omissions of said person, firm or corporation, his, their
or its successors or assigns, and of and from any and all suits, claims
and demands against said City of Albany arising out of the acts or
omissions of said person, firm or corporation, his, their or its successors
or assigns.
The persons, firms and corporations now lawfully
engaged in the City of Albany in a business requiring the use of poles,
wires and cables, and duly authorized to use the streets of the City
for such purpose, and his, their or its successors or assigns, are
and each of them is hereby granted permission to construct underneath
the surface of the several streets, avenues, alleys, squares and public
places of the City of Albany, conduits, ducts, mains or pipes, with
the necessary manholes and other appliances in which to carry his,
their or its lines of wires, cables and other appurtenances, for his,
their or its use in the City of Albany, and in making connections
with other lines and systems in the various cities, to towns and villages
of this and other states, under the terms, conditions, restrictions
and regulations hereinbefore in this article set forth.
The Commissioner of Public Works is hereby authorized
and empowered to take such steps as may be necessary to enforce compliance
with the terms of this article.
