[HISTORY: Adopted by the Common Council of the City of Amsterdam:
Art. I, 8-5-1902; Art. II, 5-19-1914.
Amendments noted where applicable.]
[Adopted 8-5-1902]
It shall not be lawful for any person, persons or corporation to place
or maintain any telephone, telegraph or other poles upon the southerly side
of West Main Street, between Pearl and Pine Streets, except at the extreme
southerly side of said street and immediately next to the boundary line between
said street and the lands of the NYC and HRRR Co.
All poles now standing on the southerly side of said portion of Main Street, except in the manner provided in § 178-1 herein, shall be removed by the owners thereof within 10 days after the publication of this article.
Any violation of this article shall be a misdemeanor, and any poles
standing on said street in violation hereof may be removed by the Superintendent
of Streets on the failure of the owners thereof to remove them.
[Adopted 5-19-1914]
Every person, persons, firm or corporation now owning, maintaining,
controlling or using poles, wires, cables or other overhead construction for
the purpose of transmitting electrical energy, including telegraph, telephone,
light and power wires, on, over or above Market Street from Spring Street
to East Main Street, and on, over or above Bridge Street from East Main Street
to the north bank of the Mohawk River, and on, over or above West Main Street
from Pearl Street to Market Street, and on, over or above East Main Street
from Market Street to Schuyler Street, shall and they hereby are commanded
and directed to have the same removed from the surface of said streets on
or before the first day of July 1917,[1] and all electrical wires or cables now used or to be used in the
business of said person, persons, firm or corporation in said named streets,
for the transmission of electrical energy, shall be maintained and operated
underground in proper conduits or subways.
[1]
Editor's Note: On April 4, 1919, the Common Council adopted the
following resolution: Resolved, that the time within which all persons, firms
and corporations are required to place their poles, wires and overhead construction
underground pursuant to the provisions of the ordinance heretofore adopted
be and it is hereby extended until the first day of July 1919.
It shall not be lawful for any person, persons, firm or corporation
to hereafter erect or maintain any poles, wires, cables or other appliances
for the transmission of electrical energy on, over or above Market Street
from Spring to East Main Street, or on, over or above Bridge Street from East
Main Street to the north bank of the Mohawk River, or on, over or above West
Main Street from Pearl Street to Market Street, or on, over or above East
Main Street from Market Street to Schuyler Street.
Before any such conduits or subways shall be constructed, the person,
persons, firm or corporation required to or intended to construct the same
shall file with the Common Council of the City of Amsterdam a map or maps,
made to scale, showing the streets, avenues or highways which are desired
to be used for such purpose, the general lines, dimensions and course of the
underground conduits or subways desired to be constructed, and before such
conduits or subways are constructed, it shall be necessary to obtain the approval
by said Common Council of said plan of construction so proposed, and the work
of constructing such conduits or subways and every such system of underground
conductors shall be done according to said plans so approved, subject at all
times to the modifications as shall, from time to time, by the Common Council
be made.
If no suitable plan is proposed by said person, persons, firm, or corporation now owning, maintaining, controlling or using poles, wires, cables or other overhead construction in the transmission of electrical energy, on or before the first day of July 1916, it shall be the duty of the Common Council to cause to be devised or made ready for use a general plan of conduits or subways in the streets named in § 178-4 of this article, and may require all persons, firms or corporations operating electric wires to use said system so prepared.
The trolley wires and the necessary supports for said wires are excepted
from the provisions of the foregoing sections.
In constructing said subways or conduits, the water, gas or sewer pipes
laid in streets, alleys or public places in the City of Amsterdam shall not
be interfered with in any way without consent of the Common Council.
After work of constructing said subways or conduits has been completed,
the person, persons, firms or corporation constructing the same shall forthwith
restore the street, pavement, alley or avenue, sidewalk or ground to as good
condition as the same was before said work was done, at his, their or its
own expense, using like materials, and upon his, its or their refusal so to
do, such work may be done by the City of Amsterdam, and the person, persons,
firm or corporation constructing said subway or conduit shall be liable for
the cost and expense thereof and shall, upon receiving notice of the amount
of such cost and expense, forthwith pay the same to the City of Amsterdam.
Whenever any person, persons, firm or corporation, after due notice,
shall fail, neglect or refuse to comply with the provisions of the foregoing
article, it shall be the duty of the Mayor of the City of Amsterdam, in the
name of the City of Amsterdam or otherwise, to enforce such penalties or forfeitures
as are provided in the franchise granted unto said person, persons, firm or
corporation and, in addition thereto, he shall sue for and collect for the
benefit of the City of Amsterdam, from said person, persons, firm or corporation,
the sum of $5 per day for each and every pole which said person, persons,
firm or corporation shall use or maintain on the streets or portions of streets
above mentioned.
