[Adopted NRO 1975, T. 6, §§ 1301-1309
(Secs. 19-101 to 19-109 of the 1987 Code)]
The New England Telephone and Telegraph Company,
for itself, its successors and assigns, may construct and maintain
underground conduits, cables and wires for the conduct of its business
in such of the streets of the City as the Board of Public Works may
deem advisable. The company may construct therein and maintain the
necessary manholes and house and pole connections. It may also erect
and maintain distributing poles at the termini of conduits and at
suitable distributing points. All of the above shall be done in accordance
with the regulations provided in this article and subject to such
ordinances in addition to or in amendment hereof, as may hereafter
be passed.
The conduits and appurtenances shall be of a
suitable kind and construction, such as the Board of Public Works
shall approve, and the work shall be done in a thorough manner and
to the approval of the Board of Public Works or of any person whom
the Board may select. The distributing and other poles shall be of
suitable height and other dimensions and of such form and material
and so located as to be satisfactory to the Board and shall be subject
to the approval of the Board or the approval of any person or persons
whom the Board may elect.
The surface of the street shall not be disturbed
for the purpose of laying, removing or repairing wires or conduits
or of erecting, removing or repairing distributing poles without a
permit from the Board of Public Works authorizing the work to be done.
Such permit shall indicate the time, manner and place of opening the
street and the time within which work shall be completed.
A.
No permits shall be granted, or, if granted, shall be valid, to disturb the surface of the street for any of the purposes in § 285-56, until the company has executed an agreement in a form satisfactory to the City Solicitor/Corporation Counsel, provided that:
(1)
In every underground conduit constructed by the company
one duct not less than three inches in diameter shall be reserved
and maintained, free of expense, for the use of the fire, police and
telegraph signal and telephone wires belonging to the City and used
exclusively for municipal purposes; and that the superintendent of
the fire alarm or any person duly authorized by the City shall be
allowed access to said conduits at all times; and that the City shall
be allowed facilities and privileges in putting in or taking out wires
equal in all respects to those of the company.
(2)
The company will indemnify and save the City harmless
against all damages, costs and expense whatsoever to which the City
may be subject in consequence of the acts or neglect of the company,
its agents or servants, or in any manner arising from the rights and
privileges granted it by the City.
B.
The company shall, before a street is disturbed for
the laying of its wires or conduits, execute its bond in a penal sum
of not less than $5,000 conditioned to fulfill its agreement with
the City and terms of this article.
When an opening is made in the street for any
purpose allowed by this article, the portion of the street opened
shall be restored to a condition satisfactory to the Board of Public
Works and shall be kept in such condition for one year thereafter.
If the street is not so restored and maintained by the company, the
Board may cause the same to be done at the expense of the company.
No permit shall be required for the opening
of manholes for the purpose of drawing in, removing or repairing wires
and cables. When the company has obtained the permit of the Board
of Public Works for conduit locations in any street or streets, and
has constructed its main line of conduit under such permit in any
street, it may from time to time thereafter lay and connect with such
main conduits, ducts, cables and wires for house and distributing
pole connections with the permit and under the supervision of the
Board.
The company, in laying, repairing or removing
its wires or conduits, shall not disturb or in any way interfere with
gas and water pipes or sewers or pipes therewith connected.
In case the City finds it necessary to construct
or enlarge sewers or other public works in the streets where conduits
are laid, which shall require changing the location of the conduits,
the changing shall be at the expense of the company, which shall forthwith
carry out the same.
The company shall not remove its conduits, unless
permitted to do so by the Board of Public Works.
