[P.S. Code § PS405.1]
As used in this article, the following terms shall have the meanings indicated:
UTILITY
All telegraph, telephone, electric light and power companies, corporations, municipal corporations, persons and partnerships doing business in the City by erecting poles and laying conduits for the purpose of carrying electric wires over, under or through the streets, alleys or public places of the City.
[P.S. Code § PS405.2]
All utilities using the streets of the City by erecting poles or laying conduits and maintaining and repairing the same, for the purpose of carrying electric wires over, under or through the streets, alleys and public places of the City are hereby made subject to the provisions of this article.
[P.S. Code § PS405.13]
This article shall not be construed in any way as a franchise, but as a regulatory measure controlling the use of the streets, alleys and public places of the City by a utility. The City Commission reserves the right to alter, amend or repeal this article at any time and to make such further rules, orders and regulations as may, from time to time, be deemed necessary by the City Commission in order to protect the interest, safety and welfare of the public or the property rights of the City.
[P.S. Code § PS405.2]
The Director of Public Works shall have supervision of the erection of all telephone, telegraph, electric light and power poles, and of all excavations and fillings made for the laying of pipes or conduits in all the streets, alleys or public places of the City. Wherever possible, the utilities shall, by agreement, make joint use of such poles. All such poles shall be clearly marked with the name of the utility owning the same.
[P.S. Code § PS405.3]
A. 
It shall be unlawful for any utility to erect and maintain poles and wires for telephone, telegraph and electric light and power purposes in the City within the districts and streets herein described:
(1) 
Michigan Avenue and East South Street;
(2) 
Burdick Street;
(3) 
Portage Street, between East Michigan Avenue and East South Street;
(4) 
Burdick Street, between Lovell Street and Eleanor Street; and
(5) 
Kalamazoo Avenue, between Westnedge Avenue and Michigan Avenue.
B. 
This section shall not be construed to prevent the erection and maintenance of the necessary poles within such districts and on such streets for the distribution of wires from underground conduits to reach the subscribers of such utilities; provided that, such distributing poles shall be set in alleys when practicable and, in any and all cases, in such a manner as not to unreasonably obstruct or interfere with other proper uses of the streets and alleys.
[P.S. Code § PS405.10]
A. 
Each utility governed by this article shall file and keep in force with the City Clerk a bond in the sum of $25,000, unless changed hereafter by resolution of the City Commission, the same to be approved by the City Attorney. Such bond shall be conditioned upon the indemnification of the City for all losses or damages sustained by any person arising or growing out of the construction, operation or maintenance of poles, wires, cables, conduits or other equipment or services of the utility in the use of the public streets, alleys or sidewalks of the City, when, as and if the City shall become legally obligated and required to pay the same to any such person.
[Amended 5-7-2018 by Ord. No. 1964]
B. 
Such bond shall further be conditioned that such utility shall indemnify and save harmless the City from all losses and damages caused by or arising or growing out of the work of the utility in laying conduits, erecting poles, wires, cables and all accessories thereto and the operation and maintenance thereof, and that the utility shall properly replace and restore all materials removed in any street in making any openings therein in as good a state and condition as it was before being disturbed.
C. 
An adequate public liability insurance policy may be filed in lieu of the bond required by this section.
[P.S. Code § PS405.4]
All utility poles placed in, on or along any street, alley or public place in the City shall be placed so as to cause the least inconvenience to public travel. All poles of any lead must be, as nearly as practicable, uniformly spaced and of uniform height, as prescribed by the Department of Public Works. Each line of poles shall run on one side of the street only, and may not cross to the other side of the street, unless it is necessary, in the opinion of the Director of the Department of Public Works. All poles shall be located as directed by the Director of Public Works and, whenever practicable, shall be placed upon the line separating properties of different ownership.
[P.S. Code § PS405.5]
A. 
No utility shall make any excavation in any street, alley or public place, for the purpose of laying any conduit or erecting any lead of 10 or more poles, or a relocation of 10 or more poles, without first obtaining a permit so to do. Application for such permit shall be filed with the Department of Public Works and shall be accompanied by a map showing the proposed route or routes and the location of the conduits and poles thereon. The Director of Public Works shall submit such application and map, after review and investigation, with recommendations, to the City Manager for action. If the City Manager decides that the application should be referred to the City Commission, he may so refer it. After approval by the City Manager or the City Commission, the Department of Public Works shall issue a permit for such excavation. Such map shall be kept on file in the Department of Public Works.
B. 
The Director of Public Works shall issue permits for excavations for the purpose of erecting or relocating a lead of less than 10 poles, provided he deems such erection or relocation to be in accordance with the requirements of this article and consistent with the public interest.
C. 
A utility, before opening any pavement or highway or wrought portion of a street, alley or public place, for any repair work, shall notify the Department of Public Works and secure a permit for such work. In case of necessary emergency repairs during other than business hours of the Department of Public Works, a report shall be made and permit shall be obtained within 24 hours.
[P.S. Code § PS405.6]
A. 
Whenever any utility shall dig up or trench any street, alley or public place, it shall do so with such expedition as to least hinder and impede public travel. The utility shall leave all streets open for travel, unless otherwise permitted by the Department of Public Works.
B. 
All trenching by utilities in public streets, for the purpose of placing new construction or repairing, extending or altering existing construction, shall be subject to rules and regulations adopted by the Department of Public Works and approved by the City Commission. All materials removed in trenching operations shall be replaced in accordance with the specifications, rules and regulations adopted by the Department of Public Works and approved by the City Commission.
C. 
All trenching and openings in paved or hard-surfaced streets, alleys or public places shall be properly guarded and adequately lighted, until resurfaced by the City.
D. 
All trenching and openings in unpaved or dirt streets, alleys or public places shall be properly guarded and adequately lighted until the same shall be refilled and made safe for travel, and where any such refills have been made, the utility shall guard, light and properly protect the same until safe for travel and shall inspect such refilled openings, and if necessary, shall refill and maintain such openings in a condition safe for travel until the same shall be permanently safe for travel and until expressly relieved from guarding, lighting and protecting the same by the Department of Public Works.
[P.S. Code § PS405.8]
The depth at which any utility shall lay its conduits shall be not less than 24 inches or such other depth as the Director of Public Works may prescribe.
[P.S. Code § PS405.7]
When any opening in the streets, alleys or public places, for construction or repair work, is made by any utility, the resurfacing shall be done by the Department of Public Works and the utility shall pay the charges for such work, as fixed from time to time by the Department of Public Works and approved by the City Commission.
[P.S. Code § PS405.9]
Whenever the City Commission shall direct that a street, alley or public place be paved, surfaced or otherwise improved, it shall be the duty of all utilities to immediately place all poles, conduits, services and other underground structures in a state of good repair, to place services extending from the area to be paved, and to make such extensions, additions and alterations to the underground system that will insure that no removal of the newly placed paving or surfacing shall be necessary for a period of not less than five years.
[P.S. Code § PS405.10]
A utility shall pay to the City, within 30 days after demand, all sums due from the utility to the City for any work done or materials used by the City under the provisions of this article and any and all other sums due by reason of the provisions hereof.
[P.S. Code § PS405.11]
Any utility shall be liable to and shall reimburse the City for all damages and injuries which may be caused to the streets, avenues, lanes, alleys and other public places of the City, caused by or arising or growing out of the existence therein of its poles, wires, cables, conduits, equipment, apparatus and services accessory thereto.