[P.S. Code § PS405.1]
As used in this article, the following terms
shall have the meanings indicated:
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:
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.
