Belvedere Municipal Code Ch. 13.20 Poles and Wires

POLES AND WIRES

Sections:

• 13.20.010 Definitions.

• 13.20.020 Use of roads and sidewalks for transmission of electricity.

• 13.20.030 Permit required for use of streets and side-walks—Application—City Council authority.

• 13.20.040 Bond required when.

• 13.20.050 City rights reserved.

• 13.20.060 Pole requirements.

• 13.20.070 Replacement of road or sidewalk—Work performed by City when—Costs.

• 13.20.080 Excavating without permit.

Whenever in this Chapter the words or phrases hereinafter in this Section defined are used, they shall have the respective meanings assigned to them in the following definitions, unless, in the given instance, the context wherein they are used shall clearly import a different meaning.

• A. “City” means the City of Belvedere, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

• B. “Construct and use” means to construct, erect, install, lay, operate, maintain, use, repair or replace.

C. “Poles, wires, conduits and appurtenances” means poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cutouts, switches, communication circuits, appliances, attachments, appurtenances and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in the transmitting and/ or distributing of electricity.

D. “Streets” means the public streets, ways, lanes, alleys or courts or other public places (exclusive of parks) as the same now or may hereafter exist within the City. (Ord. 22 NS § 2, 1938; prior code § 16-1.)

Any person, firm or corporation may be granted the privilege of using the roads or sidewalks in the City and of erecting thereon poles and all appliances and connections required therewith for the purpose of supplying the City and its inhabitants with electric light and power. (Ord. 22 NS § 1, 1938; prior code § 16-2.)

Any person, firm or corporation desiring the privilege of using any roads or sidewalks in the City for the purpose of erecting poles or appliances shall file an application together with a diagram, in duplicate, showing the roads or sidewalks to be used by such applicant and every place at which said applicant desires to erect a pole. Upon the filing of such diagram and application, the City Clerk shall forthwith submit such application and diagram to the City Council for its consideration, and no work shall be commenced without the written permission of the City Council. The City Council shall have the right to reject, approve, modify or change the arrangement and locations shown by the application and diagram, and it shall determine the places at which poles may be placed. If said application is approved in whole or in part, or modified, the City Council shall grant to the applicant a permit specifically showing its determination, and the applicant may proceed thereunder. (Ord. 22 NS § 3, 1938; prior code § 16-3.)

Any person, firm or corporation to whom a permit has been issued under the provisions of this Chapter shall, before any work is commenced, execute to the City and file with the City Clerk a bond in the sum of one thousand dollars with two or more sureties to be approved by the City Council conditioned that such person, firm or corporation shall and will indemnify the City against all damages, and pay to the City all damages which may be caused by or arise from the use of any roads or sidewalks for any of the purposes specified in this Chapter and all damages arising by reason of the violation of any provision of this Chapter. (Ord. 22 NS § 4, 1938; prior code § 16-4.)

In granting any permit under this Chapter, the City reserves the right to install on any of said poles necessary police and fire alarm wires and equipment upon payment of the cost of such necessary or additional wires for such service, and the additional cost of maintaining the same. (Ord. 22 NS § 5, 1938; prior code § 16-5.)

All poles erected under the authority provided in thus chapter shall be at least twelve inches in diameter at the butt and left as they taper naturally if they be round poles, and at least twelve inches at the butt, and at least six inches square at the top, if they be sawed poles. Poles are to be set at least five feet into the ground and be of such length that there shall be at least twenty-five feet clearance between the surface of the road or sidewalk and the lowest wire fixed on such pole. The use of stub poles is prohibited. All such poles, wires and appliances shall at all times be kept in good repair and safe condition, and no permission shall be granted to any person, firm or corporation to place or maintain any poles, wires or appliances that will injure any property or shade trees or other growth. (Ord. 22 NS § 6, 1938; prior code § 16-6.)

Any person, firm or corporation disturbing any road or sidewalk of the City under authority given under the provisions of this Chapter shall forthwith restore and replace the same at his or its cost in as a good condition as it was at the time of being disturbed and to the satisfaction of the City Council. In the event that such person, firm or corporation fails to restore said road or sidewalk to such proper condition, then it shall be the duty of the City Council to cause such road or sidewalk to be restored to its proper condition, and the expense, cost and charges of such work shall be a charge against such person, firm or corporation. (Ord. 22 NS § 7, 1938; prior code § 16-7.)

It is unlawful for any person, firm or corporation to make any excavation or otherwise disturb the surface of the roads or sidewalks of the City without first obtaining a written permit therefor as provided in this Chapter, or to make any excavation or otherwise disturbs the surface of the roads or sidewalks of the City for any purpose under the provisions of this Chapter after a permit issued hereunder has been revoked. (Ord. 2013-2 § 20, 2013; Ord. 22 NS § 8, 1938; prior code § 16-8.)