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HomeMy WebLinkAboutORD NO 448ORDINANCE N0.4 g S . ES AN ORDINANCE REGULATING THE CONST~GCTION, ERECTION, RECONSTRUCTION, REPLACEMENT OR RENEWAL OF ANY POLE OR POLES UPON THE PUBLIC STREETS OF THE CITY OF BAKERSFIELD, OR UPON ANY 0TEER PUBLIC GROUNDS OF SAID CITY, AND PROVIDING A PENALTY FOR VIOLATION HEREOF o BE IT 0RDAINED BY THE COUNCIL 0F TEE CITY OF BAKERSFIELD, as follows: SECTION 1. It shall be unlawful for any person, firm or corporation to locate, construct,' erect, reconstruct, replace or renew any pole or poles upon the public streets or alleys of the City of Bakersfield, or upon any other public grounds of said City, which poles are to be used for carrying, suspending, and/or supporting Wires used for the purposes of conducting or transmitting electricity, electrical energy, telegraphic and telephonic messages, sounds or signals by electricity, until the location of such pole or poles .shall have been approved by the City Manager of the City of Bakersfield, by the issuance by him of a permit to such person, firm or corporation. SECTION 2. . Any person, firm or corporation desiring a permit as pro- vided for in Section I hereof shall make written application to the City Manager of the City of Bakersfield at least thirty (30) days prior to the commencement of any construction, and for reconstruction, replacements or renewals such length of time as may be deemed by the City ~nager to be reasonable. Said application shall be accompanied by maps showing' location of the pole or poles to be erected, with full details as to the type and height of the pole or poles to be constructed, replaced, or renewed, and shall further state the potential difference or voltage between any such wires and/or between any such wires and the ground. Provided, however, t~t the provisions of this section shall not apply where the immediate construction, reconstruction, replace- ment or renewal of any pole or poles damaged or destroyed is immediate- -l- ly required to provide continuous service. SECTION 3. It shall be unlawful for any person, firm or corporation in connection with the rendition of service to construct or erect any pole or poles in a public street in the City of Bakersfield, when such service can reasonably be provided and supplied by means of a pole or poles which can be located in a public alley or a private right of way specifically set aside for the purpose of erecting poles therein; provided, however, that the provisions of this section shall not apply to such poles and wires as are used exclusively for support- ing in position electric arc lamps for public street lighting furnished under contract with the City of Bakersfield, and/or poles and wires of electric street railroad or electric street railway companies. SECTION 4. It shall be unlawful for any person, firm or corporation to construct, erect, reconstruct, replace or renew any existing pole or poles upon the public streets or alleys of the City of Bakersfield, or upon any other public grounds of. said City, when there is any existing pole or poles owned by any other person, firm or corporation which is a public utility, and such pole or poles are adequate and proper in type and dimension for the purpose with space thereon suffi- cient to accommodate the wires of such person, firm or corporation desiring to construct, replace or renew said pole or poles, when permission of such other utility can be obtained under reasonable terms and conditions. SECTION 6. Wherever a Joint pole line has been, or may be constructed upon the public streets or alleys of the City of Bakersfield, or upon any other public grounds of said City, and upon which the wires of two or more companies shall have been or may be carried, suspended or supported, thereby causing the pole or poles heretofore used to be abandoned and which shall be abandoned, it shall be the duty of the person, firm or corporation"'owning such abandoned pole or poles -2- to remove such pole or poles from ~he public streets or alleys of the City of Bakersfield, or from any other public grounds of said City, within a period of not to exceed ninety (90) days after the date of completion of such Joint pole or poles. It shall be unlaw- ful for any person, firm or corporation to use any one pole or all, or any of such abandoned poles for the purpose of carrying, support- ing or suspending wire or wires for the purposes enumerated in Section 1 above. .. SECTION 6. Should any person, firm or corporation make application, as provided herein, to the City Manager for a permit, and ~he same is refused by the City Manager, or he fails to act upon the same within a period of ten (lO) days after filing of the same, then said applicant may appeal to the City Council by filing a petition in writing in triplicate with the City Clerk, setting up the facts relating to said application and the necessity for such construc- tion, with a copy of the application attached to such petition. Whereupon the Council at its next regular meeting shall set the same for hearing, and cause notice of the time and place of said hearing to be served upon petitioner and upon the City Manager of the City of Bakersfield, at least five (5) days before the hearing thereof, unless for good cause shown a shorter time shall be pres- cribed. At the time set for said hearing or at any time to which the same may be adjourned, the Council may proceed to hear evidence as to the facts, circumstances and conditions set out in said peti- tion, and grant or deny the same, and their decision shall be final and conclusive. SECTION 7. If any part or portion of this ordinance is in conflict with or contrary to any of the rules and regulations prescribed in General Order No. 64-A of the Railroad Commission of the Sta~e of California, as it now exists or may hereafter be amended, then such z-ules and regulations shall control and take precedence as to such part or portion of this ordinance as shall be in conflict therewith. SECTION B. Any person, firm o~ corporation violating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed three ($300.00) dollars or by imprisonment in the County Jail not exceeding ninety (90) days, o~ by both such fine and imprisonment. SECT~0N 9. All ordinances or parts of ordinances in conflict here- with are hereby expressly repealed. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof, held on the/7. day of/ , 1934, by the following vote: RYES, BODEN, GIST, S[EMON, SI4[T!t, SOLLERS, WALTEllS, City Clerk and Ex-~ Clerk of the o Council of the City of Bakersfield. APPROVED by me this ~day of ~ 1934. of the City of Bakersfield.