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HomeMy WebLinkAboutORD NO 80 ORDIN^NeE NO An Ordinance prohibiting tb.e erection in the public ~: . ~:,~ st~ets,.and alleys within c~tain portions.of the ~ity  ~~'""~ 'Bakersfield, of poles for telegraph, tele~houe ~nd electric wir~ ~' and requireing the removal from said grounds, streets and alley~ · of such poles within a certain ti~e~ and the remedial and plac- .~ ' lng and ~roperly constructed undergr6und conduits of all such ~ 'telegraPh, telephone and electric wires maintained within such .~~ por'tions of said City; and providing fo~ the granting ~ fra~ chi~e to lndivid~als, companies, partnerships and corpora?.ions for the purpose of constructing and maintaining telephone, telegraph and electric light plants 'in the City of Bakersfield. WHEME.~S, certain persians, firms~and corporations have heretofore erected and ~re now maintaining in the public grounds streets and alleys of the City of Bakersfield certain poles for teleEraph, telephone ~.nd electric wires, and for the car'rvih~-.~of wires theron ~nd thereto for 'the purpose' conducting and transmitting electricity, electrical energy and telegraphic and telephonic., mes~'~ages and ~ignals 'by electricity; and WHEREAS, the Board of Trustee~ of the Citv of Bakersfield deem it (expedient f.':.r the public good ~nd for the safety of the people of s.said City, that such poles and wires should be removed fro~ the public grounds, streets, and the alleys of the thickly inhabited portions of the ~ity of Bakersfield s.nd the erection of such poles and wires in furture by individ- uals, COlaDanies'. or corBor~tion~., proposJ_ng to operate, under '- franchises hereafter to be granted~ within such thickly inhabited portions of the said citF, prohibited; n°W,'therefore,t THE BOARD OF TRUSTEES 0F THE CITY OF BAKER~F~EI,D, do ordain~ ss follows: Section 1. That all poles heretofore erected'for telephone, telegraph or electric wire or for the carrying or supDorting ce wires for tbs purpose of conducting or transl~litt, ing 'electr'icit~ ~electrlc~l energy, telegraph~c'~l and. telephonic ~'Gessages, s~und~ or sJ. gnal~ by ele~c~rJ~city, within the district herein- after described in SectiOn three thereof, shall within three  .. (S) year~ from the pass, age and appro~al of this ordinance be remowed ~rom the public ~rounds, streets, ~lleys and Dlacea ~f said City within s~id district hereinafter described. Section 2. All!telephone, telegraph and electric wires an'~~ all wires used '~or the puypose of conductin, carr}~ing or transmit ting electricity, electrical .energy, telephonic telegrs, phic me~ages, sign~.l~ or sounds along or ower the public grounds, streets or alleys"~'~it~in that portion of City of Bakersfield hereinafter described ~ha].]. within three (S) years after the passage and aDpro~al of this ordinance be " r~moved and placed 'und'er the ground in' properly c'on~trueted conduits. Section S. That Dorti. on of th~district of s~.id City which affected by the provisions o~ this ordinance, ~.nd hereinbefore referred.,t$~ ~s~.~paricularly described as follow~, to-wit: Commencing at the intersection of the west side of St,, in the City of .Bakersfield and the North side of 21~t thence east ~long the north side of 21st St. to the East side .. of "M" Et; thence South .~lo~g the East li~e of "M" ~t. to the North 'li~e of 20th St; thence East along the North l~.n~ the. East line of "Q,' ~;~- thence. ~outh along the ~Oth to Ea,~t line of "Q" St. to the 8curb line o'~ goth St; thence West along the South line of 20th St. to~.t-~e~E'as{ line of St; thence South along the E~t line of ,'N" S~j~ ~p ~he Bouth 'line of lath ~t; thence N~t along the South lin~ of lath St. to the East line of "M" St; thence South alcng' the East li~e of "M" St. to the 8outh li~e of 17th St; t~ence West ~.lo~g the ~outh line of l?th Bt. to the East~line of ~'K" Et; thence `qouth along the E~st line of "K" ,qt. to 'the `south"line o~. Railroad Avenue; thence West along. _the ,~outh line of Railroad Avenue to the East line of Chester/Avenue| thence ,South along the East iine of Cheste~ Avenue to the North' line of 1.Sth thence West 'to the West llne off'Chester Avenue; thene, e. North along the west line of Chester Avenue to the South line of R4ilr~ ad Avenue;~thence W~,st along the .~outh line of Railroad ^venuTyto the West line of. "I" `st.;~ ~thence, North along the West line of "I'I ,St, to the 8outh line of lath St; thence West along the South line o* l~th ,St. to the West line of ,.G" St; thence North along the West line of ,,a, ,St. to the North line of 21st ,St. and the plac~ of beg.inning. Seotiou 4.. ' The provisions of this ordinance .~hall not '~)ply to such poles ~nd wires of electric st]reet railroads or electric railway companies as are used~,~XC~slvely"f~r the purpose of " propelling o.~ moving street railway oars over ox' along public, ' streets of said .City. Section §. The provisions of .-thi~ ordinance ~.hall not apply to · such poles and wires as are used exclusively for su.~portlng in position electric ar~~, lamps ~or public street lighting furnished uncier contract with the City.'of Bakersfield. Section 6. · No franchise '" ~ ~.11.~ be granted to any corporation, company, partnership or l, ndivi~[ual for the purpo.~e of ,"-' constructing, maintaining, telephone, telegraph or electric power and lighting plant..s in the' City o* Bakersfield e,x(~,e!)t ~lDon the' , condition that such company, corporation, p~rtnerahip or ' individual sh~,ll agree with the c',ity in its franchise to place its wires in electrical con~i~ctors in conduits as hereinafter prowi~ed for~ under i~'e s~r.~ice of the streets ~nd ~.].leys n~.med in Section .5 of thi.~ ordin~mce, said ~,onduits to be placed '. ~long all the streets and alley.s within the bo~udaries designate~ by the said Section 3, within one year from the date of ~ranting of such franchise. Said conduits shall be ~f s~2i6'ient capacity to aceomodate the wires in such streeSs and alleys and to provide for an increase thereof to at least the extent ~f one hundred per cent; the wires of the City shall be carried in such conduits free of charge and that at least one duct shall be reserved'for such wires. The said conduits shall be laid according to plans sn~i ~peoifi(~atio~s to be approved by the Board of Trustees; and any company, corporation, partn~rahip or individual to. whom such franchise may be granted shall indemnify the ~ity by'~ bond in an amount as the Board of T~stees may require, said bond to be siEned by two sureties to be approved by the Board of Trustees, and forfeited to the City ~ the event' said company . '~' oorporation~ partnership or individual shall Eail to well and " faithfully per~orm ~ny condition thereof. .~ Section ~, HereaFter no poles shall be ereoted within' the. boundari~ of the street~ except to replace or repair poles already existing, or erect' poles with the aDy~roval of the Board of Trustee~ and the City Engineer for the purpose of distributinE electrical currents from wires plac~d in the conduits provided for Section 6 of this Section 8. This' ordinance .shall be in full force and e~eot from and .-after its passag.e and due pub~ilc~tion according to law. of t~Te~s of Trustees of the Oit~ of Bakerafie'.