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Home My WebLink AboutOrd 133 - regulating light poles o 1-1 o [ , ", .1 r~1 .~t,~ . ~ (0;,;.Jj{i)!J ,l; '..~ I, ;. .;~, ORDINANCE NO. dc:Jl!i \ j/ 13b , -./ AN ORDINANCE REGULATING AND RESTRICTING THE ERECTION, CONSTRUCTION. AND MAINTENANCE OF POLES, PIERS. ABUTMENTS., PIPES, WIRES, LINES AND OTHER DEVICES, ARRANGMENTS."APPURTENANCES, FIXTURES OR APPLIANCES, FOR" ELECTRIC LIGHT,' POWER, TELEPHONE OR TELEGRAPH PURPOSES ALONG OR ACROSS ANY OF THE, STREETS,..ALLEYS, AVENUES, SQUARES, EASEMENTS OR ELSEWHERE WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; REQUIRING PERMI.T THEREFOR; REGULATING AND RESTlIICTING THE LOCATION THEREOF; PR~VIDEING FOR THE, CHANGE IN . LOCATION OR ALTERATION; PROVIDING FOR CHANGE IN THE. HEIGHT OF POLES AND APPURTENANCES THERE- , ,TO; PROVIDING THAT, IF ANY" PART OF THIS ORDINANCE 'IS DECLARED INVALID IT SHALL NOT AFFECT OTHER ; PARTS THEREOF NOT. SO DECLARED; AND, PROVIDING THAT, IT. SHALL, TAKE EFFECT AND BE IN roRCE IMMED!"' lATELY FROM AND AFTER ITS PASSAGE AND APPROVAL. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF WEST.. UNIVERSITY PLACE, TEXAS: 193 ~ ';", .. Section 1. No person, firm or icorpora~ion or association shall hereafter, erect or construct any poles" pier, abutment, pipe" wires, 'lines.. 0:,:' 0 ;ther devices, ,arrangmen ts, appurtenances, fix- tures 0,1' appliances for elec.tric, light", power, telephone or tele- graph purposes; alongoracro,s.s., .any:, of the streets, alleys, ave- nues, 'squares., eas emen ts, or els,ewhere.: wi thin, the, corpora te lim- its.of .the..City of_West University Place, Texas, for electric light or,power, telephone. or telegraph purposes, or shall,here- after m~intain any such pOle, pi,er, abutment, pipe, wires, line or other device, arrangrnent, appurtenance, fixture or appliance heretofore erected or constructed within the City, except in accordance with the provisions of this ordinance. Sect:! OD 2. No person, firm,. corporation or association shall hereafter erect or construet any pOl,e, pier" abutment, pipe, wire" line or. other, devic,e" arrangm,ent,,' appurtenance, fixture 01' appliance for. any ofthe.purpos.8S set forth in Section 1 of this ordinance without first obtaining a.permi t from the City Electrician so to do. ~. Section 3. < Where there is an easement at the rear of the pro- perty-lines, all poles shall, be erected and constructed therein and not along the, street lines,." If there 1s no such ea:sement they shall, never the. less b,e erec~ed and constructed at the rear of the property lines where possible; and, easements therefor shall be procured where possibl~. ~ ;J .. ;J '1; I.l..l L 194 ill' Section 4~ lfo:QO lines. of .poles, ahall"be, erec,ted and construc- ',[:!..J tad on, the.. same street" alleY-I- avenue' or easement wi thin the. C1.ty., bearing, the sam,e.cla.ss of'. eonduc,tors. Seat1.on 5.. All poles shall be erected and maintained in a perpendicular position and shall be straight and f'ree .from bark. When placed along. the, street line they shall be immed- iately within the curbing where the..sidewalks are eight f'eet or upward in. width, and. shalL be, placed in. the curbing on the line with its outer, sur.fac.e ' where the s1.dewalks are less than eight f'eet in width. SAe'hinn 6. The city Electrician shalL designate the location of' all poles which, may. be.her.oat.ter, er.ected, within the Ci ty. SAt'd:i.nn '1 .~ The, right is hereby...rese~Yed to the City Electrician and.. to the.., City. o.f"West Univ.ers.1tyPlace., a.t any time, to direct any, alteration in, the.. lO.ca..tion, of' poles.., piers,' abutments and other.. f'ixtures..,.. .appurtenanc.es 'or" a.ppliance.s in, connec.tionn there- with,. eI', any. ether, change wi,th.. ref'erenc.e thereto; and, also the 1] height. atwh1ch. ,the, wires.: shall. b.e run,. "However, bef'ore aD.Y: i_" suchehange or. al,terationis. made, a,t, least f'ive days' notice in writing shall.. be giv"en the pre,sident or a local agent' of' the company.or c,orpora.tion. or, to theowner,o..r his loeal agent affectd by the proposed change or-alteration, and reasonable opportUn1ty shall be af'.forded the person, firm, corporation, association.or any citizens interested to be heard therein. If such hearing is desired notice in writing shall be. given to the City Secretary within three days,af'ter receipt of such written notice from the City, whereupon the 'hearing may be held within two days the~eaf'ter. When any such,alteration or change shall have been ordered the person, firm, corporation or assoc- iation to whioh the order is directed shall, within five days thereafter, commen.ce,such,change or alteration and proceed dili- gently, therewith ~ocompletion. Section 8. The right is further reserved to the City Elec- trician and to the City to require the removal of poles and wires and to require that wires be run below the surf'ace of' the ground and through, co.ndUi.ts or pipes_" However, if' such change is ,desired wri.tten notice. shall be given as provided in Section. 7 hereo,!, wbereupon, the_person" .firm, corporation" association ,or, any citizenushall be. entitle ,to a hearing in the, same manner and. within the.same" time. pr,ov.1ded in said Sec- tion 7. wUhen any.. such. change. shall ,have b,e,en ordered compli- ance therewi.th, shall be commenced. within the same time and pro- secuted in the same.mann,er as provided in said Section 7. o D u [ 195 Section 9., Where required by the City Electrician all wires shall be run below the surface of the ground in conduits or pipes under plans and spec~ficationB aub~ttedby the City Elec- trician and-such,work shall. be under his supervision and con- trol. Section 10. '" Each line of poles shall, be run on one side of the street, all,ey or avenued only, except when absolutely necess- ary to change to the other, side.; but, this. may be done ~only by permission of the Ci.ty, Electrician.. Cross arms shall be' of uni- form length" strengthened, by braces, and the cross arms of each company shall be branded or stamped with the initials of,the company owning them, and no wires shall be less than twenty- two feet from the ground in height. Section 11. All poles shall be painte d in accordance with the following conditions: (1) They shall,be painted.black .for a distance of seven feet above the ground line. , (.2"} From a distance of seven feet above the ground line they shall be pa~nted Q,uniform and distinctive color, s~e .to be deBignated by the City Electrician. (3) Whenever application is made for the purpose, it shalLbe...the duty of the City Electrician to assign. to each person" firm, -corporation ,or association, that have poles erect- ed or to be erected, a dU.tinc.tive color w1-th which said poles -are to be p.ain.t.eJi, and the,City E1e_ct.r~cian shall thereupon no tif,. the Comm.1.ss.ioner in charg.e.....of s.treets" the City Secre- tary and the Fire Marshall the name of the. person, firm, corpora- tion, or association, and the color so assigned. Sec tion 12_ If any section, paragraph, subdivision, clause, .phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional. Section 13. This ordinance shall take effect and be in force immed- iatel~ from and after its passage and approval. s~~tion MA 'All ordinances 'ana parts ,of ordinances in conflict t 196 with this 0rdinance are, hereby repealed. A.D. 1938. PASSED AND APPROVED this.., the .. ~~ C ,ecretary. [J o [I