City of Somerville header
File #: 212743    Version: 1
Type: Communication Status: Placed on File
File created: 12/2/2021 In control: City Council
On agenda: 12/9/2021 Final action: 12/9/2021
Enactment date: 12/9/2021 Enactment #: 212743
Title: Assistant City Solicitor responding to Item #212567 regarding overhead wires.
Attachments: 1. Utility Power Lines 1-5-2016

  Agenda Text

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Assistant City Solicitor responding to Item #212567 regarding overhead wires.

 

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Official Text

To the Honorable City Council:

 

In response to #212567

 

That the City Solicitor explore an ordinance that addresses overhead wires that are left dangling and/or wrapped around telephone poles through the City.

 

In my opinion, adequate legal authority exists for the City to remove abandoned wires.

 

In a letter previously submitted on January 5, 2016, the Solicitor’s office reviewed existing legal authority and concluded Somerville Ordinance 11-51(c) provides that “the superintendent of highways, electric lines, and lights may cause abandoned wires to be removed.” This local authority is consistent with MGL c. 86 § 7 providing that the “[council]… may cause the removal from public ways and places of unused… wires…at the expense of the owners thereof.”

 

I have verified that there have been no changes to existing law, therefore the opinion remains effective.

 

Please contact me if you have additional questions.

 

Jason Piques

Assistant City Solicitor