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