school committee. The president of the municipal council [1915, 264, Spec., 319, Spec.] AN ACT RELATIVE TO WIRES AND ELECTRICAL APPLIANCES IN Chap.253 THE CITY OF EVERETT. Be it enacted, etc., as follows: electrical regulation, etc. SECTION 1. The city council of the city of Everett may, Wires and by ordinance, designate some officer or officers of the city appliances in who shall have exclusive authority to cause to be removed Everett, from the streets or parts of streets of the city hereinafter named, all telegraph, telephone and electric light, motor and power wires, cables and conductors, in or above said. streets or parts of streets, and all poles and other structures in said streets used for the support of the same, except such structures, poles, wires, cables and conductors as are hereinafter excepted. Such officer or officers shall grant all necessary permits for placing, maintaining and operating such wires, cables and conductors, and any other necessary appurtenances in underground conduits and manholes, subject to the ordinances of the city; and the superintendent of streets or other officer having charge of the highways of said city shall issue all permits for opening and occupying the streets which may be necessary to carry out the intent of this provision, upon the application of the officer or officers first above mentioned or of any person or corporation interested. certain streets. SECTION 2. The provisions of this act shall apply to To apply to the following streets or parts of streets: Broadway from Main street to Gledhill avenue; Ferry street from Elm street to the Malden line. All the overhead wires, cables, conductors, poles and structures in that part of Broadway above specified, except such as are hereinafter excepted, shall be removed or placed underground prior to the first day of January, nineteen hundred and twenty-one; and all the overhead wires, cables, conductors, poles and structures in that part of Ferry street above specified, except such as are hereinafter excepted, shall be removed or placed underground prior to the first day of January, nineteen hundred and Proviso. Petition for exemption or extension. Duties of owners or users of overhead wires, etc. twenty-three: provided, that such permits as are necessary are granted in due season, so that the work may be completed within the time aforesaid; it being the purpose of this act to cause the removal from the parts of streets above named of all wires, cables, conductors, poles and structures, except those hereinafter excepted, within the periods above specified. And it shall be the duty of said officer or officers to see that the same are so removed. But any street railway, telegraph or telephone company subject to the provisions of this act may petition the public service commission, and any other company or person subject to the provisions of this act may petition the board of gas and electric light commissioners, for the exemption from the provisions of this act of any wires, cables, conductors, poles and structures, or for any extension or extensions of time for compliance with said provisions. And said commission or said board, as the case may be, may grant any such exemption or extension which they deem reasonable; and any exemptions or extensions granted by said commission or said board, by an order passed after notice to the mayor and aldermen of said city, who shall be entitled to be heard, and a public hearing, shall have the same force and effect as if specially provided for herein. SECTION 3. Every owner or user of overhead wires, cables or conductors, and of poles and other structures for the support thereof, in that part of Broadway specified in section two, shall, prior to the first day of January, nineteen hundred and twenty-one, construct the underground conduits, ducts and manholes which it shall desire to use in that part of said Broadway, and remove therefrom its overhead wires, cables and conductors and any poles or other structures used for the support thereof, except such as may be exempted under the provisions of this act; and every owner or user of overhead wires, cables or conductors and of poles and other structures for the support thereof, in that part of Ferry street specified in section two, shall, prior to the first day of January, nineteen hundred and twentythree, construct the underground conduits, ducts and manholes which it shall desire to use in that part of said Ferry street, and remove therefrom its overhead wires, cables and conductors and any poles or other structures used for the support thereof, except such as may be exempted under the provisions of this act; and upon the removal from overhead of such wires, cables or conductors, the owners or users thereof may place the same and any other necessary wires, cables or conductors or any extensions thereof in such underground conduits. It shall be the duty of the officer or officers provided for in section one to see that the requirements of this section are complied with. etc., regulated. wires, cables, SECTION 4. No person, firm or corporation shall place Placing of poles, any poles or other structures for the support of any wires, cables or conductors, except those herein excepted, in those parts of the streets prescribed in section two from which the overhead wires, cables and conductors shall have been removed pursuant to this act, except temporarily and in emergencies, with the permission of the officer or officers designated pursuant to section one. If, after the expiration of the time herein prescribed for the removal of all the wires, cables, conductors, poles and structures in the streets or parts of streets above specified, there shall remain in any of said streets or parts of streets any wires, cables, conductors, poles or structures which are by this act required to be removed or placed underground, the officer or officers designated pursuant to section one shall cause the same to be removed, and the city may collect from the owners or users thereof, by an action at law, any expense involved in such removal. SECTION 5. The officer or officers designated pursuant Removal of to section one may at any time, upon application of any etc. person, firm or corporation duly authorized by law to lay or to erect and maintain, and lawfully maintaining, wires in the streets of said city, grant permission for the removal of any wires, cables, conductors, poles or structures in any of the streets of said city, whether within or without the streets specified in section two, and for the placing of the same and any other necessary wires, cables and conductors, and any extensions thereof, underground as herein provided; and it shall be the duty of the commissioner of streets, or other officer having charge of the highways in said city, and he shall have authority, after the granting of such permission, to issue all permits for opening and occupying the streets of said city which may be necessary to carry out the intent of this act, upon the application of said officer or officers or of any person or corporation interested. Said officer or officers shall, after public notice and hearing as required by law, grant locations for such additional poles for local distribution from underground wires, cables or conductors and for the support of lamps as may become reasonably necessary by reason of work done under the pro Certain corporations may contract with each other etc. visions of this act, specifying where such poles may be located and the kind of poles to be used. SECTION 6. The Malden Electric Company, the Boston Elevated Railway Company and the Bay State Street Railto use conduits, way Company, or any two of said companies, may contract with each other for the use of such of the underground conduits, ducts, manholes, cables and conductors of each other in the city of Everett as any of said companies, or its successors or assigns, may desire to use, upon such terms and conditions as may be agreed upon by said companies, respectively; and in case of the purchase by any municipality of the plant and property of said Malden Electric Company in the city of Everett, any such conduits, ducts, manholes, cables and conductors as shall have been provided by it for the use of either or both of the other companies above named pursuant to the provisions of this section shall be a part of the plant and property so purchased. Exemptions. Filing of maps, required. SECTION 7. Except as herein otherwise provided, this act shall not apply to long distance telegraph or telephone wires, posts for the support of lamps exclusively, or to poles used exclusively for local distribution from underground wires, cables or conductors, or to street railway trolley, guard and span wires or to poles for the support of the same; nor shall it revoke or affect any rights already granted to any person, firm or corporation to place or maintain any conduits, pipes, wires, cables or conductors underground; but any such conduits, pipes, wires, cables or conductors, laid hereafter in pursuance of any such grant, shall be laid subject to the provisions of this act so far as they are not inconsistent with the terms of such grant. For the purposes of this act no wire shall be deemed to be a long distance telegraph or telephone wire which does not extend at least twenty-five miles from some central office. SECTION 8. When any person or corporation operating or intending to operate wires, cables, conductors or conduits in any streets or parts of streets of said city shall desire or be required to place the same underground, and shall have been duly authorized so to do, such person or corporation shall file with the city engineer of the city a map or maps made to scale, showing the streets or parts thereof which are desired or required to be used for said purpose, and giving the locations, dimensions and courses of the underground conduits desired or required to be constructed, which map or maps shall be satisfactory to, and approved in writing by, appeal. the city engineer before any permit shall be granted to make city council. SECTION 10. The city council of said city may make Powers of such new ordinances, not inconsistent with or additional to the provisions of this act, as may be necessary or expedient to carry into effect the purposes of this act. No existing ordinances of said city shall apply to or govern the grants or permits to be made, the work to be done, or the conduits, manholes, cables or conductors to be laid or constructed, pursuant to the provisions of this act. of provisions. SECTION 11. The supreme judicial court or the superior Enforcement court, or any justice thereof, shall, on petition of the officer or officers designated under section one, or of any person, firm or corporation affected by the provisions of this act, have jurisdiction in equity to enforce the provisions of this act or any order of said officer or officers issued pursuant thereto, and to compel compliance therewith. SECTION 12. This act shall take effect upon its passage. [1907, 550; 1908, 336; 1909, 313; 1910, 284, 631; 1911, 342; 1912, 259, 369, 370, 713; 1913, 50, 577, 586, 704, 729; 1914, 119, 205, 248, 595, 782.] AN ACT RELATIVE TO THE ERECTION OF BUILDINGS IN THE Chap.254 CITY OF BOSTON. Be it enacted, etc., as follows: buildings in SECTION 1. If any building erected in the city of Boston Erection of since the first day of August in the year nineteen hundred Boston. and seven, under a permit granted by the building commissioner or issued by direction of the board of appeal, appears to have been erected contrary to the law existing at the time of its erection, such building shall be considered as |