(A) It shall be unlawful for anyone to proceed with moving along the streets or alleys or elsewhere in the city, any structure of such height or dimension as to come in contact with any telephone, telegraph, or electric light wires, or poles or fixtures, or either, without first presenting to the City Clerk a written statement duly signed by the Public Works Director, the City Engineer, and the person or the local manager of the company whose wires or poles or fixtures, or any of them, may be affected or disturbed as aforesaid, setting forth the estimated expense incident to the necessary changing, cutting, removing, raising, lowering, or handling of the wires or poles or fixtures in the instance of each person or company so affected, also specifying the streets and alleys to be used, and, at the same time, depositing with the City Clerk the amount of the aforesaid estimate, and receiving a written license and permit, and paying the City Clerk the sum set by ordinance of the City Council and set out in Chapter 38, Fee Schedule.
(B) Provided, that the aforesaid estimated compensation to the person or company whose wires or poles or fixtures may be affected by the moving of the structure shall in nowise preclude recovery from the owner of the structure so moved, of any and all damages that may be caused in excess of the amount estimated and deposited as aforesaid, and which shall be paid over to the person or company that may be entitled thereto on the completion of the removal, and it is hereby made unlawful for anyone, except some employee or representative of the person or company whose wires or poles or fixtures, or any of them, may be disturbed or affected by the moving of the structure, to attempt to, or change, cut, remove, raise or lower or handle in any way any of the wires or poles or fixtures.
(Prior Code, § 9-703) (Ord. 2016-2928, passed 5-16-2016; Ord. 2020-2996, passed 2-17-2020) Penalty, see § 150.999
Statutory reference:
Authority, see Neb. RS 16-209, 16-210, 60-6,299