[HISTORY: Adopted by the City Council of the City of Jamestown 9-15-2003.
Amendments noted where applicable.]
The office of Director of Public Works is hereby created. He or she
shall be appointed by the Mayor, subject to the approval of a majority of
the members of City Council, for a term to run concurrently with the term
of the Mayor, at such salary as the City Council shall provide. The Director
shall be a certified professional civil engineer and resident of Chautauqua
County. He or she shall be a member of the Board of Public Utilities by virtue
of the office for the express purpose of coordinating construction work through
the public highways of the City. The Director of Public Works shall have jurisdiction
of the highways, sidewalks, pavements, sewers, public places and parks, the
maintenance of all other public properties of the City except as otherwise
provided herein, and shall perform such other duties as may be prescribed
by the City Council. All of the properties, records, premises and the like
now under the jurisdiction of the various departments of the City government
are hereby transferred to the jurisdiction and supervision of the Director
of Public Works as herein provided. The Director shall select such foreman,
advisors and employees as may be required for the purposes of this Department,
under the express authorization of the City Council.
The Director of Public Works shall have the control and management of
that part of every street, square and highway in said City lying between the
sidewalk and the curbline of the street, square or highway and shall have
the power, after proper investigation, to recommend to the City Council that
the property owners on any street, square or highway be required to grade,
improve and plant trees on that portion of the property between the sidewalk
and curb opposite or adjacent to their respective properties. If the City
Council approves of such recommendation, that fact shall be communicated to
the particular property owner, together with a specific statement of the things
required to be done by him as herein specified. If the property owner fails
to do the things required of him under the authority of this section, then
the City Council shall have the power to direct the Director of Public Works
to do the same, and the cost thereof shall become a lien upon the adjacent
property. The procedure in such cases as to review, assessment, levy and collection
of such cost shall be the same as is prescribed for the collection in the
City of the cost of constructing sidewalks ordered and constructed by the
City Council. The Director of Public Works shall have the power to prescribe
the variety and number of shade trees to be set out upon and along any street
in said City and to prohibit or regulate the cutting and trimming of any such
trees which now are or hereafter may be set out. The authority hereby given
shall be exercised with the consent of the City Council, and except as it
may give contrary directions in the premises, the power of the Director in
establishing the grade of any street, alley or highway shall be limited to
recommendations to be submitted to and approved by the City Council.
No person or corporation shall place any pipes, poles or string any
wires through, under or over any highways, parks or other public places of
the City without first filing an application, in writing, for permission so
to do with the Director of Public Works. The Director of Public Works shall
cause the summary removal of any poles, pipes, wires and the like which may
have been placed or erected other than at the place and in the manner lawfully
authorized by the City Council.
A.
The Director of Public Works, by the direction of the
City Council, is hereby authorized to prepare plans and estimates for the
construction of a conduit system through the highways and other public places
of the City. The City shall have a right to secure by purchase or by condemnation
necessary private lands required in the construction of such conduit system.
In the construction of such conduit system for the accommodation of the wires,
pipes and the like of the several public utilities of the municipality, the
City is hereby authorized to make it of sufficient size to accommodate and
provide ways for the private wire companies operating within the City to the
end that poles and wires may be eliminated from the public highways.
B.
The City Council is authorized to determine the sum which
the several public utilities and boards, having jurisdiction thereof, shall
pay for the use of such conduit system, and the City Council is hereby empowered
to lease to the private wire companies the privilege of placing their wires
within such conduit system. The City may provide funds to pay for the expense
of construction and provide, in the manner provided by law or in the City
Charter, for the payment of the principal of and interest on any obligations
issued for such purpose.
C.
The City Council is hereby authorized from time to time
to make such reasonable and impartial regulations requiring the wires of public-service
corporations and of the municipality to be placed underground and to enter
into all necessary contracts or agreements in reference thereto in its discretion.
The wires of a public service corporation shall not be required to be placed
underground unless the wire owned or used by the City on the same street or
highway for and in connection with a service which competes with the service
rendered by the public service corporation affected by the exercise of this
power is likewise required to be placed underground.
A.
Any City department or board shall have the power to
present to the City Council a written statement that a specified public improvement
or project within its jurisdiction is desirable, accompanied with details
as to the most expedient plan for construction, the probable cost of construction
and maintenance and the prospective revenue therefrom, together with such
other information as it may deem desirable. The City Council shall have the
power to direct any particular department or board to submit such detailed
plans, specifications, estimates and the like as to any particular contemplated
public project placed under the jurisdiction of the board or department by
this Charter.
B.
The City Council may likewise direct a proper committee
of citizens or its chosen technical advisers to present such a report, accompanied
by specifications, estimates and the like as herein defined, in relation to
any contemplated public project either within or without the jurisdiction
of a particular department or board. Upon receipt of such statement and report
from any board, department, committee or technical advisors, the City Council
may approve the recommendations therein contained and proceed to carry them
into effect.
