§ 34. Paving. Pipes. Conduits.

The city council shall have power to cause the streets to be paved or repaved in such manner and with such materials as it may deem proper and it shall select the streets to be paved. It may make reasonable regulations relative to pipes and conduits which are in the streets to be paved and, as a preliminary to such paving, may order all such pipes and conduits to be relaid, renewed, repaired, placed and located in such manner as in its judgment will best protect such pavement when laid from being disturbed and will best secure the uninterrupted use of such streets as public highways. All persons and all other legal entities having ownership of or control over such pipes or conduits, shall comply with all such orders within such time as the orders of the city council shall specify. Such orders shall be in writing, signed by the city clerk, under authority of the city council, and attested copies thereof shall be served upon such persons or other legal entities, in person or by mail by registered letter, or certified mail, at least forty-eight hours before the work specified therein shall be required to be begun. Should any person neglect or refuse to comply with any such order, such city may apply to a court of competent jurisdiction, or to any judge thereof in vacation, for a mandamus to enforce compliance with such order or regulation.

(Amend. eff. 12-8-11)

Legislative history— Sp. No. 352, § 26, 1911; Sp. No. 367, 1913; Sp. No. 87, 1925; Sp. No. 118, 1927; Sp. No. 434, §§ 61, 62, 1931; Sp. No. 489, § 37, 1939.