never_forget_our_brothers
05-17-2010, 03:33 AM
Ohio Edison seeks $38,000 for utility pole move
about 22 hours ago
by Amanda Harnocz
Reporter
Tallmadge -- The Ohio Edison Co. filed a civil suit against the city requesting Tallmadge pay about $38,000 for the utility pole that was moved from the proposed center of the Six Corners roundabout project, and the poles added around it.
Mayor Dave Kline said the pole, which would have landed in the center of the $1.6 million roundabout project -- where East Howe Road, Northeast Avenue and North Munroe Road intersect -- has already been moved to the side of the roundabout and other poles have been added to the spokes off of the roundabout so the utility line will go around, instead of through it.
Former Mayor Christopher Grimm previously said the pole needed to be moved because he felt it was a safety issue and he anticipated that some motorist might accidentally drive through the center portion of the roundabout.
According to the suit filed with the Summit County Court of Common Pleas, Ohio Edison presented Tallmadge with a compromise it felt could safely keep the utility pole in the center island.
Kline said Ohio Edison's proposal was to keep the utility pole in the center island and put concrete barriers and shrubs up around it which "safely accommodates the construction of the roundabout and fully complies with the requirements of Ohio law relating to a public utility's right to use the public right-of-way," according to the utility company.
Because the city felt the pole in its original spot could pose safety problems, Tallmadge requested the Ohio Edison move the pole, and the company is now seeking payment for the cost to move it -- $38,792, which was, according to Ohio Edison, unnecessary and more expensive than putting up the barriers in the pole's original location.
The mayor, who said he can no longer comment because the situation is in litigation, did say that before the suit, the city's stance was that Tallmadge was not going to pay to move the utility poles.
"It was important to get the poles out of the public right-of-way. If someone would have gone straight and hit a utility pole -- it could have been catastrophic," said Kline.
Ohio Edison, according to court documents, claims that the company "has a legal right to place its utility poles within public road right-of-way ... so long as such poles do not incommode the public," which is why they are requesting Tallmadge pay for the move.
City Council passed legislation in April which requires Law Director Penny Taylor to litigate, defend or settle the dispute with Ohio Edison.
"Historically, a utility company may be required to relocate its lines at its own expense when such relocation is demanded by public necessity and for public safety and welfare," Taylor previously said. "Our hope is to resolve this in a way that maintains the good working relationship the city has had with [Ohio Edison]."
E-mail: aharnocz@recordpub.com
Phone: 330-686-3911
http://www.tallmadgeexpress.com/news/article/4826883
about 22 hours ago
by Amanda Harnocz
Reporter
Tallmadge -- The Ohio Edison Co. filed a civil suit against the city requesting Tallmadge pay about $38,000 for the utility pole that was moved from the proposed center of the Six Corners roundabout project, and the poles added around it.
Mayor Dave Kline said the pole, which would have landed in the center of the $1.6 million roundabout project -- where East Howe Road, Northeast Avenue and North Munroe Road intersect -- has already been moved to the side of the roundabout and other poles have been added to the spokes off of the roundabout so the utility line will go around, instead of through it.
Former Mayor Christopher Grimm previously said the pole needed to be moved because he felt it was a safety issue and he anticipated that some motorist might accidentally drive through the center portion of the roundabout.
According to the suit filed with the Summit County Court of Common Pleas, Ohio Edison presented Tallmadge with a compromise it felt could safely keep the utility pole in the center island.
Kline said Ohio Edison's proposal was to keep the utility pole in the center island and put concrete barriers and shrubs up around it which "safely accommodates the construction of the roundabout and fully complies with the requirements of Ohio law relating to a public utility's right to use the public right-of-way," according to the utility company.
Because the city felt the pole in its original spot could pose safety problems, Tallmadge requested the Ohio Edison move the pole, and the company is now seeking payment for the cost to move it -- $38,792, which was, according to Ohio Edison, unnecessary and more expensive than putting up the barriers in the pole's original location.
The mayor, who said he can no longer comment because the situation is in litigation, did say that before the suit, the city's stance was that Tallmadge was not going to pay to move the utility poles.
"It was important to get the poles out of the public right-of-way. If someone would have gone straight and hit a utility pole -- it could have been catastrophic," said Kline.
Ohio Edison, according to court documents, claims that the company "has a legal right to place its utility poles within public road right-of-way ... so long as such poles do not incommode the public," which is why they are requesting Tallmadge pay for the move.
City Council passed legislation in April which requires Law Director Penny Taylor to litigate, defend or settle the dispute with Ohio Edison.
"Historically, a utility company may be required to relocate its lines at its own expense when such relocation is demanded by public necessity and for public safety and welfare," Taylor previously said. "Our hope is to resolve this in a way that maintains the good working relationship the city has had with [Ohio Edison]."
E-mail: aharnocz@recordpub.com
Phone: 330-686-3911
http://www.tallmadgeexpress.com/news/article/4826883