[Added by Ord. #1325, § 7700]
As used in this Chapter:
COMMISSION
Shall mean the Public Utilities Commission of the State.
PERSON
Shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.
POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES
Shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located above ground within a District and used or useful in supplying electric, communication, or similar or associated service.
UNDERGROUND UTILITY DISTRICT OR DISTRICT
Shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 26-4.
UTILITY
Shall include all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.
[Added by Ord. #1325, § 7701]
The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and utilities concerned by mail of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
[Added by Ord. #1325, § 7702]
Prior to holding such public hearing, the City Engineer shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimated total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
[Added by Ord. #1325, § 7703]
If, after any such public hearing, the Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
[Added by Ord. #1325, § 7704]
Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in Section 26-4, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the District after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 26-10, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this Chapter.
[Added by Ord. #1325, § 7705]
Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed 30 days, without authority of the City Engineer, in order to provide emergency service. The City Engineer may grant special permission, on such terms as he may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate poles, overhead wires, and associated overhead structures.
[Added by Ord. #1325, § 7706]
In any resolution adopted pursuant to the provisions of Section 26-4 of this Chapter the City may authorize any or all of the following exceptions:
a. 
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
b. 
Poles or electroliers used exclusively for street lighting;
c. 
Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited;
d. 
Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
e. 
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
f. 
Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services;
g. 
Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and
h. 
Temporary poles, overhead wires, and associated wires and associated overhead structures used or to be used in conjunction with construction projects.
[Added by Ord. #1325, § 7707]
Within 10 days after the effective date of a resolution adopted pursuant to the provisions of Section 26-4, the City Clerk shall notify all affected utilities and all persons owning real property within the District thereby created of the adoption of the resolution. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 26-4, together with a copy of the provisions of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
[Added by Ord. #1325, § 7708; Ord. #1510]
If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to the provisions of Section 26-4, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the Commission. The supplying utility shall furnish the City Engineer with six complete sets of plans and specifications indicating the exact location and sizes of such underground facilities.
[Added by Ord. #1325, § 7709; Ord. #1510]
a. 
Every person owning, operating, leasing, occupying, or renting a building or structure within a District shall construct and provide that portion of the utility's service connections totally on his property between the facilities referred to in Section 26-9 and the termination facility on or within such building or structure being served, subject to the applicable rules, regulations, and tariffs of the respective utility on file with the Commission. If such connection is not provided by any person within the time provided for in the resolution enacted pursuant to Section 26-4, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after the receipt of such notice.
b. 
The notice to provide the required underground facilities may be given by personal service or by mail, or both. In the case of service by mail, such notice shall be deemed to have been received by the person to whom it was sent within 48 hours after the mailing thereof.
c. 
When notice is given by mail to the owner or occupant, the City Engineer shall file a copy of each notice with the Building Official and shall request the Building Official to inspect the premises and post a notice on a card, not less than eight inches by 10 inches in size, in a conspicuous place on each of the affected properties. The posting shall be accomplished within 48 hours after the time of the mailing of the notices.
d. 
The notice posted by the Building Official requiring approved underground connections between the utilities off-site and the on-site terminal at the building or structure shall specify precisely what work shall be done, shall state that if such work is not completed within 30 days after the posting of such notice the Building Official shall cause the required facilities to be completed, and shall state that the cost and expense of such undergrounding of facilities will be assessed against the property benefited and may become a lien upon the property.
e. 
If, upon the expiration of the thirty-day period, such approved underground facilities have not been provided for unoccupied premises and no electric or communication services are being, furnished thereto, the Building Official, in lieu of providing the required underground facilities, shall have the authority to order the disconnection and removal of any and all overhead service wires and associated equipment supplying utility service to the subject property.
f. 
If, upon the expiration of the thirty-day period, such approved underground facilities have not been provided for occupied premises, the Building Official shall forthwith cause the work to be done. Upon the completion of the work, the Building Official shall file a written report with the Council declaring that the required underground facilities have been provided and the cost thereof, together with a legal description of each of the properties against which such cost is to be assessed.
g. 
Upon receiving the report of the Building Official, the Council shall set a time and place for hearing protests against the assessment of the costs. The City Clerk shall provide notice in writing to the persons owning each of the properties affected, giving the time and place the Council will pass upon the report of the Building Official and hear protests against the report. Such notice shall give the address and legal description and shall set forth the amount of the proposed assessment on each property.
h. 
Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify, or reject the assessment.
i. 
If any assessment is not paid within 15 days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of 6% per year.
[Added by Ord. #1325, § 7710]
The City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to the provisions of Section 26-4.
[Added by Ord. #1325, § 7711]
In the event any act required by the provisions of this Chapter or by a resolution adopted pursuant to the provisions of Section 26-4 cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.
[Added by Ord. #1325, § 7712]
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to the penalty stated in Section 1-6. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person and shall be punishable therefor as provided for in this Chapter.