[§ 1, Ord. 514, eff. December 7, 1968]
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
(a) COMMISSION — Shall mean the Public Utilities Commission of
the State.
(b) 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 §
7-3.04 of this chapter.
(c) PERSON — Shall mean and include individuals, firms, corporations,
partnerships, and their agents and employees.
(d) 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 aboveground within a District and used or useful in supplying
electric, communication, or similar or associated service.
(e) UTILITY — Shall include all persons or entities supplying electric,
communication, or similar or associated service by means of electrical
materials or devices.
[§ 1, Ord. 514, eff. December 7, 1968]
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.
[§ 1, Ord. 514, eff. December 7, 1968]
Prior to holding such public hearing the City Manager 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 estimates of the 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.
[§ 1, Ord. 514, eff. December 7, 1968]
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.
[§ 1, Ord. 514, eff. December 7, 1968]
Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in §
7-3.04 of this chapter, 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 §
7-3.10 of this chapter, and for such reasonable time required to remove such activities after such work has been performed, and except as otherwise provided in this chapter.
[§ 1, Ord. 514, eff. December 7, 1968]
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 Council in order to provide emergency service.
The Council may grant special permission, on such terms as the Council
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.
[§ 1, Ord. 514, eff. December 7, 1968]
The provisions of this chapter and any resolution adopted pursuant to the provisions of §
7-3.04 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(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 overhead structures
used or to be used in conjunction with construction projects.
[§ 1, Ord. 514, eff. December 7, 1968]
Within 10 days after the effective date of a resolution adopted pursuant to the provisions of §
7-3.04 of this chapter, 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 §
7-3.04 of this chapter, 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.
[§ 1, Ord. 514, eff. December 7, 1968]
If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to the provisions of §
7-3.04 of this chapter, 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.
[§ 1, Ord. 514, eff. December 7, 1968]
(a) Every person owning, operating, occupying, or renting a building or structure within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in §
7-3.09 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
(b) In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection
(a) of this section within the time provided for in the resolution enacted pursuant to the provisions of §
7-3.04 of this chapter, the City Manager shall cause to be posted written notice on the property being served and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.
[§ 1, Ord. 514, eff. December 7, 1968]
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 §
7-3.04 of this chapter.
[§ 1, Ord. 514, eff. December 7, 1968]
In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of §
7-3.04 of this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.
[§ 1, Ord. 514, eff. December 7, 1968]
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 punished by a fine not exceeding
$500 or by imprisonment not exceeding six months, or by both such
fine and imprisonment.
Each such person shall be deemed guilty of a separate offense
for each day during any portion of which any violation of any of the
provisions of this chapter is committed, continued, or permitted by
such person and shall be punishable therefor as provided for in this
chapter.
[§ 1, Ord. 514, eff. December 7, 1968]
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this chapter.
The Council hereby declares that it would have adopted the provisions
of this chapter, and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid.