It is the purpose and intent of this chapter to establish regulations
and procedures for the removal of overhead utility facilities and
installation of underground facilities in underground utility districts.
(Ord. 64 § 1, 1972)
Whenever this chapter includes the words or phrases in this
section defined, they shall have the respective meanings assigned
to them in the following definitions:
means the Public Utilities Commission of the state.
means the removal of all or any part of any existing overhead
electric or communication facilities and the replacement thereof with
underground electric or communication facilities constructed at the
same or different locations.
means and includes individuals, firms, corporations, partnerships,
and their agents and employees.
means 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.
means 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 12.16.080.
shall include all persons or entities supplying electric,
communication or similar or associated service by means of electrical
materials or devices.
(Ord. 64 § 2, 1972; Ord. 240, 1980)
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
ten 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.
(Ord. 64 § 3, 1972)
Prior to holding a public hearing by the city council, the city
engineer shall consult with utilities affected by the proposal and
shall prepare a report for the city council's consideration
at the time of the public hearing.
(Ord. 64 § 4, 1972)
A.
Proceedings
for a conversion shall be initiated by either a petition or by a determination
of the city council.
C.
If initiated
by the city council, the council shall determine that the city or
a public utility has voluntarily agreed to pay over fifty percent
of all costs of conversion excluding costs of users' connections
to underground electric or communication facilities.
(Ord. 64 § 4.5, 1972; Ord. 240, 1980)
A petition for proceedings for conversion shall be signed by
not less than five owners of assessable land in the proposed assessment
district, as shown by the last equalized assessment roll used by the
city, owning lands constituting more than one-half of the area of
all assessable lands within the proposed assessment district.
(Ord. 64 § 4.6, 1972; Ord. 240, 1980)
The petition shall be filed with the city clerk, who shall thereupon
check or cause said petition to be checked. If the petition is signed
by the requisite number of qualified signers, the city clerk shall
execute a certificate of sufficiency and present said petition and
certificate to the city council.
(Ord. 64 § 4.7, 1972; Ord. 240, 1980)
Upon presentation of the petition and certificate of sufficiency
or upon determination of the city council as set forth in Section
12.16.050, and upon a finding by the city council that the public
necessity, health, safety or welfare requires it, the city council
may adopt a resolution declaring its intention to order the conversion
and designating the affected area an underground utility district.
Such resolution shall include a description of the area comprising
such district and shall fix the time within which affected property
owners must be ready to receive underground service. A reasonable
time shall be allowed for the conversion, having due regard for the
availability of labor, materials and equipment necessary for the removal
of overhead facilities and the replacement thereof with underground
facilities.
(Ord. 64 § 5, 1972; Ord. 240, 1980)
Whenever the city council creates an underground utility district
and orders the removal of poles, overhead wires and associated overhead
structures therein as provided in Section 12.16.080, 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 said overhead facilities
are required to be removed by such resolution, except as said overhead
facilities may be required to furnish service to an owner or occupant
of the underground work necessary for such owner or occupant to continue
to receive utility service as provided in Section 12.16.140 and for
such reasonable time required to remove said facilities after said
work has been performed, and except as otherwise provided in this
chapter.
(Ord. 64 § 6, 1972)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period not to exceed ten days,
without authority of the city 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.
(Ord. 64 § 7, 1972)
In any resolution adopted pursuant to Section 12.16.080, 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, when 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.
Antennas,
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;
H.
Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects.
(Ord. 64 § 8, 1972)
A.
Within
ten days after the effective date of a resolution adopted pursuant
to Section 12.16.080, the city clerk shall notify all affected utilities
and all persons owning real property within the district created by
said resolution of the adoption thereof. 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.
B.
Notification
by the city clerk shall be made by mailing a copy of the resolution
adopted pursuant to Section 12.16.080, together with a copy of this
chapter, to affected property owners as such are shown on the last
equalized roll and to the affected utilities.
(Ord. 64 § 9, 1972)
If underground construction is necessary to provide utility
service within a district created by any resolution adopted pursuant
to Section 12.16.080, 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.
(Ord. 64 § 10, 1972)
A.
Every
person owning, operating, leasing, 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 Section 12.16.130 and the termination facility on or within
said building or structure being served.
B.
In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 12.16.080, the city engineer shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
(Ord. 64 § 11, 1972)
The city shall remove at its own expense all city-owned equipment
from all poles required to be removed under this chapter 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 Section
12.16.080.
(Ord. 64 § 12, 1972)
In the event that any act required by this chapter or by a resolution
adopted pursuant to Section 12.16.080 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 will be accomplished shall be extended
for a period equivalent to the time of such limitation.
(Ord. 64 § 13, 1972)
