It is the purpose of this chapter to provide for the orderly removal of existing overhead facilities and the construction of new underground facilities by providing a procedure by which the Council may create an underground utility zone upon finding that it is in the public interest to do so.
(Ord. 42, 1968; Ord. 318-01)
The Council finds that the conversion of existing facilities from overhead to underground is most desirable and can be accomplished most practically in commercial and business districts, and that to require conversion in residential districts at the same time would pose financial hardship on the utilities and property owners.
(Ord. 42, 1968; Ord. 318-01)
A. 
The Council may initiate proceedings to determine whether or not to create an underground utility zone for the purpose of requiring existing overhead distribution facilities to be replaced with underground distribution facilities along public streets, roads and ways. The Council shall consult with each affected utility to determine whether or not undergrounding of utilities is in the public interest for one or more of the following reasons:
1. 
Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;
2. 
The street or road right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
B. 
The resolution of the Council shall generally describe the boundaries of the area proposed to be included in the underground utility zone.
(Ord. 42, 1968; Ord. 318-01)
When the Council determines to hold a public hearing, the Town Clerk shall notify property owners and utilities in the proposed area by mailing notice of the time and place of the hearing. The notice shall be mailed at least 10 days before the date of the hearing.
(Ord. 42, 1968; Ord. 318-01)
The hearing is open to the public and the Council may continue it from time to time. At the hearing all persons interested shall be given an opportunity to be heard.
(Ord. 42, 1968; Ord. 318-01)
A. 
At the close of the public hearing, the Council shall determine whether or not undergrounding is in the general public interest for one or more of the following reasons:
1. 
Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;
2. 
The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
3. 
The street or road right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
B. 
The decision of the Council is final. If the Council finds that facilities should be installed underground, the Council shall adopt a resolution declaring the formation of the underground utility zone and ordering the removal of existing overhead distribution facilities and the installation of these facilities underground. The resolution shall describe the area of the underground utility zone and fix a reasonable time within which the work must be done.
(Ord. 42, 1968; Ord. 318-01)
A. 
Responsibility of Utility Companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.104.060, 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 Public Utilities Commission of the State.
B. 
Responsibility of Property Owners. Every person owning, operating, leasing or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his or her property between the facilities referred to in subsection A of this section and the termination facility on or within the building or structure being served, required to be furnished by him or her in accordance with the applicable rules, regulations and tariffs on file with the Public Utilities Commission of the State.
(Ord. 42, 1968; Ord. 318-01)
The Town and each Federal, State and local governmental agency and district is responsible for the removal of its police and fire alarm circuits or other equipment at its own expense from the facilities required to be removed. The responsible agency shall complete this work in sufficient time to enable the utility and property owner to remove the facilities for which they are responsible within the time specified in the resolution ordering removal.
(Ord. 42, 1968; Ord. 318-01)
Within 30 days after the adoption of the resolution creating the underground utility zone and ordering removal, the Town Clerk shall give notice to the utility affected and each property owner within the area designated in the resolution.
(Ord. 42, 1968; Ord. 318-01)
The notice shall:
A. 
State that the Council has adopted the resolution creating the underground utility zone;
B. 
Describe the area within the underground utility zone;
C. 
Advise each property owner of the necessity that if he or she, or the person occupying the property desires to continue to receive service, he or she, or the occupant shall provide all the necessary facility changes on the premises to receive service;
D. 
State the time within which the work must be completed.
(Ord. 42, 1968; Ord. 318-01)
The Town Clerk shall have a copy of the notice and resolution creating the underground utility zone and ordering removal mailed to each affected utility and to each property owner as known to him or her or as shown on the last equalized assessment roll.
(Ord. 42, 1968; Ord. 318-01)