Whenever in this Chapter the words or phrases hereinafter in
this Section defined are used, they shall have the respective meanings
assigned to them in the following definitions:
"Commission"
means the Public Utilities Commission of the State of California;
"Person"
means and includes individuals, firms, corporations, partnerships,
and their agents and employees;
"Poles, overhead wires and associated overhead structures"
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;
"Utility"
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 38 § 1, 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 fifteen (15)
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. 38 § 2, 1968; Ord. 463 § 6, 1999)
Prior to holding such public hearing the City Engineer or other
designated agent shall consult with 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.
(Ord. 38 § 3, 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 must 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.
(Ord. 38 § 4, 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 Section
13.04.040, it is 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 the overhead facilities are required to be removed by such resolution, except as the 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
13.04.100, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this Chapter.
(Ord. 38 § 5, 1968)
Notwithstanding the provisions of this Chapter, overhead facilities
may be installed and maintained for a period, not to exceed ten (10)
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.
(Ord. 38 § 6, 1968)
In any resolution adopted pursuant to Section
13.04.040, the City may authorize any or all of the following exceptions:
(a) Municipal Facilities. Any municipal facilities or equipment installed
under the supervision and to the satisfaction of the City Council
or person authorized by the City Council;
(b) Street Lighting. Poles, or electroliers used exclusively for street
lighting;
(c) Overhead Wires. 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) Voltage. Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal voltages in
excess of thirty-four thousand five hundred (34,500) volts;
(e) Overhead Wires Attached to Exterior Surface. 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. Antennae, associated equipment and supporting structures,
used by a utility for furnishing communication services;
(g) Equipment. Equipment appurtenant to underground facilities, such
as surface mounted transformers, pedestal mounted terminal boxes and
meter cabinets, and concealed ducts;
(h) Temporary Equipment. Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction with construction
projects.
(Ord. 38 § 7, 1968)
Within ten (10) days after the effective date of a resolution adopted pursuant to Section
13.04.040, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the 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.
Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section
13.04.040, together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Ord. 38 § 8, 1968)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
13.04.040, 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. 38 § 9, 1968)
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
13.04.040.
(Ord. 38 § 11, 1968)
In the event that any act required by this Chapter or by a resolution adopted pursuant to Section
13.04.040 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. 38 § 12, 1968)