The following words and phrases, when used in any provision of this chapter, shall be construed to have the following meaning:
"Clerk"
means the clerk of the city council.
"Commission"
means the Public Utilities Commission of the state.
"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, excepting those that may be owned, controlled or operated by an irrigation district.
"Underground utility district" or "district"
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 12.16.030.
"Utility"
means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices, but excludes the Turlock Irrigation District and the Modesto Irrigation District.
(Ord. 70-5 §1(3), 1970; Ord. 79-6 Art. I §A (part) and Art. III §Q(1), 1979; Ord. 79-17 §1(part), 1979)
The city 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 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 city council shall be final and conclusive.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part) and Art. III §Q (2), 1979; Ord. 79-17 §1(part), 1979)
If, after any such public hearing, the city council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the city council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolutions 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. Pursuant to California Streets and Highways Code Section 5896.5, if the proceedings for conversion from overhead to underground installations is initiated by legislative determination, then the city council must first determine that the city or a public utility has voluntarily agreed to pay over fifty percent of all cost of conversion, except the cost of users' connections, in order to initiate conversion proceedings.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part) and Art. III §Q(3), 1979; Ord. 79-17 §1(part), 1979)
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 12.16.030, 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 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 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 12.16.090, 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. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part) and Art. III §Q (1), 1979; Ord. 79-17 §1(part), 1979)
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 city 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. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part) and Art. III §Q(1), 1979; Ord. 79-17 §1(part), 1979)
This chapter and any resolution adopted pursuant to Section 12.16.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. 
Any city facilities or equipment installed under the supervision and to the satisfaction of the director of public works;
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 thirty-four thousand five hundred 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;
H. 
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Within ten days after the effective date of a resolution adopted pursuant to Section 12.16.030, the clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. Notification by the clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.16.030, 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. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part) , 1979)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.16.030, 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. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
A. 
Every person owning, operating, leasing, occupying 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 Section 12.16.080 and the termination facility on or within said building or structure being served, all in accordance with 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 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 12.16.030, the director of public works 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. The cost of such action by the director of public works shall then constitute a lien on the property.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
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 Section 12.16.030.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.16.030 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. 70-5 §1(3), 1970; Ord. 79-6 Art. I §A, 1979; Ord. 79-17 §1, 1979)