Whenever in this chapter the words
or phrases defined in this section are used, they shall have the respective
meaning 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.
(Prior code § 5-9.42)
The council may from time to time
call 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.
(Prior code § 5-9.46)
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.
(Prior code § 5-9.47)
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
13.12.030, 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 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
13.12.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Prior code § 5-9.48)
Notwithstanding the provisions of
this chapter, overhead facilities may be installed and maintained
for a period, not to exceed 10 days, without authority of the city
engineer in order to provide emergency service. The city engineer
may grant special permission, on such terms as the city engineer 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.
(Prior code § 5-9.49)
In any resolution adopted pursuant to Section
13.12.030, 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. 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.
(Prior code § 5-9.50)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
13.12.030, 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.
(Prior code § 5-10.02)
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
13.12.030.
(Prior code § 5-10.04)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section
13.12.030, 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.
(Prior code § 5-10.05)