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.
"Person"
means individuals, firms, corporations, partnerships, and
their agents and employees.
"Poles, overhead wires and associated overhead structures"
mean poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and appurtenances
located aboveground within a district and used or useful in supplying
electric, communication or similar or associated service.
"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
12.12.050 of this chapter.
"Utility"
means all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 28 § 1, 1973)
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
hearing 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 such hearings, all persons interested shall be given an
opportunity to be heard. The decision of the council shall be final
and conclusive.
(Ord. 28 § 2, 1973; Ord. 100 § 86, 1976)
Prior to holding the public hearing provided for in Section
12.12.020, the city engineer 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 cost 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. 28, § 3, 1973)
Prior to the creation of an underground utility district, the
department of public works 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. 100 § 89, 1976)
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. 28 § 4, 1973)
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein to eliminate an unusually heavy concentration of overhead distribution facilities or to clear a street which carries a heavy volume of traffic or to clear a street which passes through a civic area, as provided in Section
12.12.050, 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 such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of the property of the underground work which is necessary for such owner or occupant to continue to receive utility service as provided in Section
12.12.110, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.
(Ord. 28 § 5, 1973; Ord. 100 § 87, 1976)
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 department of public works in order to provide
emergency service. The department of public works may grant special
permission, on such terms as the department of public works may deem
appropriate, in cases of unusual circumstances, to any person to erect,
construct, install, maintain, use or operate poles and overhead lines
and associated overhead structures within any underground utility
district, provided, that prior thereto the department of public works
shall have made a finding that granting of such special permission
does not violate the general purposes of this chapter, will not be
detrimental to the public interest, welfare, safety, peace or health
and that such action will not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the underground
utility district.
(Ord. 28 § 6, 1973; Ord. 100 § 88, 1976)
In any resolution adopted pursuant to Section
12.12.050, 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 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. 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. 28 § 7, 1973)
Within ten days after the effective date of a resolution adopted pursuant to Section
12.12.050, the city clerk shall notify all affected utilities and all persons owning real property within the district created by such 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 12.12,050, 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. 28 § 8, 1973)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
12.12.050, 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. 28 § 9, 1973)
The city shall remove at its own expense all city-owned equipment from all poles required to be removed by 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
12.12.050.
(Ord. 28 § 11, 1973)
In the event that any act required by this chapter or by a resolution
adopted pursuant to Section 12.12,050 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 circumstance 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. 28 § 12, 1973)