The City Council may from time to time establish underground
utility districts in accordance with the procedures set forth in this
article.
(Ord. 562 § 3, 2019)
A.
To establish
an underground utility district, the City Council must adopt a resolution
of intention to establish such district and hold a public hearing
to determine whether the public 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.
B.
The
City Clerk must notify all owners of property within the proposed
district, as shown on the last equalized assessment roll, and all
utilities concerned by mail of the time and place of the hearing on
such resolution at least 10 days prior to the date of the hearing.
C.
The
public hearing required by this section must be open to the public
and may be continued from time to time. At the public hearing all
persons interested will have an opportunity to be heard. The decision
of the City Council is final and conclusive.
(Ord. 562 § 3, 2019)
A.
If, after the public hearing on the resolution of intention required by Section 9.08.210, the City Council adopts a resolution of intention to establish an underground district, the City Council may establish the underground utility district by ordinance declaring such designated area an underground utility district, and order such removal and underground installation.
B.
The ordinance contemplated by subsection A must include a description of the area comprising the underground district and must provide that the City Council will adopt a resolution setting the time by which all removal and underground installation must be accomplished and by which affected property owners must be ready to receive underground service. A reasonable time must be allowed for such removal and underground installation, considering the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities.
(Ord. 562 § 3, 2019)
A.
Within 10 days after the effective date of an ordinance establishing an underground utility district adopted pursuant to Section 9.08.220, the City Clerk must give notice of the adoption of such ordinance to all affected utilities and to all persons owning real property within the underground utility district established by such ordinance. Notification by the City Clerk must be made by mailing to all owners of property within the district as such are shown on the last equalized assessment roll and to the affected utilities a copy of the ordinance adopted pursuant to Section 9.08.220.
B.
Within
10 days after the City Council adopts a resolution setting the date
for undergrounding of said utilities, the City Clerk must provide
the following notices:
1.
To
all affected property owners of the adoption of the resolution and
that if any person occupying such property wants to continue receiving
any associated service, that person must provide all necessary facility
changes on their premises in order to receive service from the utility
or utilities, subject to applicable rules, regulations and tariffs
of the respective utility or utilities on file with the commission;
and
2.
To
all affected utilities of the adoption of a resolution of the City
Council setting the date by which the utilities must furnish the necessary
underground service facilities and remove their overhead service facilities.
(Ord. 562 § 3, 2019)
Reimbursement of construction costs for the undergrounding of
private property service connection will take place in accordance
with the policy adopted by City Council.
(Ord. 562 § 3, 2019)
This chapter and any ordinance adopted pursuant to Section 9.08.220 does not apply to the following types of facilities, unless otherwise provided in such ordinance:
A.
Any
City 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
an underground utility district or connecting to buildings on the
perimeter of such a district, when such wires originate in an area
where poles, overhead wires and associated overhead structures are
permitted;
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
or person for furnishing or receiving 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;
I.
New
or existing pole-to-anchor guy wires within the district necessary
to support overhead facilities outside the boundary of the district
or poles within the district which have been specifically excepted
in the ordinance creating the district.
(Ord. 562 § 3, 2019)
