Whenever in this chapter the following words or phrases are
used, they shall have the respective meanings assigned to them in
this section.
means the Public Utilities Commission of the State of California.
means the removal of all, or any part, of any existing overhead
electric or communication facilities and the replacement thereof with
underground electric or communication facilities constructed at the
same or different locations.
means and includes individuals, firms, corporations, partnerships,
and their agents and employees.
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.
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 12.40.030.
means all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Prior code § 20-56; Ord. 580-88 § 1)
Proceedings for a conversion shall be initiated by either a
petition or by a determination of the council.
A.
In
order to initiate proceedings by petition, the petition shall:
1.
Be
signed by not less than five owners of assessable land in the proposed
assessment district, as shown by the last equalized assessment roll
used by the city, owning lands constituting more than one-half of
the area of all assessable lands within the proposed assessment district;
2.
Describe
the proposed assessment district, as provided in California Streets
and Highways Code Section 5181;
3.
Generally
describe the proposed conversion;
4.
Request
that proceedings for such conversion be taken pursuant to this chapter.
B.
In
order for the council to initiate conversion proceedings, the council
shall determine that the city has agreed to pay over fifty percent
of all costs of conversion, excluding costs of users' connections
to underground electric or communication facilities, or that a public
utility has allocated funds to the extent required by Rule 20A of
the California Public Utilities Commission and in an amount that would
allow the city to pay over fifty percent of such costs.
(Prior code § 20-57; Ord. 580-88 § 2; Amended during
6/30/96 supplement)
A.
Upon presentation of a petition and certification of its sufficiency by the city clerk, or upon a determination pursuant to Section 12.40.020(B), the council may, after finding that the public necessity, health, safety or welfare requires a conversion, declare by resolution of intention that such designated area is an underground utility district composed of such property owners as it determines and declare its intention to order conversion in such area. In considering the feasibility of any such district, the council may consider the requests of the property owners and such reports as are furnished to the council.
B.
A resolution
of intention enacted pursuant to this chapter shall include a description
of the area comprising such a district, shall generally describe the
kind of work contemplated, give the location of the proposed work,
refer to any existing plans, profiles, drawings and/or specifications
as may be suitable to provide a detailed description of such work,
and contain an estimate of the total cost of the proposed work. The
resolution 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 Streets and Highways
Code Section 5132, the resolution shall also contain a notice of the
day, hour and place when and where any and all persons having any
objections to the proposed work may appear before the council and
show cause why the conversion should not be carried out in accordance
with the resolution of intention. Additionally, the notice shall contain
the name and telephone number of the city department which shall answer
inquiries regarding the hearing proceedings. The hearing shall be
held not less than fifteen nor more than sixty days from the date
of the passage of the resolution.
C.
The
city clerk shall cause the resolution of intention to be published
in a newspaper of general circulation not less than ten days prior
to the date of the hearing stated in the resolution. Copies of the
resolution shall be posted along the line of the contemplated work,
at not more than three hundred feet in distance apart, but not less
than three copies in all. Additionally, copies of the notice shall
be posted on all open streets within the contemplated underground
utility district at not more than three hundred feet in distance apart
on each street so posted. The notices posted shall be headed "Notice
of Improvement" in letters of not less than one inch in height. All
postings must be fully completed at least ten days before the date
set for the hearing of objections.
D.
The
city clerk shall give notice by mail of the adoption of the resolution
of intention to all persons owning real property which is proposed
to be assessed to pay any part of the cost of the work, whose names
and addresses appear on the last equalized assessment roll or as known
to the clerk. Such notice shall be mailed at least fifteen days prior
to the date fixed for the hearing. The notice shall contain a statement
of the time, place and purpose of the hearing on the resolution of
intention and a statement of the total estimated costs of the proposed
improvement, the amount of any contribution of work or labor and any
portion of materials, supplies or equipment which is to be made by
any local, state or national agency or authority, together with a
statement that any person interested may file a written protest at
or before the hearing.
E.
Any
protests against the proposed conversion shall be in writing and shall
be delivered to the city clerk no later than the time set for hearing.
The written protests shall conform to the requirements of Streets
and Highways Code Section 5220.
F.
After
considering all protests at the hearing, the council may by resolution
order the formation of the underground utility district and commencement
of the conversion work.
(Prior code § 20-58; Ord. 580-88 § 3)
A.
Within
ten days after the effective date of a resolution adopted pursuant
to this chapter, 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 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.
B.
Notification
by the clerk shall be made by mailing a copy of the resolution, together
with a copy of this chapter, to the affected property owners as such
are shown on the last equalized assessment roll and to the affected
utilities.
(Prior code § 20-59)
In any resolution adopted pursuant to this chapter, 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 streetlighting;
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,
pedestalmounted 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 § 20-60)
A.
Whenever
the council creates an underground utility district and orders the
removal of poles, overhead wires and associated overhead structures
therein as provided in this chapter, it is unlawful for any person
or utility company to erect poles, overhead wires and associated 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 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 this chapter, and for such reasonable time
required to remove such facilities after the work has been performed,
and except as otherwise provided in this chapter.
B.
Notwithstanding
the provisions of this chapter, overhead facilities may be installed
and maintained for a period not to exceed thirty days without authority
of the city manager in order to provide emergency service. The city
may grant special permission, on such terms as the city 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 § 20-61)
If underground construction is necessary to provide utility
service within a district created by any resolution adopted pursuant
to this chapter, 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 § 20-62)
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in Section 12.40.070 and the termination facility on or within such building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to this chapter, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.
(Prior code § 20-63(a))
A.
The
notice to provide the required underground facilities may be given
either by personal service or by mail. In case of service by mail
on either of such persons, the notice must be deposited in the United
States Mail in a sealed envelope with postage prepaid, addressed to
the person in possession of such premises at such premises, and the
notice must be addressed to the owner thereof as such owner's name
and last known address appears on the last equalized assessment roll,
and when no address appears, to General Delivery, city of Lawndale.
If notice is given by mail, such notice shall be deemed to have been
received by the person to whom it has been sent within forty-eight
hours after the mailing thereof. If notice is given by mail to either
the owner or occupant of such premises, the city engineer shall, within
forty-eight hours after the mailing thereof, cause a copy thereof,
printed on a card not less than eight inches by ten inches in size,
to be posted in a conspicuous place on such premises.
B.
The
notice given by the city engineer to provide the required underground
facilities shall particularly specify what work is required to be
done, and shall state that if such work is not completed within thirty
days after receipt of such notice, the city engineer will provide
such required underground facilities, in which case the cost and expense
thereof will be assessed against the property benefited and become
a lien upon such property.
(Prior code § 20-63(b), (c))
A.
If, upon the expiration of the thirty-day period referred to in Section 12.40.090(B), the required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. Upon completion of the work by the city engineer, the city engineer shall file a written report with the council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.
B.
The
city engineer shall forthwith, upon the time for hearing such protests
having been fixed, give a notice in writing to the person in possession
of such premises, and a notice in writing to the owner thereof, in
the manner hereinabove provided for the giving of the notice to provide
the required underground facilities, of the time and place that the
council will pass upon such report and will hear protests against
such assessment. The notice shall also set forth the amount of the
proposed assessment.
C.
Upon
the date and hour set for the hearing of protests, the council shall
hear and consider the report and all protests, if there are any, and
then proceed to affirm, modify or reject the assessment.
D.
If
any assessment is not paid within five days after its confirmation
by the council, the amount of the assessment shall become a lien upon
the property against which the assessment is made by the city engineer,
and the city engineer is directed to turn over to the assessor and
tax collector a notice of lien on each of the properties on which
the assessment has not been paid, and the assessor and tax collector
shall add the amount of such assessment to the next regular bill for
taxes levied against the premises upon which the assessment was not
paid. The assessment shall be due and payable at the same time as
the property taxes are due and payable, and if not paid when due and
payable, shall bear interest at the rate of six percent per annum.
(Prior code § 20-63(d)—(g))
The city shall remove at its own expense all city-owned equipment
from all poles required to be removed pursuant to 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 this chapter.
(Prior code § 20-64)
In the event that any act required by this chapter or by a resolution
adopted pursuant to this chapter 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 § 20-65)
