For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means the Public Utilities Commission of the state.
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 aboveground 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 13.32.030.
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Prior code § 21A-1)
Where none currently exist, new poles, overhead wires and associated overhead structures, supplying electric energy at nominal voltages under thirty-four and one-half kiloVolts, communication, or similar or associated services shall be prohibited. All such new installations shall be installed underground except therefrom as provided by Section 13.32.060.
(Ord. O2018-23 § 1)
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 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 council shall be final and conclusive.
(Prior code § 21A-2; Ord. 775 § 13, 1987)
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 § 21A-3)
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 13.32.030, 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 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 Section 13.20.090, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter.
(Prior code § 21A-4)
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 council* in order to provide emergency service.
The council* may grant special permission, on such terms as the council[1] 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 § 21A-5)
[1]
Editor's Note: If the city prefers, this could be the director
of public works or some other appropriate city official.
In any resolution adopted pursuant to Section 13.32.030, 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 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.
(Prior code § 21A-6)
A.
Within ten days after the effective date of a resolution adopted pursuant to Section 13.32.030, 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 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 line of the supplying utility or utilities at a new location.
(Prior code § 21A-7)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.32.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipments required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.
(Prior code § 21A-8)
A.
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 13.32.080 and the termination facility on or within the building or structure being served.
B.
In the event any person owning, operating, leasing, occupying or renting such 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 13.32.030, the city engineer 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 such property. [For alternative procedures, see Section 13.32.100.]
(Prior code § 21A9(part))
A.
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 13.32.090 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 Section 13.32.030, 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.
B.
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
appears, and must be addressed to such owner's last known address
as the same appear on the last equalized assessment roll, and when
no address appears, to general delivery, City of Manteca. 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 the premises.
C.
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.
D.
If
upon the expiration of the thirty-day period, 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, he or she shall file a written report with the city
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.
E.
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 thereof 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. Such notice shall also set forth the amount
of the proposed assessment.
F.
Upon
the date and hour set for the hearing of protests, the council shall
hear and consider the report and all protests, if there by any, and
then proceed to affirm modify or reject the assessment.
G.
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 the 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 and, if not paid when
due and payable, shall bear interest at the rate as specified in Sections
2617 and 2618 of the Revenue and Taxation Code of the state as presently
existing or as hereafter amended.
(Prior code § 21A9(part))
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 13.32.030.
(Prior code § 21A-10)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.32.030 cannot be performed within the time provided on account of shortage of material, 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 § 21A-11)
