For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
shall mean the Public Utilities Commission of the State.
shall mean and include individuals, firms, corporations,
partnerships, and their agents and employees.
shall 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.
shall mean 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 9-8.03 of this chapter.
shall include all persons or entities supplying electric,
communication, or similar or associated service by means of electrical
materials or devices.
(Part I, Ord. 397, eff. August 7, 1968)
(a)
Hearings: Notice. 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 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.
(b)
Report by City official. Prior to holding such public hearing,
the City Manager or such other person as he may designate shall consult
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 costs 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.
(Part I, Ord. 397, eff. August 7, 1968)
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 shall 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.
(Part I, Ord. 397, eff. August 7, 1968)
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 9-8.03 of this chapter, 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 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 9-8.03 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.
(Part I, Ord. 397, eff. August 7, 1968)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period, not to exceed 30 days,
without authority of the Council in order to provide emergency service.
The City Manager may grant special permission, on such terms as he
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.
(Part I, Ord. 397, eff. August 7, 1968)
The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(a)
Any
municipal facilities or equipment installed under the supervision
and to the satisfaction of the City Manager;
(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, where 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,
pedestalmounted terminal boxes and meter cabinets, and concealed ducts;
and
(h)
Temporary
poles, overhead wires, and associated overhead structures used or
to be used in conjunction with construction projects.
(Part I, Ord. 397, eff. August 7, 1968)
Within 10 days after the effective date of a resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter, 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 subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Part I, Ord. 397, eff. August 7, 1968)
If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to the provisions of Section 9-8.03 of 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.
(Part I, Ord. 397, eff. August 7, 1968)
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 property between the facilities referred to in Section 9-8.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 9-8.03 of this chapter, the City Manager or his or her designate may utilize either or both of the following procedures:
(a)
Disconnection by utility. He may post written notice on
the property being served and 30 days thereafter may authorize the
disconnection and removal of any and all overhead service wires and
associated facilities supplying utility service to such property.
(b)
Work by City. He may give notice in writing to the persons
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 10 days after receipt of
such notice.
(1)
Service of notice. 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 shall 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 shall be addressed to the
owner thereof as such owner's name appears, and shall be addressed
to such owner's last known address as the same appears, on the last
equalized assessment roll. 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 48 hours after the mailing thereof. If notice is
given by mail to either the owner or occupant of such premises, the
City Manager shall, within 48 hours after the mailing thereof, cause
a copy thereof, printed on a card not less than eight inches by 10
inches in size, to be posted in a conspicuous place on such premises.
(2)
Contents of notice. The notice 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
30 days after receipt of such notice, the City will provide such required
underground facilities, in which case the cost and expense thereof
shall be assessed against the property benefitted and become a lien
upon such property.
(3)
Disconnection, construction, and assessment. If,
upon the expiration of the 30 day period, the required underground
facilities have not been provided, the City may 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 may, in lieu of providing the required underground facilities,
authorize the disconnection and removal of any and all overhead service
wires and associated facilities supplying utility service to the property.
Upon completion of the work, the City Manager shall file a written
report with the Council setting forth the fact that the required underground
facilities have been provided and the costs thereof, together with
a legal description of the property against which such costs are to
be assessed. The Council shall thereupon fix a time and place for
hearing protests against the assessment of the costs of such work
upon such premises, which time shall not be less than 10 days thereafter.
(4)
Notice of protest hearing. The City Manager 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
provided in this section for the giving of the notice to provide the
required underground facilities, of the time and place 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.
(5)
Protest hearing. Upon the date and hour set for
the hearing of protests, the Council shall hear and consider the report
and all protests, if there be any, and then proceed to affirm, modify,
or reject the assessment.
(6)
Lien upon property. 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, and the City Manager is directed to turn over
to the Assessor and Tax Collector a notice of lien on each of such
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 such
assessment was not paid. Such assessment shall be due and payable
at the same time as property taxes are due and payable and, if not
paid when due and payable, shall bear interest at the rate of 6% per
annum.
(Part I, Ord. 397, eff. August 7, 1968)
The City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder 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 the provisions of Section 9-8.03 of this chapter.
(Part I, Ord. 397, eff. August 7, 1968)
In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 9-8.03 of 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 shall be accomplished shall be extended for a period equivalent to the time of such limitation.
(Part I, Ord. 397, eff. August 7, 1968)
(Part I, Ord. 397, eff. August 7, 1968; repealed by Part 4, Ord. 508, eff. July 24, 1975)
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this chapter.
The Council hereby declares that it would have adopted this chapter,
and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.
(Part I, Ord. 397, eff. August 7, 1968)
