For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. 
"Commission"
means the Public Utilities Commission of the state.
B. 
"Poles and overhead wires and associated overhead structures"
means poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground upon, along, across or over the streets, alleys and ways of the City, and used or useful in supplying electric, communication or similar or associated service.
C. 
"Underground utility district" or "district"
means an area in the City within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of LMC § 13.48.020.
D. 
"Utility"
means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(1960 code § 23A.1; Ord. 2065 § 1(A), 2018)
A. 
The Council may, from time to time, call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys or ways 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 shall notify all property owners, subscribers to utility service, and all utilities affected within the boundaries of the proposed underground utility district, by mail, of the time and place of the public hearing thereon at least 30 days prior to the date of such hearing. If, after any such public hearing, the Council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the Council shall, by resolution, declare such area an underground utility district.
C. 
The resolution shall include a description of the area comprising such district and shall fix the time within which such poles and overhead wires and associated overhead structures shall be removed and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.
(1960 code § 23A.2; Ord. 2065 § 1(A), 2018)
Within 20 days of the adoption of a resolution pursuant to LMC § 13.48.020, the city clerk shall notify all affected utilities, all persons owning real property as shown on the last equalized assessment rolls of the City, and all subscribers to affected utility services within the district described in such resolution. The city clerk shall further notify such owners and such subscribers of the necessity that, if they desire to continue to receive electric, communication or other similar or associated service, they 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission, and to the requirements of state laws and city ordinances.
(1960 code § 23A.7; Ord. 2065 § 1(A), 2018)
Any persons applying for a building permit or other permit or permission to improve land located within any underground utility district, or desiring electric power or communication service to serve any such land shall be responsible for compliance with this chapter, and no such building permit or other permit or permission shall be issued or given unless and until such person shall submit satisfactory proof that necessary arrangements have been made with utility companies (or agents involved) for underground installation of facilities as required pursuant to this chapter.
(1960 code § 23A.6)
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 property between the facilities referred to in LMC § 13.48.080 and the termination facility on or within the 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 LMC § 13.48.020, the city engineer shall give 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.
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 appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Livermore. 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 engineer 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 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 the work is not completed within 30 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 30-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 the property. Upon completion of the work by the city engineer, he 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 said time shall not be less than 10 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 are 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, the city engineer shall be directed to turn over to the county assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the county 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 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 six percent per year.
(1960 code § 23A.12; Ord. 2065 § 1(A), 2018)
Prior to the hearing specified in LMC § 13.48.020, each utility shall submit to the city engineer a plan showing the location, alignment, depth and character of work to underground its utility in the district proposed to be established by the City Council. Such plans shall designate the points of transition from overhead to underground. Sufficient copies of such plan shall be provided to the city engineer in order to facilitate coordination with other utilities or jurisdictions.
(1960 code § 23A.9; Ord. 2065 § 1(A), 2018)
If underground construction is necessary to provide utility service within the area affected by any resolution passed pursuant to LMC § 13.48.020, 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission, and shall be completed within the time for removal of overhead facilities specified in the ordinance enacted pursuant to LMC § 13.48.020.
(1960 code § 23A.11)
Notwithstanding any other provisions of this chapter, the following utility facilities may be maintained (or constructed, if not falling within the purview of subsection A of this section) in any underground utility district:
A. 
Existing Facilities. Wherever, at the time of establishment of any underground utility district, there are existing poles and overhead wires and associated structures, conduits and appurtenances on private property in such district, such facilities may continue to be maintained during the normal life and continuance of any residential or agricultural uses. This provision shall not, however, be construed to allow the continued maintenance of any pole within a public street right-of-way; provided, that overhead wires within such, as aforesaid, may continue to be maintained where the distribution pole of the servicing utility to which such wires are attached is located outside any underground utility district or is otherwise excepted from the operation of this chapter. Alterations and extensions to overhead facilities falling within the exception prescribed in this subsection shall be permitted, provided no additional poles are required for any such alteration or extension;
B. 
Poles for Street Lights. Poles and associated overhead structures used exclusively for street lighting;
C. 
Appurtenant Facilities. Associated equipment and facilities which are appurtenant to underground utility systems, such as surface-mounted transformers, pedestal-mounted meter cabinets and concealed ducts; provided, however, that such appurtenant facilities shall be effectively screened from view by solid fencing, landscaping or other means, such screening to be subject to approval by the City;
D. 
Pedestal-Mounted Terminal Boxes. Pedestal-mounted terminal boxes and associated appurtenances used for telephone or electric service, provided the external design and appearance of any such box is approved by the City or is screened in a manner approved by the City. No such box shall exceed three feet in height or have a diameter greater than 20 inches; provided, that the City may allow such dimensions to be exceeded in any case where such a special exception is found not to violate the general purpose of this chapter;
E. 
Communications Antennae. Communications antennae to which are attached no overhead wires not integral to the structural components of the antennae;
F. 
Transmission Lines. Overhead wires and supporting structures which originate and terminate outside of an underground utility district and which cross an underground utility district in a continuous lead; this exception shall be applicable only to overhead wires and supporting structures in transmission lines rated in excess of 50 KV;
G. 
Continuous-Lead Crossings. Overhead wires (whose supporting structures are not within the district) crossing any portion of an underground utility district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area or areas from which poles and overhead wires and associated overhead structures are not prohibited.
(1960 code § 23A.5; Ord. 2065 § 1(A), 2018)
A. 
Whenever the Council, by resolution, declares an area of the City an underground utility district, as provided in LMC § 13.48.020, it is unlawful for any person or utility to maintain any pole, overhead wire, or associated overhead structure on any public street, alley or way within the district after the date when such overhead facilities are required to be removed.
B. 
Any person or utility who erects, constructs, places, keeps, maintains, continues, employs or operates any such pole or overhead wire or associated overhead structure on any public street, alley or way within the district, who neglects to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in such resolution, or who otherwise fails to comply with the provisions of this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $300.00. Each consecutive 15-day period during which the failure to comply with the provisions of this chapter continues shall constitute a separate offense.
(1960 code § 23A.3; Ord. 2065 § 1(A), 2018)
The Council may, in any resolution enacted pursuant to LMC § 13.48.020, grant special permission, on such terms as the Council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter.
(1960 code § 23A.4; Ord. 2065 § 1(A), 2018)
The City shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed under the provisions of 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 passed pursuant to LMC § 13.48.020.
(1960 code § 23A.13; Ord. 2065 § 1(A), 2018)
In the event that any act required by this chapter or by a resolution adopted pursuant to LMC § 13.48.020 cannot be performed within the time provided, on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances 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.
(1960 code § 23A.14)