Whenever in this chapter the following words or phrases defined
in this section are used, they shall have the respective meaning assigned
to them in the following definitions:
means the Public Utilities Commission of the state.
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 an area in the city within which poles, overhead wires,
and associated overhead structures are prohibited, which area is established
pursuant to and hereafter described in this chapter.
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 13 § 1, 1977)
A.
The
city council may from time to time call public hearings to ascertain
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.
Prior
to establishing an area as an underground utility district, the city
council shall adopt a resolution of intention to establish such district
and hold a public hearing thereon. The city clerk shall notify all
owners of property within the proposed district, as such are 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 fifteen days prior to the date thereof. Such hearing shall be
open to the public and may be continued from time to time. At such
hearing all persons interested shall be given an opportunity to be
heard. The decision of the city council shall be final and conclusive.
C.
Prior to adopting a resolution of intention pursuant to subsection B of this section, the city council shall determine that the city or public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users connections to underground electric or communication facilities.
(Ord. 13 § 2, 1977)
A.
If,
after such public hearing on the resolution of intention, the city
council finds that the public health, safety or welfare requires such
removal and such underground installation within a designated area,
the council shall, by ordinance amending this chapter declares such
designated area an underground utility district and order such removal
and underground installation.
B.
Such ordinance shall include a description of the area comprising such district and shall provide that the city council shall subsequently fix by resolution 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. Notification of the passage of such resolution fixing the time shall be given pursuant to Sections 13.04.080 and 13.04.090. 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.
(Ord. 13 § 3, 1977)
Whenever the city council establishes an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.04.030, 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 said overhead facilities are required to be removed by such ordinance and the resolution of the city council fixing said removal date, except as the overhead facilities may be required to furnish service to an owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.04.110 and for such reasonable time as may be required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Ord. 13 § 4, 1977)
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 city engineer in order to provide emergency
service. The city engineer may grant special permission on such terms
as he or she may deem appropriate, in cases of unusual circumstances
and without discrimination as to any person or utility to erect, construct,
install, maintain, use or operate poles, overhead wires and associated
overhead structures.
(Ord. 13 § 5, 1977)
This chapter and any ordinance adopted pursuant to Section 13.04.030 shall, unless otherwise provided in such ordinance, not apply to the following types of facilities:
A.
Any
county 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 within which overhead wires have been
prohibited, or connecting to buildings on the perimeter of such district,
when such wires originate in an area from which poles, overhead wires
and associated overhead structures are not prohibited);
D.
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;
E.
Antennae,
associated equipment and supporting structures, used by a utility
or person for furnishing or receiving communications services;
F.
Equipment
appurtenant to underground facilities, such as surface-mounted transformers,
pedestal-mounted terminal boxes and meter cabinets, and concealed
ducts;
G.
Temporary
poles, overhead wires and associated overhead structures used, or
to be used, in conjunction with construction projects;
H.
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. 13 § 6, 1977)
A.
Within ten days after the effective date of an ordinance establishing an underground utility district adopted pursuant to Section 13.04.030, the city clerk shall give notice of the adoption of such ordinance to all affected utilities and all persons owning real property within the underground utility district established by the ordinance.
(Ord. 13 § 7, 1977)
Within ten days of adoption, the city clerk shall notify all
affected property owners of the adoption of a resolution by the city
council setting the date for undergrounding of the utilities and of
the necessity that, if they or any person occupying such property
desire to continue to receive electric connections 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 applicable
rules, regulations and tariffs of the respective utility or utilities
on file with the commission.
(Ord. 13 § 8, 1977)
Within ten days of adoption, the city clerk shall notify 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. 13 § 9, 1977)
If underground construction is necessary to provide utility service within a district created by ordinance adopted pursuant to Section 13.04.030, 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.
(Ord. 13 § 10, 1977)
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his or her property between the facilities referred to in Section 13.04.100 and the termination facility on or within the 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.
(Ord. 13 § 11, 1977)
If the requirements of Section 13.04.110 are not met by any person within the time prescribed in the resolution establishing the date by which such on-premises undergrounding must be accomplished, the city engineer may proceed in accordance with one or more of the procedures set forth in Sections 13.04.130 and 13.04.140.
(Ord. 13 § 12, 1977)
The city engineer shall conspicuously post on the property being served a written notice to comply with the requirements of Section 13.04.110. Such notice shall state that, if the service connection required by Section 13.04.110 is not completed within thirty days after the posting of such notice, the city engineer may order the disconnection and removal of any and all overhead service wires and associated service facilities supplying utility service to the property. If such service connection is not completed within the thirty-day period, the city engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated service facilities supplying utility service to said property.
(Ord. 13 § 13, 1977)
A.
Notice to Construct. The city engineer shall give written notice to the person in possession of the premises and to the owner thereof, as shown on the last equalized assessment roll, to comply with the requirements of Section 13.04.110 within thirty days after service of such notice. The notice shall particularly specify what work is required to be done and shall state that, if such work is not completed within thirty days after service of such notice, the city engineer will cause such work to be done, in which case the cost and expense thereof will be assessed against the property and become a lien upon such property. Such written notice may be given either by personal service or by mail.
B.
Service
by Mail. In case of service by mail on the person in possession, 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. In case of service by mail on the owner,
the notice shall be deposited in the United States mail in a sealed
envelope with postage prepaid, addressed to the owner of the premises,
as such owner and address are shown on the last equalized assessment
roll. When no address appears on said roll it shall be addressed to
the owner, general delivery, at the United States Post Office nearest
the property. If notice is given by mail, such notice shall be deemed
to have been received by the person to whom it was addressed within
forty-eight hours after the mailing thereof.
C.
Posting.
If notice is given by mail to either the owner or person in possession
of the premises, the city engineer shall, within forty-eight hours
after the mailing thereof, cause a copy thereof to be conspicuously
posted on the premises.
D.
Engineer
Performs Work. If, upon the expiration of the thirty-day period, the
work has not been done, 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.
E.
Report
and Assessment. 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 for which such required underground facilities were provided
and against which such cost is to be assessed. The city 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 fifteen days thereafter.
F.
Notice
of Hearing on Assessment. The city engineer shall 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 that the city 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.
Such notices shall be personally served or mailed and posted not less
than fifteen days prior to the date of hearing.
G.
Confirmation
of Assessment. Upon the date and hour set for the hearing of protests,
the city council shall hear and consider the report and all protests,
if there be any. After completing the hearing the city council shall
confirm, modify or reject the assessment.
H.
Assessment
Becomes Lien; Collection. If any assessment is not paid within ten
days after its confirmation by the city council, the amount of the
assessment shall become a lien upon the property, and the city engineer
shall deliver to the county tax collector a notice that the assessment
has not been paid. The county tax collector shall enforce such liens
and collect such assessments. Each assessment shall be due and payable
at the time said assessment is confirmed by the city council and,
if not paid within ten days after its confirmation, shall bear interest
at the rate of six percent per year from the date of its confirmation.
(Ord. 13 § 14, 1977)
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 ordinance establishing the district.
(Ord. 13 § 15, 1977)
In the event that any act required by the ordinance adopted pursuant to Section 13.04.030, and the resolution setting the time for performance, cannot be performed within the time provided by said resolution 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, upon written request by the person required to perform the act, be extended by the city council or city engineer for a period equivalent to the time of such limitation.
(Ord. 13 § 16, 1977)
