Chapter 13.12
UNDERGROUND UTILITY DISTRICTS
Sections:
13.12.040 Resolution designating district.
13.12.050 Above-ground facilities unlawful.
13.12.070 Notice to property owners and utilities.
13.12.080 Responsibility of utility companies.
13.12.090 Responsibility of property owners.
13.12.100 Responsibility of city.
13.12.120 New wiring to be underground.
13.12.010 Definitions.
Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:
A. “Commission” means the Public Utilities Commission of the state.
B. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.
C. “Poles, overhead wires and associated overhead structures” 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, community antenna or similar associated service.
D. “Underground utility district” or “district” 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 PVEMC 13.12.040.
E. “Utility” includes all persons or entities supplying electric, communication, community antenna or similar or associated service by means of electrical materials or devices. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.020 Public hearing.
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, community antenna, 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 ten 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. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.030 Report to council.
Prior to holding such public hearing, the director of public works shall consult with 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 the affected property owners. Such report shall contain an estimate of the time required to complete such underground installation and removal of overhead facilities. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.040 Resolution designating district.
If after any such public hearing the council finds that the public necessity, 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. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.050 Above-ground facilities unlawful.
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in PVEMC 13.12.040, 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 the overhead facilities are required to be removed by such resolution, except as the 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 PVEMC 13.12.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this code. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.060 Exceptions.
A. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained in the following circumstances, unless otherwise provided in the resolution designating an underground utility district:
1. Poles and pedestals for fire alarm boxes, street lights, traffic signals and the like installed and maintained by or for the city;
2. Air vents, meters, cabinets containing electronic devices, and cabinets for connection points determined by the director of public works to be necessary for service continuity, and not feasible of underground location, subject to approval by the director as to location and unobtrusiveness;
3. Antennas and supporting structures used for communication service or reception for a community antenna system subject to approval by the city council as to location and unobtrusiveness;
4. Temporary overhead facilities necessary for emergency service for less than ten days, which period may be extended by the director of public works for a period not exceeding ninety days and which period may be extended by the city council for an unlimited period;
5. Temporary overhead wires and supporting poles approved by the director of public works and erected to facilitate construction of a building or other structure, for a period not more than one hundred eighty days.
B. Additional exceptions for specific facilities may be made in the resolution designating an underground utility district. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.070 Notice to property owners and utilities.
A. Within ten days after the effective date of a resolution adopted pursuant to PVEMC 13.12.040, 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.
B. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication, community antennas, 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.
C. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to PVEMC 13.12.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to PVEMC 13.12.040, 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. Utilities not regulated by the commission shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under rules adopted by the council by resolution. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.090 Responsibility of property owners.
A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall be financially responsible to provide that portion of the service connection on that person’s property between facilities referred to in PVEMC 13.12.080 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 the property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to PVEMC 13.12.040, the city engineer shall post written notice on the property being served and thirty days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.100 Responsibility of city.
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 them within the time specified in the resolution enacted pursuant to PVEMC 13.12.040. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.110 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to PVEMC 13.12.040 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 circumstance 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. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 253 § 1, 1968)
13.12.120 New wiring to be underground.
All new electric, telephone and community antenna service laterals, and wiring between buildings, shall be installed underground, with the following exceptions:
A. Where existing utility facilities are overhead, and connection thereto would be in a substantially different location from the probable future location of planned underground facilities, an overhead service may be installed; provided, that no additional utility pole may be installed without the prior approval of the city council. In any event, appropriate provisions shall be made for future underground service;
B. Temporary overhead facilities for emergency service for less than ten days and for other temporary purposes for not more than one hundred eighty days as approved by the director of public works. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 252 § 1, 1968)