Chapter 13.10
UNDERGROUND UTILITIES
Sections:
13.10.020 Public hearing regarding creation of district.
13.10.030 Adoption of resolution establishing district.
13.10.040 Unlawful acts in established district.
13.10.050 Authority to grant exceptions in emergency or unusual circumstances.
13.10.060 Exempted types of facilities.
13.10.070 Notice to property owners and utility companies of creation of district.
13.10.080 Responsibilities of utility companies.
13.10.090 Responsibilities of property owners.
13.10.110 Responsibilities of city.
13.10.120 Extension of time for compliance.
13.10.130 Requirements in areas not in underground district.
13.10.010 Definitions.
Whenever in this article the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
Commission. The Public Utilities Commission of the state.
Person. Includes individuals, firms, corporations, partnerships, and their agents and employees.
Poles, overhead wires, and associated overhead structures. 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, or similar or associated service.
Underground utility district or district. 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 13.10.030 of this article.
Utility. Includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.
(Code 1965, § 7700; Code 2002, § 110-81. Ord. No. 781)
Cross references: Definitions generally, § 1.05.100.
13.10.020 Public hearing regarding creation of district.
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 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.
(Code 1965, § 7701; Code 2002, § 110-82. Ord. No. 781)
13.10.030 Adoption of resolution establishing district.
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.
(Code 1965, § 7702; Code 2002, § 110-83. Ord. No. 781)
13.10.040 Unlawful acts in established district.
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 13.10.030 hereof, 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 resolution, except as said 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 13.10.090 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this article.
(Code 1965, § 7703; Code 2002, § 110-84. Ord. No. 781)
13.10.050 Authority to grant exceptions in emergency or unusual circumstances.
Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission on such terms as the Director of Public Works 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 structures.
(Code 1965, § 7704; Code 2002, § 110-85. Ord. No. 781)
13.10.060 Exempted types of facilities.
This article shall not apply to the following type of facilities:
(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
(2) Poles or electroliers used exclusively for street lighting;
(3) 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;
(4) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
(5) 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;
(6) Antennas, associated equipment, and supporting structures used by a utility or person for furnishing or receiving communication services;
(7) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. Such facilities shall be so located as to harmonize with the area, or screened or landscaped. The Council may, by resolution, require that all or part of such appurtenant equipment be flush with or below the official sidewalk and/or curb grade;
(8) Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.
(Code 1965, § 7705; Code 2002, § 110-86. Ord. No. 781)
13.10.070 Notice to property owners and utility companies of creation of district.
(a) Within ten days after the effective date of a resolution adopted pursuant to section 13.10.030 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said 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 applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
(b) Notifications by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to section 13.10.030, together with a copy of this article, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Code 1965, § 7706; Code 2002, § 110-87. Ord. No. 781)
13.10.080 Responsibilities of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 13.10.030 hereof, 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.
(Code 1965, § 7707; Code 2002, § 110-88. Ord. No. 781)
13.10.090 Responsibilities of property owners.
(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 section 13.10.080 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules and regulations and tariffs of the respective utility or utilities on file with the Commission.
(b) In the event any person owning, operating, leasing, occupying, or renting said 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 13.10.030 hereof, the City Engineer shall post written notice on the property being served and 30 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 said property.
(Code 1965, § 7708; Code 2002, § 110-89. Ord. No. 781)
13.10.100 Lien procedure.
The City Engineer may elect to proceed either under section 13.10.090 or by invoking the lien procedure set forth hereunder, as follows:
(1) 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 13.10.080 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules and regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 13.10.030 hereof, 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;
(2) 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 where no address appears, to General Delivery, City of ________________. 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 ten inches in size, to be posted in a conspicuous place on said premises;
(3) 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 said 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;
(4) If, upon the expiration of the 30-day period, the said 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 services wires and associated facilities supplying utility service to said 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 costs of such work upon such premises, which said time shall not be less than ten days thereafter;
(5) 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;
(6) 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;
(7) 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 County Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said County Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of six percent per annum.
(Code 1965, § 7709; Code 2002, § 110-90. Ord. No. 781)
13.10.110 Responsibilities of city.
City shall remove, at its own expense, all city-owned equipment from 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 section 13.10.030 hereof.
(Code 1965, § 7710; Code 2002, § 110-91. Ord. No. 781)
13.10.120 Extension of time for compliance.
In the event that any act required by this article or by a resolution adopted pursuant to section 13.10.030 hereof 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 will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Code 1965, § 7711; Code 2002, § 110-92. Ord. No. 781)
13.10.130 Requirements in areas not in underground district.
Notwithstanding the procedures governing the establishment of underground utility districts as provided in this article, all utility facilities installed in public rights-of-way, or on private property, and which are not within the boundaries of any existing underground utility district at the time of such installation, shall be installed and maintained underground, including facilities installed for a subdivision even though such subdivision be only a division of land into two parcels; provided, however, that this section 13.10.130 shall not apply to the following types of facilities:
(1) Addition to, modification or replacement of aboveground facilities existing on the effective date of this article, or the extension of service which is provided by wire to an existing dwelling when a permit is not required therefor;
(2) Underground facilities will not be required for a new or remodeled structure on a lot of record as of June 8, 1966, in which all of the following conditions are present:
a. Such lot is not contiguous to property having underground facilities;
b. More than 50 percent of the street frontage within the block has aboveground facility service connection; and
c. Such lot is less than 5,000 square feet in area, and the floor area of the structure being constructed or remodeled is less than 2,500 square feet.
(3) Underground facilities will not be required for a new or remodeled single-family residence on a lot of record as of June 8, 1966.
a. Other special exceptions to the requirements of this section 13.10.130 may be granted by the City Council, upon application of the permit applicant or the supplying utility company, in cases where such underground cannot be accomplished feasibly within applicable safety regulations and other law applying to the installation, or in cases of unnecessary or unusual hardship. Such applications shall be filed, together with a nonrefundable fee of $15.00, with the Department of Public Works on a form prescribed by the Director of Public Works stating why such exception should be granted. The Director of Public Works may require that the permittee provide, as supporting information, reports relating to technical aspects of construction or development. Such reports shall be prepared by persons who are qualified by experience and/or training. Exceptions shall be made upon such conditions as the Council may prescribe in order to obtain the objectives of public necessity, health, safety, or general welfare set forth in this article.
b. Exceptions to the requirements of this section 13.10.130 may be granted by the Director of Public Works in cases of emergencies for the temporary installation of aboveground facilities for periods not to exceed 30 days.
(Code 1965, § 7712; Code 2002, § 110-93. Ord. No. 781)