III. UTILITIES

Chapter 13.20
UNDERGROUNDING OF UTILITIES

Sections:

13.20.010    Required.

13.20.020    Existing aboveground facilities.

13.20.030    Distribution of plans.

13.20.040    Exceptions.

13.20.050    Costs liability.

13.20.010 Required.

A.    All new facilities for electrical, communications, cable TV or other similar types of facilities (referred to in this chapter as “utilities” or “utility services”) to be constructed on new rights-of-way acquired by the city, or new rights-of-way opened with the permission of the city upon which such utilities do not presently exist, or upon any easement granted by the city to any of the entities providing any utility services covered by the scope of this chapter, shall be placed underground in connection with the initial construction and installation of the facilities.

B.    The requirement of undergrounding shall be a condition precedent to the right of any supplier of utility services covered by this chapter to utilize the public right-of-way or other easement granted or approved by the city. (Ord. 84-47 § 1, 1984)

13.20.020 Existing aboveground facilities.

A.    From time to time the city will improve or require improvement of existing rights-of-way along which aboveground utility facilities have already been constructed. It shall be the policy of the city that in the event of an improvement of any such right-of-way requiring relocation of such aboveground utilities, that the utilities shall be undergrounded in connection with the right-of-way improvement.

B.    The city shall notify the utility companies or other providers of service required to underground existing aerial facilities of the pendency of the proposed improvement and shall, insofar as possible, provide the affected provider at least one hundred eighty days’ notice of the need to relocate facilities and underground the same. (Ord. 84-47 § 2, 1984)

13.20.030 Distribution of plans.

As plans are prepared for improvements to rights-of-way, the city engineer shall provide a minimum of one copy of the drawings to utilities who will be affected by the improvement. In addition, the city engineer shall periodically provide the utilities with copies of plans adopted by the city that project future right-of-way improvements in order to facilitate coordination of the utilities’ undergrounding programs with improvements to city rights-of-way. (Ord. 84-47 § 5, 1984)

13.20.040 Exceptions.

A.    Upon the affirmative vote of four or more members of the city council, an exception to the policy of requiring undergrounding of existing facilities may be made when it its determined that:

1.    The proposed improvement requires relocation of an insignificant portion of the affected provider’s facilities in the area of the improvements;

2.    Due to engineering or other valid reasons, including economic feasibility, as determined by the city council, undergrounding is not feasible;

3.    The goals, policies and objectives of this chapter will not be served by requiring undergrounding in connection with the proposed improvement.

B.    The determination of whether an exception should be made shall be solely within the discretion of the city council acting upon the basis of the factors listed in this section. (Ord. 84-47 § 3, 1984)

13.20.050 Costs liability.

A.    The city shall not pay any of the costs of relocation or undergrounding required pursuant to this chapter.

B.    Such relocations shall be construed to be required as a condition of the right to continue to utilize the public right-of-way or other easements granted by the city to any utility; provided, however, in those instances where local improvement districts are formed to accomplish certain public improvements, including the undergrounding of utilities covered by this chapter, the cost of such undergrounding shall be included in the LID.

C.    The utilities shall coordinate the relocation and undergrounding of their facilities with construction of the improvements to the right-of-way in order to minimize disruption of vehicles, pedestrians or other users of the right-of-way. (Ord. 84-47 § 4, 1984)