Loading...
§ 7-3.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMISSION. The State Public Utilities Commission.
   PERSON. 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 aboveground 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 § 7-3.03 of this chapter.
   UTILITY. All persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.
('66 Code, § 7-3.01) (Ord. 89-C-S, passed 5-28-69)
§ 7-3.02 PUBLIC HEARING BY COUNCIL.
   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, aid associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar 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 10 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.
('66 Code, § 7-3.02) (Ord. 89-C-S, passed 5-28-69)
§ 7-3.03 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION.
   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 shall 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 he occasioned thereby.
('66 Code, § 7-3.03) (Ord. 89-C-S, passed 5-28-69)
§ 7-3.04 UNLAWFUL ACTS.
   Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in § 7-3.03 of this chapter. 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 such overhead facilities are required to be removed by such resolution, except as such 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 § 7-3.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.
('66 Code, § 7-3.04) (Ord. 89-C-S, passed 5-28-69) Penalty, see § 7-3.12
§ 7-3.05 EXCEPTIONS; EMERGENCIES OR UNUSUAL CIRCUMSTANCES.
   Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 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 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 overhead structures.
('66 Code, § 7-3.05) (Ord. 89-C-S, passed 5-28-69)
Loading...