PART 4 CONVERSIONS AND EXTENSIONS

SECTION:

12.2.401: Conversion; Overhead Service Line

12.2.402: Conversion; Overhead Distribution Line

12.2.403: Conversion; Conditions

12.2.401: CONVERSION; OVERHEAD SERVICE LINE:

Upon request of the owner of premises served by an overhead distribution line, an overhead service line may be converted to an underground service line. The conversion shall be effected by the owner in accord with relevant service standards and specifications. (Ord. 98-173; Ord. 01-42)

12.2.402: CONVERSION; OVERHEAD DISTRIBUTION LINE:

   A.   An overhead distribution line in a residential area may be converted to an underground distribution line upon request of all owners of property in the area connected to the existing overhead distribution line. Any conversion shall be in accord with the provisions of section 12.2.403 of this part.

   B.   Conversion of an overhead distribution line to an underground distribution line shall include conversion to or installation of underground service lines to all premises served by the electric supply system within the proposed conversion area. (Ord. 98-173; Ord. 01-42)

12.2.403: CONVERSION; CONDITIONS:

   A.   Prior to consideration of any request for conversion of overhead distribution lines to underground distribution lines as provided by section 12.2.402 of this part, all of the following conditions shall be met:

      1.   The proposed conversion area shall be deemed adequate in size by the Chief Executive Officer. An area less than one "Block", as the term is defined in Chapter 7 of this Code, shall not be considered for conversion.

      2.   Each owner of property within the proposed conversion area shall give written consent to the conversion prior to consideration of the area.

      3.   The cost of converting overhead distribution facilities to underground distribution facilities, including removal of the overhead facilities, shall be borne by the owner or developer of the premises or area so converting. Each owner of property within the proposed conversion area shall agree to pay a pro rata share of the cost of conversion, or the other amount as may be fixed by agreement among all the property owners. All the property owners must agree in writing to an arrangement for payment of the total conversion cost prior to consideration of the area. This section shall not be construed to prohibit payment by any person of conversion costs in an amount greater than the person's pro rata share of the costs, and any person may pay the total conversion costs.

   B.   Utilities shall prepare the necessary plans and easement requests for a proposed conversion, and it shall prepare a cost estimate for presentation to the property owners in the proposed conversion area. The owners shall either accept or reject conversion within ninety (90) days from the presentation; failure to respond shall be deemed rejection of the proposed conversion.

   C.   For any conversion provided by this section, Utilities shall install the underground distribution facilities, and Utilities shall remove the overhead distribution facilities except the facilities as may be necessary for other public services or utilities. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 23-17)

PART 5 CONTROL AND PROTECTION OF ELECTRIC SYSTEM

SECTION:

12.2.501: Unlawful To Damage System

12.2.502: Minimum Clearance From Overhead Lines

12.2.503: Minimum Clearance From Electric Facilities

12.2.504: Underground Facilities

12.2.501: UNLAWFUL TO DAMAGE SYSTEM:

   A.   It shall be unlawful for any person to interfere or tamper in any manner with any transmission line, distribution line, service line, meter or any appurtenance thereof connected to or part of the electric system without prior written permission obtained from the Chief Executive Officer.

   B.   It shall be unlawful for any person to damage, impair or deface any part, appliance or appurtenance of the electric supply system.

   C.   It shall be unlawful for any person to excavate, obstruct or disconnect any distribution facility, or to do any act or thing to divert, damage, drain or otherwise impede or hinder, or tend to impede or hinder, the flow of electricity through the electric supply system. (Ord. 98-173; Ord. 01-42; Ord. 18-42)

12.2.502: MINIMUM CLEARANCE FROM OVERHEAD LINES:

   A.   For the purposes of this section, the term "Clearance" shall mean the shortest distance between any two (2) surfaces.

   B.   Minimum clearance between any building or other structure and any overhead transmission line, overhead distribution facility, or electric pole shall be maintained in accord with the provisions of the National Electrical Safety Code, as adopted by the Regional Building Code. Clearance exceeding those specified by the National Electrical Safety Code may be required by Utilities in circumstances, including, but not limited to, meeting Utilities design criteria and providing for changes in future use of the surrounding facilities or Utilities' facilities.

   C.   Minimum clearance between trees, bushes, foliage, signs, chimneys, radio and television antennas, tanks and other installations not classified as buildings or structures, and any overhead transmission line, overhead distribution facility or electric pole shall be maintained in accord with the provisions of the National Electrical Safety Code, as adopted in the Regional Building Code 1 .

   D.   Minimum clearance over streets, alleys, parking lots, rights- of-way and easements by any overhead transmission line or overhead distribution facility shall be maintained in accord with provisions of the National Electrical Safety Code as adopted by the Regional Building Code.

   E.   Any person who proposes any action that would result in violation of the minimum clearances as set out in subsections B and C of this section shall give ninety (90) days' prior notice of the proposed action to Utilities. Any person who proposes to change the use of land or change the grade of land that would result in conflict with subsection D of this section shall give ninety (90) days' prior notice of the action. Upon notice, Utilities shall determine the feasibility of relocating the line, distribution facility and/or electric pole which is in conflict with the proposed action to a suitable and safe location. Should it be determined by Utilities that relocation is feasible, Utilities shall perform the necessary relocation at the expense of the person whose proposed action violates the minimum clearance requirement. Relocation of the overhead transmission line, distribution facility and/or electric pole shall begin on the date as Utilities may designate.

   F.   Should it be determined by Utilities that the relocation of a transmission line, distribution facility and/or electric pole is not feasible, Utilities may require other action as will prevent a violation of the minimum clearance requirement. Any action which Utilities may require pursuant to this subsection shall be performed at the expense of the person whose proposed action violates the minimum clearance requirement.

   G.   In the event that the required ninety (90) day notice is not received by Utilities, the City or Utilities shall not be liable for any damage or injury to persons or property caused by or resulting from failure to maintain the minimum clearance prescribed by this section. The person whose action violates the minimum clearance requirement or property owner on whose property the violation exists shall be deemed to have assumed the risk of any resulting damage or injury and to have impliedly agreed to indemnify the City and Utilities against the loss, which indemnity shall run with and be a charge upon the land upon which the clearance requirement is violated.

   H.   When Utilities has reasonable cause to believe that there may exist on any premises a minimum line clearance violation, the Chief Executive Officer may enter upon any premises at any reasonable hour for the purpose of inspecting, abating, removing or preventing any condition.

   I.   In the event that the owner or occupant of any premises located within the City refuses to permit entry by the Chief Executive Officer when entry is sought pursuant to subsection H of this section, the Chief Executive Officer may make application to any Judge of the Municipal Court of the City for the issuance of an inspection warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired, and shall state the facts giving rise to the belief that a minimum line clearance violation exists at the premises. Any warrant issued pursuant to the application shall command the owner or occupant to permit entry by the Chief Executive Officer for the purpose stated therein. (Ord. 98-173; Ord. 01-42; Ord. 18-42)

 

Notes

1	1. The Building Codes are adopted by Council in chapter 7 of this Code, the City's Zoning Code.

12.2.503: MINIMUM CLEARANCE FROM ELECTRIC FACILITIES:

A clear zone as specified by the Electric Services Standards Manual around electric facilities (pad-mounted equipment, vaults, poles, etc.) shall be maintained. Utilities has the right to remove any obstructions found within the specified clear zone. (Ord. 98-173; Ord. 01-42)

12.2.504: UNDERGROUND FACILITIES:

It shall not be permissible for any person to modify the grade of the earth on any easement or rights-of-way without the written approval of the Chief Executive Officer. (Ord. 98-173; Ord. 01-42; Ord. 18-42)