Section
53.01 Definitions
53.02 Public hearing by Council
53.03 Report by City Engineer
53.04 Council may designate underground utility districts by resolution
53.05 Unlawful acts
53.06 Exceptions
53.07 Notice to property owners and utility companies
53.08 Responsibility of utility companies
53.09 Responsibility of property owners
53.10 Responsibility of city
53.11 Extension of time
53.12 Installation of lines or wires underground required; exceptions
53.99 Penalty
Statutory reference:
Underground utility districts, see Cal. Sts. and High. Code §§ 5896.1 et seq. and Cal. Gov't Code § 38793
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSION. The Public Utilities Commis-sion of the state.
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 § 53.04.
UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
('81 Code, § 13.16.010)
(A) 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.
(B) 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.
(C) Each such hearing shall be open to the public and may be continued from time to time.
(D) At each such hearing all persons interested shall be given an opportunity to be heard.
(E) The decision of the Council shall be final and conclusive.
('81 Code, § 13.16.020)
(A) Prior to holding such hearing, the City Engineer 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 affected property owners.
(B) Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
('81 Code, § 13.16.030)
(A) If, after any such public hearing the Council finds that the city or a public utility has voluntarily agreed to pay over 50% of all costs of conversion, excluding costs of user's connection to underground electric or communications facilities, and further 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.
(B) 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.
(C) 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.
('81 Code, § 13.16.040)
Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 53.04, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, over-head 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 § 53.09(A), and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter.
('81 Code, § 13.16.050) Penalty, see § 53.99
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