§ 53.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COMMISSION. The 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)

§ 53.02 PUBLIC HEARING BY COUNCIL.

   (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)

§ 53.03 REPORT BY CITY ENGINEER.

   (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)