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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
(A) Emergency or unusual circumstances.
(1) Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 30 days, without authority of the Council in order to provide emergency service.
(2) The Public Works Director 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.
('81 Code, § 13.16.060)
(B) Types of facilities exempt. This chapter and any resolutions adopted pursuant to § 53.04 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
(2) Poles or electroliers used exclusively for street lighting;
(3) Overhead wires, exclusive of supporting structures, crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
(4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
(5) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
(6) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
(7) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
('81 Code, § 13.16.070)
(A) Within 10 days after the effective date of a resolution adopted pursuant to § 53.04, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
(B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 53.04, together with a copy of this chapter, to affected property owner's as such are shown on the last equalized assessment roll and to the affected utilities.
('81 Code, § 13.16.080)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 53.04, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
('81 Code, § 13.16.090)
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