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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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