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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. 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 ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
(Ord. 68-10-628 § 1 (part): prior code § 7.01.02)
Prior to holding such public 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 time required to complete such underground installations and removal of overhead facilities.
(Ord. 68-10-628 § 1 (part): prior code § 7.01.03)
If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall by ordinance declare such designated area an underground utility district and order such removal and underground installation. Such ordinance 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. 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.
(Ord. 95-07-1197 § 1: Ord. 68-10-628 § 1 (part): prior code § 7.01.04)
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in Section 13.08.040, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such ordinance except as said 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 Section 13.08.040, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Ord. 95-07-1197 § 2 (part); Ord. 68-10-628 § 1 (part): prior code § 7.01.05)
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days without authority of the city administrative officer in order to provide emergency service. The city may grant special permission, on such terms as the city 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.
(Ord. 68-10-628 § 1 (part): prior code § 7.01.06)
In any ordinance adopted pursuant to Section 13.08.040, unless otherwise provided in such ordinance, it shall not apply to the following types of facilities:
A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
B. Poles or electroliers used exclusively for street lighting;
C. 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;
D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;
E. 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;
F. Antennas, associated equipment, and supporting structures used by a utility for furnishing communication services;
G. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
H. Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 95-07-1197 § 2 (part); Ord. 68-10-628 § 1 (part): prior code § 7.01.07)
A. Within ten days after the effective date of an ordinance adopted pursuant to Section 13.08.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the ordinance 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.
B. Notification by the city clerk shall be made by mailing a copy of the ordinance adopted pursuant to Section 13.08.040 together with a copy of this chapter to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Ord. 95-07-1197 § 2 (part); Ord. 68-10-628 § 1 (part): prior code § 7.01.08)
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