ARTICLE IV. UNDERGROUND UTILITY DISTRICTS

Sec. 25-80. Establishment of districts.

The mayor and council may by ordinance establish underground utility districts according to provisions set forth in this article.

(Ord. No. 5841, § 1, 8-1-83)

Sec. 25-81. Definitions.

In this article, unless the context otherwise requires:

   (1)   Affected utility means a utility subject to a tariff approved by the commission which provides under certain conditions for the undergrounding of overhead distribution facilities at the utility's expense.

   (2)   Commission means the Arizona Corporation Commission.

   (3)   Underground utility districts or districts means the area in the city within which overhead distribution facilities shall be replaced with underground distribution facilities and in which new overhead distribution facilities are prohibited in public ways within the underground utility district.

   (4)   Overhead distribution facilities means distribution lines of standard existing voltages, poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground appertaining to such distribution lines and used or useful in supplying electric, communication or similar or associated service.

   (5)   Utility means all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. No. 5841, § 1, 8-1-83)

Sec. 25-82. Procedure to establish district.

When the mayor and council believe that the public interest so requires, it may set forth by ordinance an area designated as an underground utility district.

After consultation with and approval by any affected utility, one (1) or more public hearings or the proposed district shall be held by the governing body. All persons shall be given an opportunity to be heard. After the hearing is closed, the decision of the mayor and council shall be final and conclusive.

(Ord. No. 5841, § 1, 8-1-83)

Sec. 25-83. Notice.

Written notice of public hearings, except those continued to a time certain, shall be given by publication once in the official newspaper of the city, and by giving property owners or those in possession of property any part of which is in the proposed district or whose property is served from the overhead lines in the proposed district, and any utility having overhead distribution facilities in the proposed district mail notice not less than ten (10) days, nor more than sixty (60) days, prior to the hearing date.

The names of such persons shall be obtained from the current assessment rolls of the county assessor and from a list supplied by the affected utilities of all their current customers in the district.

The failure to give written notice by mail to those affected shall not invalidate an ordinance establishing a district provided such failure was not intentional.

(Ord. No. 5841, § 1, 8-1-83)