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Tucson, AZ Code of Ordinances
TUCSON, ARIZONA CHARTER AND GENERAL ORDINANCES
ADOPTING ORDINANCES
PART I CHARTER*
PART II TUCSON CODE
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION*
Chapter 3 RESERVED*
Chapter 4 ANIMALS AND FOWL*
Chapter 5 BICYCLES AND SHARED MOBILITY DEVICES*
Chapter 6 BUILDINGS, ELECTRICITY, PLUMBING, AND MECHANICAL CODE*
Chapter 7 BUSINESSES REGULATED*
Chapter 7A CABLE COMMUNICATIONS*
Chapter 7B COMPETITIVE TELECOMMUNICATIONS
Chapter 7C RESERVED*
Chapter 7D LOCATION AND RELOCATION OF FACILITIES IN RIGHTS-OF-WAY
Chapter 8 CITY COURT*
Chapter 9 PUBLIC SAFETY COMMUNICATIONS*
Chapter 10 CIVIL SERVICE--HUMAN RESOURCES*
Chapter 10A COMMUNITY AFFAIRS
Chapter 10B HOUSING AND COMMUNITY DEVELOPMENT*
Chapter 10C RESERVED*
Chapter 11 CRIMES AND OFFENSES*
Chapter 11A GENERAL SERVICES DEPARTMENT*
Chapter 11B PLANNING AND DEVELOPMENT SERVICES DEPARTMENT*
Chapter 12 ELECTIONS*
Chapter 12A BUSINESS SERVICES DEPARTMENT
Chapter 13 FIRE PROTECTION AND PREVENTION*
Chapter 14 LABOR ORGANIZATION AND EMPLOYEE ASSOCIATION ELECTION PROCEDURE, MEET AND CONFER AND MEET AND DISCUSS*
Chapter 15 ENVIRONMENTAL SERVICES DEPARTMENT*
Chapter 16 NEIGHBORHOOD PRESERVATION*
Chapter 17 HUMAN RELATIONS*
Chapter 18 SELF-INSURED RISK PROGRAM AND TRUST FUND*
Chapter 19 LICENSES AND PRIVILEGE TAXES*
Chapter 20 MOTOR VEHICLES AND TRAFFIC*
Chapter 21 PARKS AND RECREATION*
Chapter 22 PENSIONS, RETIREMENT, GROUP INSURANCE, LEAVE BENEFITS AND OTHER INSURANCE BENEFITS*
Chapter 23 LAND USE CODE*
Chapter 23A DEVELOPMENT COMPLIANCE CODE*
Chapter 23B UNIFIED DEVELOPMENT CODE*
Chapter 24 SEWERAGE AND SEWAGE DISPOSAL*
Chapter 25 STREETS AND SIDEWALKS*
Chapter 26 FLOODPLAIN, STORMWATER, AND EROSION HAZARD MANAGEMENT*
Chapter 27 WATER*
Chapter 28 TUCSON PROCUREMENT CODE*
Chapter 29 ENERGY AND ENVIRONMENT
Chapter 30 DEPARTMENT OF TRANSPORTATION*
DISPOSITION TABLE - 1953 CODE
CODE COMPARATIVE TABLE
Tucson, AZ Unified Development Code
Tucson Administrative Directives
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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)
Sec. 25-84. Findings required.
After the public hearing is closed, a district will be established only if the governing body shall find:
   (1)   The establishment of the proposed district is in furtherance of either the development of public recreation areas, or urban redevelopment projects undertaken pursuant to state statute, and is in the general public interest for one (1) or more of the following reasons:
   (a)   Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;
   (b)   Any or all of the streets, roads, alleys or rights-of-way in the area are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic;
   (c)   Any or all of the streets, roads, alleys or rights-of-way adjoin or pass through a civic area or a public recreation area or an area of unusual scenic interest to the general public.
   (2)   The affected utilities agree that the proposed district is in furtherance of the development of a public recreation area, or an urban redevelopment project undertaken pursuant to state statute, is in the general public interest, is feasible, and the necessary easements to provide underground service may be obtained without cost or condemnation by the affected utility.
(Ord. No. 5841, § 1, 8-1-83)
Sec. 25-85. Provisions of ordinance.
The ordinance establishing the district shall:
   (1)   Order the removal of existing overhead communications and electric distribution facilities and the replacement thereof by underground facilities within a specified time.
   (2)   Order each property owner or one in possession of property within the district served from existing overhead distribution facilities to provide in accordance with the rules and regulations and tariffs of the utility company and applicable rules and regulations of the commission for underground service, all electrical facility changes on his property needed to receive service from the underground facilities of the utility as soon as such are available.
   (3)   Authorize discontinuance of overhead service by the utilities having overhead distribution facilities in the district.
   (4)   Authorize that the sums paid by the utility to remove the overhead service and replace same with underground service shall be deducted from the two (2) percent fund set aside by the utility for replacing overhead with underground distribution facilities as a valid expenditure in doing such work.
Prohibit a utility having overhead distribution facilities in the district from erecting after the effective date of the ordinance new overhead distribution facilities in the district, subject to such exceptions as may be applicable.
(Ord. No. 5841, § 1, 8-1-83)
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