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)

Sec. 25-86. Exceptions.

   (a)   The provisions of this article shall not apply to the following type of facilities unless otherwise provided in the ordinance establishing the district:

   (1)   Overhead facilities installed and maintained for a period not to exceed ten (10) days for emergency services upon notification to the city;

   (2)   Municipal facilities or equipment installed under the supervision and the satisfaction of the city;

   (3)   Poles or electroliers used exclusively for street lighting;

   (4)   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;

   (5)   Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of twenty-five thousand (25,000) volts;

   (6)   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 streets;

   (7)   Antennae, associated equipment and supporting structures, used by a utility or person for furnishing communication services;

   (8)   Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;

   (9)   Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects; and

   (10)   Overhead wires and fixtures form a structure or pole to other structures or poles on the same premises by owners of or persons in possession of the premises.

   (b)   Extensions of time may be granted for work which cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the person required to do the work.

(Ord. No. 5841, § 1, 8-1-83)