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)

Sec. 25-87. Publicly owned equipment.

All equipment owned by the city, the county or other governmental agency shall be removed and replaced underground by the affected utilities from the overhead transmission facilities by the utilities owning said facilities at the sale cost and expense of said utilities, which cost may 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. Such changes shall be made in accordance with directions of the city, the county or other governmental agency.

(Ord. No. 5841, § 1, 8-1-83)

ARTICLE V. TEMPORARY WORK ZONE TRAFFIC MANAGEMENT*

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*   Editors Note: Ord. No. 10140 shall become effective May 15, 2005.

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Sec. 25-88. Temporary work zone traffic management program established.

There is hereby established a temporary work zone traffic management program to improve work zone safety and to manage temporary roadway restrictions in order to minimize delays and frustrations for the traveling public. The temporary work zone traffic management program is intended to enhance the planning, application, and oversight of traffic control management in temporary work areas in roadways, sidewalks, and transit zones.

(Ord. No. 10140, § 2, 4-12-05)

Sec. 25-89. Definitions.

As used in this article, the following terms shall have the meanings indicated below:

   (1)   Major holiday shall mean any holiday enumerated in A.R.S. § 1-301.

   (2)   MUTCD shall mean the Manual on Uniform Traffic Control Devices as amended by the State of Arizona and including additions by the city.

   (3)   NCHRP 350 Guidelines shall mean National Cooperative Highway Research Program Report 350, three (3) copies of which shall be kept on file in the office of the city clerk and are made public records and shall be available for public use and inspection during regular office hours.

   (4)   Peak travel time shall mean 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. Monday through Friday, excluding major holidays.

   (5)   Transit zone shall mean those portions of public rights-of-way reserved for stopping and standing of public transit vehicles or for passenger waiting, alighting or boarding of public transit vehicles.

   (6)   Active work shall mean the presence of workers engaged in maintenance of, or construction upon public rights-of-way, and shall include related activities necessary for full completion of the work, such as material drying or curing times when workers may not be physically present. As long as workers engaged in the maintenance of, or construction upon the public rights-of-way are present in the temporary work zone, the term active work shall also include those periods of time when they may be idle due to material, equipment, inspection or similar scheduling requirements.

(Ord. No. 10140, § 2, 4-12-05)