§ 12-1

12-1.5 Existing Facilities. The provisions of subsection 12-1.2 shall not prohibit the maintenance and operation of existing overhead facilities, nor prohibit the installation of overhead service lines to facilities already served by at least one overhead utility service, nor prohibit the connection of underground service lines to existing overhead utility distribution equipment. A utility may interset additional poles or other supporting structures or increase the height of existing poles or other supporting structures if such work takes place within the existing easements and locational confines of existing overhead utility facilities; and may continue to maintain, repair, replace and reinforce any facility or structure in order to maintain the integrity of any facility or structure existing on or before the effective date of this section.

(Ord. No. 437, § 5)

12-2 - Removal of Overhead Utility Fixtures and Installation of Underground Facility in Certain Districts.

12-2.1 Definitions. As used in this ordinance:

a.

"Commission" shall mean the Public Utilities Commission of the State of California.

b.

"Underground utility district" or "district" shall mean that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of subsection 12-2.3.

c.

"Poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a District and used or useful in supplying electric, communication or similar or associated service.

d.

"Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. No. 342, § 1)

12-2.2 Public Hearing by Council. The council may 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. No. 342, § 2)

12-2.3 Council May Designate Underground Utility Districts by Resolution. 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 resolution, declare such designated area an underground utility district and, order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installations 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. No. 342, § 3)

12-2.4 Unlawful Acts. Whenever the council creates an underground utility district and or-ders the removal of poles, overhead wires and associated overhead structures therein as provided in subsection 12-2.3, 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 resolution, except as the 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 subsection 12-2.9, and for such reasonable time required to remove these facilities after the work has been performed, and except as otherwise provided in this section.

(Ord. No. 343, § 4)

12-2.5 Exception, Emergency or Unusual Circumstances. Notwithstanding the provisions of this section, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the council in order to provide emergency service. The council may grant special permission, on such terms as the council 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. No. 343, § 5)

12-2.6 Other Exceptions. This section and any resolution adopted pursuant to subsection 12-2.3 hereof shall, unless otherwise provided in such resolution, 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 34,500 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.

Antennae, 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. No. 343, § 6)

12-2.7 Notice to Property Owners and Utility Companies. Within ten days after the effective date of a resolution adopted pursuant to subsection 12-2.3 hereof, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution 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, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to subsection 12-2.3, together with a copy of this section, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. No. 343, § 7)

12-2.8 Responsibility of Utility Companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to subsection 12-2.3, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.

(Ord. No. 343, § 8)