Bakersfield Municipal Code Ch. 12.32 Underground Utility Districts

Sections: 12.32.010 Definitions. 12.32.020 Public hearing—Declaration by council. 12.32.030 Public hearing—Notice. 12.32.040 Public hearing—Findings—Council order to remove and to underground. 12.32.050 Exemptions permissible to Section 12.32.040. 12.32.060 Exemptions to Section 12.32.040 unless otherwise provided. 12.32.070 Notification of affected utilities and persons. 12.32.080 Responsibility for underground construction. 12.32.090 Responsibility of owners or occupants—Noncompliance. 12.32.100 City’s responsibility to underground.

Whenever words or phrases defined in this section are used in this chapter they shall have meanings as follows:

A. “Commission” means the Public Utilities Commission of the state.

B. “Poles, overhead wires and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or a similar or associated service.

C. “Underground utility district” or “district” means 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 Section 12.32.040.

D. “Utility” includes all persons or entities supplying electric, communication, cable T.V. or similar or associated service by means of electrical materials or devices. (Prior code § 12.27.010)

A. At its discretion the city council may declare a public hearing to ascertain whether the public necessity, health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures in designated areas of the city, and the underground installation of wires and facilities for supplying electric, communication, cable T.V. or similar and associated services.

B. The council may adjourn and continue the hearing from time to time, and its decision as to the formation of an underground utility district shall be final and conclusive. (Prior code § 12.27.020)

A. At least ten days prior to the date set for hearing, the city clerk shall mail notice of the time and date of said hearing to all affected utilities and property owners shown on the last equalized assessment roll informing them of their opportunity to appear and be heard.

B. Said notice shall state that should the district be formed, all existing overhead communication and electric distribution facilities shall be removed in accordance with the provisions of this chapter; that each property owner served from such overhead distribution facilities will be required to provide, in accordance with the commission’s rule for underground service, all changes on his premises necessary to receive service from the underground installation of utilities when made available; that each property owner, if not in possession of the affected property, shall notify the occupant thereof; and that utilities will be authorized to discontinue all overhead services. (Prior code § 12.27.030)

underground.

A. If, after conducting such public hearing, the council finds and determines from the evidence presented, that the public necessity, health, safety or general welfare require; or when pertinent additional findings as demanded by the rules and regulations of the commission require the removal and undergrounding of poles, overhead wires, and associated overhead structures within a designated area; and finds that the city or a public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users’ connections to underground electric or communication facilities; then the council, by resolution, shall declare such designated area as an underground utility district and order such removal and undergrounding.

B. Such resolution shall include a description of the area comprising said district and shall fix the time within which said removal and underground installation shall be accomplished.

C. 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. 2608 § 1, 1980; prior code § 12.27.040)

From the provisions of any resolution adopted pursuant to Section 12.32.040, the city council may exempt therefrom any or all of the following:

A. Any municipal facility or equipment installed under the supervision and to the satisfaction of the city;

B. 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;

C. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;

D. Antennae, associated equipment and supporting structures used by a utility for furnishing communication service;

E. Equipment appurtenant to underground facilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. (Prior code § 12.27.050)

Unless otherwise specified therein the provisions of any resolution of the city council adopted pursuant to Section 12.32.040 shall not apply to the following:

A. Poles, or electroilers used exclusively for street lighting;

B. 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;

C. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Prior code § 12.27.060)

A. Within ten days after the effective date of a resolution adopted pursuant to Section 12.32.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said city clerk shall further notify said affected property owners of the necessity that should they or any person occupying such property desire to continue to receive electrical, communication, or similar or associated service, they or such occupant must provide all required facility changes in accordance with the rules and regulations of the commission on their premises necessary for them to receive such service from the new underground lines of the utilities involved. Notification shall be made by mailing a copy of said resolution to the affected utilities and property owners as such are shown on the last equalized assessment roll.

B. Affected utilities shall advise its customers of its underground conversion within a reasonable time, not less than thirty days, prior to the date when said utility expects to provide underground service to the customers’ premises. The utility shall contact their customers directly advising them that the work will be accomplished in accordance with their rules and regulations on file with the commission; indicating the approximate date when their work will commence; and stating the final date as established by resolution by which the premises must be prepared to receive underground service. Failure of any utility to so advise its customers shall not affect the jurisdiction of the city to compel the removal of poles, overhead wires and associated overhead structures. (Prior code § 12.27.070)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.32.040, 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. (Prior code § 12.27.080)

A. Every person owning or occupying a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 12.32.080 and the terminal facilities on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utilities on file with the commission.

B. In the event any person owning or occupying said property does not comply with the provisions of subsection A of this section within the time prescribed by resolution establishing said district, the city engineer, upon request by utility, shall mail by registered letter to the owner thereof as shown on the equalized assessment roll, and post a notice of intention to disconnect overhead services if such conversion facilities are not installed within ten days from the date of posting. If such compliance is not achieved within said ten-day period, the city engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. (Prior code § 12.27.090)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 12.32.040. (Prior code § 12.27.100)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.32.040 cannot be performed within the time provided because of a shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Prior code § 12.27.110)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.32.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said 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 receive utility service and except for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Prior code § 12.27.120)

Notwithstanding the provisions of this chapter, 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, in 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. (Prior code § 12.27.130)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

B. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.

C. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Prior code § 12.27.140)