Beverly Hills Municipal Code Ch. 3 Underground Utility Districts

The purpose of this chapter is to provide a procedure for the city to underground public utilities in accordance with the rules and regulations of the state public utilities commission. (1988 Code)

POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES: 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 similar or associated service.

UNDERGROUND UTILITY DISTRICT OR DISTRICT: That area in the city within which poles, overhead wires, and associated overhead structures are required to be underground pursuant to council resolution.

UTILITY: Includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (1962 Code § 7-7.01)

Prior to ordering 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 council shall hold a public hearing. At least ten (10) days prior to the date set for the hearing, the city clerk shall mail notices of the time and place of the hearing to all owners of affected property whose names appear on the latest equalized assessment roll. All interested persons shall be afforded the opportunity to be heard at the public hearing. (1962 Code § 7-7.02)

The deputy city manager of capital assets shall present to council for consideration at the public hearing a report containing information on the proposed undergrounding, including, but not limited to, the extent of such utilities' participation, estimates of the total costs to the city and affected property owners, and an estimate of the time required to complete such underground installation and removal of overhead facilities. (Ord. 13-O-2647, eff. 10-11-2013)

During the public hearing, the council shall consider the report of the deputy city manager of capital assets, and the testimony and evidence of any interested party. At the conclusion of the hearing, if 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 installation shall be accomplished and within which affected property owners shall have underground service available. 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 the underground facilities. (Ord. 13-O-2647, eff. 10-11-2013)

Within ten (10) days after council adoption of a resolution pursuant to section 6-3-5 of this chapter, the city clerk shall mail a copy of the resolution to each of the affected utilities and to each of the property owners whose names appeared on the latest equalized assessment roll. 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 to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the public utilities commission. (1962 Code § 7-7.05)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to this chapter, 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 public utilities commission. (1962 Code § 7-7.09)

A. Every person owning, operating, leasing, occupying, or renting a building or structure within a district shall construct and provide that portion of the service connection on their property, and to the termination facility on or within such building or structure being served, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the public utilities commission.

B. In the event that any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection A of this section within the time provided for in the resolution adopted by the council, the deputy city manager of capital assets shall post written notice on the property being served and thirty (30) days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. (1962 Code § 7-7.10; amd. Ord. 95-O-2233, eff. 3-24-1995; Ord. 13-O-2647, eff. 10-11-2013)

The city will remove, at its expense, all city owned equipment from all poles required to be removed hereunder in sufficient time to enable the owner or user of such poles to remove such poles within the time specified by council resolution. (1962 Code § 7-7.11)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of this chapter cannot be performed within the time designated by the council, then the time within which such act shall be accomplished may be extended by the council. (1962 Code § 7-7.12)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in this chapter, 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 such overhead facilities are required to be removed by such resolution, except as such 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, and for such reasonable time required to remove such facilities after such work has been performed. (1962 Code § 7-7.05)