13.04 — UNDERGROUND UTILITIES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Commission." The Public Utilities Commission of the state.

"Person." Individuals, firms, corporations, partnerships, and their agents and employees.

"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 above ground 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 prohibited as such area is described in a resolution adopted pursuant to the provisions of § 13.04.040.

"Utility." All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (1961 Code, § 23B.1; Ord. 424)

The Council may from time to time 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 (10) 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. (1961 Code, § 23B.2; Ord. 424)

Prior to holding such public hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing among other information, the extent of such utilities participation and estimates of the total costs to the city and affected property owners. Such report shall also contain all estimates of the time required to complete such underground installation and removal of overhead facilities. (1961 Code, § 23B.3; Ord. 424)

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 installation 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.

(1961 Code, § 23B.4; Ord. 424)

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 13.04.040, 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 as provided in § 13.04.090, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter. (1961 Code, § 23B.5; Ord. 424)

• A. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten (10) 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.

• B. In any resolution adopted pursuant to § 13.04.040, the city may authorize any or all of the following exceptions:

  1. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer.

  2. Poles, or electroliers used exclusively for street lighting.

  3. 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.

  4. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

  5. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location on the building to another location on the same building or to an adjacent building without crossing any public street.

6. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.

7. Equipment appurtenant to underground facilities, such meter cabinets, and concealed ducts.

8. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(1961 Code, §§ 23B.6 and 23B.7; Ord. 424)

• A. Within ten (10) days after the effective date of a resolution adopted pursuant to § 13.04.040, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adopting thereof. Such 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 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 Commission.

• B. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 13.04.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

• (1961 Code, § 23B.8; Ord. 424)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 13.04.040, 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. (1961 Code, § 23B.9; Ord. 424)

• 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 his or her property between the facilities referred to in § 13.04.080 and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

• B. In the event any person owning, operating, leasing, occupying or renting such property does not comply with the provisions of paragraph A. of this section within the time provided for in the resolution enacted pursuant to § 13.04.040, the City Engineer 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.

• (1961 Code, § 23B.10; Ord. 424)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder 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 § 13.04.040. (1961 Code, § 23B.11; Ord. 424)

In the event that any act required by this chapter or by a resolution adopted pursuant to § 13.04.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, minor 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. (1961 Code, § 23B.12; Ord. 424)

CHAPTER 13.08 WATER