California City Municipal Code Art. 4 Underground Utility Districts

The following terms are defined for the purposes of this article:

(a) "Commission" means the Public Utilities Commission of the State.

(b) "District" or "Underground Utility 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 this article.

(c) "Poles, overhead wires, and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crosssarms, 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 services.

(d) "Utility" means persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices.

(a) Following a public hearing, the Council may find the public necessity, health, safety, or welfare requires removal and underground installation within a designated area. The City Clerk shall notify affected property owners, as shown on the last equalized assessment roll, and affected utilities concerned by mail of the time and place of a council hearing for such purpose at least ten (10) days prior to the date. Each such hearing shall be open to the public and may be continued. All persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

(b) The Council shall declare such designated area an Underground Utility District and order such removal and underground installation. The 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 be ready to receive underground services. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of the labor, materials, and equipment necessary for removal and the installation of underground facilities.

(c) Within ten (10) days after the effective date of a resolution adopted pursuant to this section, the City Clerk shall notify affected utilities and persons owning real property within the Underground Utility District of the adoption of the resolution. The City Clerk shall further notify such affected property owners of the necessity that, if they, or a person occupying such property, desire to continue to receive electric, communication, or similar or associated services, they, or such occupant, shall provide the necessary facility changes on their premises so as to receive such services from the lines of the supplying utilities at a new location. Such notice shall be made by mailing a copy of the resolution with a copy of this article to owners as are shown on the last equalized assessment roll and to the affected utilities.

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 an Underground Utility District after the date when such overhead facilities are required by resolution to be removed.

(a) Overhead wires and associated structures may be maintained and operated within an Underground Utility District in the following circumstances: for not to exceed ten (10) days, with the authority of the Superintendent of Public Works to provide emergency services;

(b) For a reasonable time necessary to remove such facilities after underground facilities have been installed;

(c) Municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

(d) Poles or electroliers used exclusively for street lighting;

(e) Overhead wires (exclusive of supporting structures) crossing a portion of an Underground Utility District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited;

(f) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand (34,500) volts;

(g) 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;

(h) Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services;

(i) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and

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

If underground construction is necessary to provide utility services within an Underground Utility District, the supplying utility shall furnish the 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.

(a) Every person owning, operating, leasing, occupying, or renting a building or structure within an Underground Utility District shall construct and provide the portion of the service connection on property between the facilities and the termination facility on or within such building or structure being served.

(b) If such work is not accomplished within the time provided for in the resolution, the City Engineer shall give notice in writing to the person in possession of such premises, and the owner as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after the notice. The notice may be given by personal service or mail. The notice shall specify what work is required and shall state if such work is not completed within thirty (30) days after the receipt of such notice, the City Engineer will provide such required underground facilities, and the cost will be assessed against the property benefited, and become a lien upon such property.

(c) Upon the expiration of the 30-day period, the City Engineer shall forthwith proceed to do the work. If the premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall order the disconnection and removal of overhead service wires and associated facilities supplying the utility service to such property. Upon the completion of the work by the City Engineer, the City Engineer shall file a written report with the Council setting forth the fact the required underground facilities have been provided, the cost, and a legal description of the property.

(d) The Council shall fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, not less than ten (10) days' receipt of the report. The City Clerk shall give a notice in writing to the person in possession of such premises, and to the owner of the time and place the Council will pass upon such report and hear protests against such assessment. The notice shall also set forth the amount of the proposed assessment. At the time set for the hearing, the Council shall consider the report and protests, and affirm, modify, or reject the assessment.

(e) If an assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment, the City Engineer shall turn over to the Assessor and Tax Collector a notice of lien on each of such properties, the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time the property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of 6% per year.

The City shall remove City-owned equipment from poles required in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution.