Dixon Municipal Code Art. II Procedures For Establishment

Whenever the Council finds and determines that the public safety and general welfare require the establishment of an underground utility distribution facilities district in order to accomplish the objects and purposes of this chapter the Council may, by ordinance, create and establish such districts. Before enacting an ordinance establishing such a district, the Council shall comply with the provisions of this chapter.

(Ord. 12-004)

The Council shall, prior to the adoption of a resolution of intention to establish an underground utility distribution facilities district, order the City Engineer to make and file with the Council a report on the proposed project.

(Ord. 12-004)

After the report is considered by the Council, it may pass a resolution of intention to establish the underground utility distribution facilities district. The resolution of intention to establish such district shall:

A. Contain a statement of the intention to form the underground utility distribution facilities district;

B. Contain a designation of such district by a distinctive number;

C. Contain a description and map delineating public streets and properties or portions thereof, from which such utility distribution facilities must be removed and underground installation made;

D. Fix the date by which property owners shall be ready to receive underground distribution service and the date by which poles must be removed, which dates of completion may be postponed for a reasonable time for good and sufficient cause. A reasonable time shall be allowed for removal and underground installation, having due regard for the availability of necessary labor, materials and equipment for removal and installation of such underground facilities as may be occasioned thereby;

E. Fix the time and place for a public hearing thereon, at which hearing protests and objections from all interested persons shall be heard and considered;

F. Direct the City Clerk to give notice of such hearing in the manner described in DMC § 13.06.230.

(Ord. 12-004)

After adoption of the resolution of intention to establish such district, notice thereof shall be published once a week for two (2) successive weeks in a newspaper published and circulated in the County, and by posting notices in conspicuous places along the street or streets within the proposed underground district at not more than three hundred (300) feet apart. In no case shall there be fewer than three (3) notices stating the fact and date of the adoption of the resolution of intention and the date, time, and place fixed for the hearing of protests and objections. The publication and posting shall be at least ten (10) days before the date set for such hearing. The City Clerk shall also mail a copy of such resolution of intention to each utility whose facilities are affected by such resolution.

(Ord. 12-004)

Any interested person who objects to the establishment of the proposed district or to the boundaries thereof may file a protest or objection in writing with the City Clerk prior to the hearing and may present oral protests and objections at the hearing.

(Ord. 12-004)

The Council shall hear, consider, and pass upon the protests and objections at the time appointed therefor, or at any time to which the hearing thereof may be adjourned, and may modify or correct the boundaries of the proposed district so long as the boundaries are not expanded such that additional notice would be required pursuant to DMC § 13.06.230. In that event, the Council shall undertake the procedures described in DMC § 13.06.220, so that all interested parties will be on notice of the proposed district. If the protests and objections are denied, or if no protests and objections are filed, the Council may, by ordinance, establish the proposed district. The Council shall acquire jurisdiction to proceed upon the date such ordinance becomes effective.

(Ord. 12-004)

In addition to those areas established as underground utility districts pursuant to DMC § 13.06.250, utilities shall be placed underground in all new subdivisions and planned unit developments except that undergrounding districts shall not be required where the street frontage is less than six hundred (600) feet, unless requested by the developer or property owner(s).

(Ord. 12-004)