Dublin Municipal Code Art. I General Provisions

The City Council of the city does find and declare as follows:

A. That as areas of the city become more thickly urbanized, the demand for utility distribution facilities supplying electric, communication, and similar services increases to the point that the public welfare requires the removal of poles and overhead wires and associated overhead structures and the underground installation of wires and facilities;

B. That it is in the best interest of the residents and persons using the street, highways, and in such areas to require the undergrounding of existing utility distribution facilities at the time of and coincidental with major street improvements occurring in such areas because of less disruption of traffic, and for the better preservation, maintenance, and protection of the public street, highways, curbs, gutters, and sidewalks;

C. That it is declared to be in the public interest and in the interest of members of the public using such public streets and highways, because of economies which may accrue both to property owners in the vicinity and to the city in the construction, maintenance, and repair of such public facilities, and in the reduction of hazards, delays, and increases in the safety of persons using same, and residing adjacent thereto and services by such utility distribution systems, to provide for the undergrounding of such utility distribution systems at the same time and coincidental with major street improvements occurring in such areas;

D. That in order to accomplish such purposes, it is necessary to provide for the creation of special undergrounding districts within which the person supplying such utility services and the users of same shall cooperate to accomplish the undergrounding of such utility service systems and the undergrounding of connection thereto by the users of such service, in accordance with the rules and regulations on file with the California Public Utilities Commission.

(Ord. 41-87 § 1)

The purposes and object of this chapter are to accomplish the foregoing results, and the provisions thereof shall be liberally construed so as to give full effect to the accomplishment of such purpose and object.

(Ord. 41-87 § 2)

“Council”

means the City Council of the city of Dublin.

“Distribution service”

means and includes the supplying through utility distribution facilities of electric, communication of similar associated services.

“Modified underground system”

means an electric or communications distribution system consisting of metal poles supporting high voltage wires, padmounted transformers, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, switches, transformers and street lights, with all other facilities and wires for the supplying distribution service being placed underground.

“Person”

as used herein shall include any public utility as defined in Section 216 of the Public Utilities Code and any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or employee of any of them.

“Utility distribution facilities”

means and includes all poles, wires, or other overhead structure used in the supplying of distribution service to properties adjacent to City roads or streets; provided, however, that the term utility distribution facilities as used in this chapter shall not include metal poles used exclusively for street lighting, traffic signals, pedestals for police and fire system communications and alarm boxes, padmounted transformers, pedestalmounted terminal boxes and meter cabinets, concealed ducts, or facilities used to carry voltages higher than thirty-five thousand (35,000) volts.

(Ord. 41-87 § 3)

This chapter shall not apply to the following types of facilities:

A. Overhead wires, exclusive of supporting structures, crossing any portion of an area from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;

B. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture or fixtures and extending from one location on the same building or to an adjacent building without crossing any public street;

C. Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services.

(Ord. 41-87 § 24)