Chapter 52 — UNDERGROUND UTILITY DISTRICTS

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.

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 prohibited as such area is described in a resolution adopted pursuant to the provisions of § 52.02(B) of this chapter.

UTILITY. All persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.

('63 Code, § 7-6.01) (Ord. 113-C.S., passed 1-12-69)

(A) Reports.

(1) 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 by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten 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.

(2) Prior to holding such public hearings, the Director of Public Works shall prepare a report for submission at such hearings containing, among other information, the extent of the utilities' participation and estimates of the total cost to the city and affected property owners. The report shall also contain an estimate of the time required to complete the underground installation and the removal of overhead facilities.

('63 Code, § 7-6.02)

(B) Council may designate underground utility districts by resolution. 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 shall 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.

('63 Code, § 7-6.03)

(Ord. 113-C.S., passed 1-12-69; Am. Ord. 240-C.S., passed 12-6-74; Am. Ord. 375-C.S., passed 10-19-82)

Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in § 52.02(B) of 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 as provided in § 52.06(B) of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.

('63 Code, § 7-6.04) (Ord. 113-C.S., passed 1-12-69) Penalty, see § 10.99

(A) Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days, without authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission, on such terms as the Director of Public Works 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.

('63 Code, § 7-6.05)

(B) The provisions of this chapter and any resolution adopted pursuant to the provisions of § 52.02(B) of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works;

(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, where 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 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 as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and,

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

('63 Code, § 7-6.06)

(Ord. 113-C.S., passed 1-12-69; Am. Ord. 375-C.S., passed 10-19-82)

(A) Within ten days after the effective date of a resolution adopted pursuant to the provisions of § 52.02(B) of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. 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 so as 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 Commission.

(B) Such notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of § 52.02(B) of this chapter, together with a copy of the provisions of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

('63 Code, § 7-6.07) (Ord. 113-C.S., passed 1-12-69)

(A) Utility company. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to the provisions of § 52.02(B) of 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 Commission.

('63 Code, § 7-6.08)

(B) Property owners.

(1) 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 property between the facilities referred to in division (A) of this section and the termination facility on or within such building or structure being served, all in accordance with the rules of the Public Utilities Commission of the state.

(2) In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection (1) of this division (B) within the time provided for in the resolution enacted pursuant to § 52.02(B) of this chapter, the Director of Public Works shall post a written notice on the property being served and 30 days thereafter may authorize the discontinuation and removal of any and all overhead service wires and associated facilities supplying utility services to such property.

('63 Code, § 7-6.09)

(C) City. The city shall remove at its own expense, all city-owned equipment from all poles required to be removed pursuant to the provisions of this chapter in ample time to enable the owner or user of such poles to remove such poles within the time specified in the resolution enacted pursuant to the provisions of § 52.02(B) of this chapter.

('63 Code, § 7-6.10)

(Ord. 113-C.S., passed 1-12-69; Am. Ord. 240-C.S., passed 12-6-74; Am. Ord. 375-C.S., passed 10-19-82)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of § 52.02(B) of this chapter cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation. ('63 Code, § 7-6.11) (Ord. 113-C.S., passed 1-12-69)