Farmersville Municipal Code Ch. 12.08 Underground Utility Districts

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. "Commission" means the Public Utilities Commission of the state.

B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

C. "Poles, overhead wires and associated overhead structures" means 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.

D. "Underground utility district" or "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 to the provisions of Section 12.08.030.

E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 84 § 1, 1968)

A. Proceedings for a conversion to underground utilities shall be initiated by either a petition or a determination of the city council.

B. In order to initiate a proceeding a petition shall: 1. Describe the proposed assessment district as provided for in Section 5181 of the California Streets and Highways Code;

2. Generally describe the proposed conversion;

3. Request the proceedings for such conversion be taken pursuant to the California Streets and Highways Code and Chapter 12.08 of the Farmersville Municipal Code.

C. In order to initiate proceedings the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty percent of all costs of said conversion, excluding costs of user connections to underground electric and/or communications facilities.

D. A petition for proceedings for conversions shall be signed by not less than five owners of assessable land in the proposed district as shown by the last equalized assessment role used by the city, owning land consisting of more than one-half of the area of all assessable land within the proposed assessment district.

(Ord. 302 § 2, 1986)

A. 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.

B. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll used by the city and utilities concerned by mail of the time and place of such hearings at least fifteen days prior to the dates thereof.

C. Each such hearing shall be open to the public and may be continued from time to time.

D. At each such hearing all persons interested shall be given an opportunity to be heard.

E. The decision of the council shall be final and conclusive.

(Ord. 302 § 6, 1986; Ord. 84 § 2, 1968)

A. If, after any such public hearing the council finds that the public necessity, health, safety and 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.

B. 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.

C. A reasonable time shall be allowed for such removal and underground installation, having the 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.

(Ord. 84 § 3, 1968)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.08.030, it is 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 said overhead facilities are required to be removed by such resolution, except as said 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 Section 12.08.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(Ord. 84 § 4, 1968)

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.

B. 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.

(Ord. 84 § 5, 1968)

In any resolution adopted pursuant to Section 12.08.030, the city may authorize any or all of the following exceptions:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;

B. Poles, or electroliers used exclusively for street lighting;

C. Overhead wires, exclusive of supporting structures, crossing any portion of a district within which overhead wires have been prohibited, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;

E. 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;

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

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

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

(Ord. 84 § 6, 1968)

A. Within ten days after the effective date of a resolution adopted pursuant to Section 12.08.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof.

B. 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.

C. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.08.030, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

D. Notification shall also include a statement informing the property owner that he may request the public utility or city to cause such conversion to be constructed pursuant to Section 5896.14 of the California Streets and Highways Code at the owner's expense, giving the time limits that the property owner has to request such work to be done and that if the property owner fails to accomplish said conversion that the affected property will be subject to disconnection from the electric and/or communication facilities providing service to said property.

(Ord. 302 § 1, 1986; Ord. 84 § 7, 1968)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.08.030, 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.

(Ord. 84 § 8, 1968)

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 their property between the facilities referred to in Section 12.08.080 and termination facilities on or within said buildings which are being serviced. Pursuant to Sections 5896.14 and 5896.15 of the California Streets and Highways Code, the property owner may request in writing that the required relocation of utility conversion be performed by the public utility or the city at the owner's expense. If the work is performed at the owner's written request by the public utility or the city the cost shall be included in the assessment for the respective property.

B. If the property owner shall fail to comply with the requirements of subsection A of this section, the city may order the disconnection and removal of all overhead electric and/or communication facilities providing service to any building, structure or improvement located upon such property provided that the property owner is given at least five days' prior written notice to the address appearing on the last equalized assessment role used by the city and notice posted at the principal building, structure or improvement located upon the property.

(Ord. 302 §§ 1, 4, 5, 22(part), 1986: Ord. 84 § 9, 1968)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed under this chapter 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 Section 12.08.030.

(Ord. 84 § 10, 1968)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.08.030 cannot be performed within the time provided on account of shortage 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 will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 84 § 11, 1968)

Any person violating any provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as set out in Chapter 1.12 of this code.

(Ord. 302 §§ 19, 22(part), 1986: Ord. 84 § 12, 1968)