Fresno Municipal Code Art. 6 Underground Utility Districts

This article shall be known as the Fresno City Underground Utility District Ordinance. (Added Ord. 68-170, 1968).

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 3 of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Commission" means the Public Utilities Commission of the State of California.

(c) "Director" means the Public Works Director.

(d) "District" or "Underground Utility District" means that area in the city within which any poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13-604 hereof, or pursuant to other competent authority.

(e) "Person" means and includes individuals, firms, corporations, partnerships and their agents and employees.

(f) "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, cable television, or similar associated service.

(g) "Utility" means all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Added Ord. 68-170, 1968; Am. Ord. 79-139, § 1, 9-21-79).

The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the full removal of poles, overhead wires and associated overhead structures within designated areas of the city and the full underground installation of wires and facilities for supplying electric, communication, cable television, or similar or associated service, subject to such exceptions as may be authorized by Section 13-607. The City Clerk shall notify all affected property owners as shown on the last assessment roll and utilities concerned by mail 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. (Added Ord. 68-170, 1968; Am. Ord. 68-175, 1968).

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, for the reason that such acts will avoid or eliminate an unusually heavy concentration of overhead facilities; or streets involved are extensively used and carry a heavy volume of traffic; or the facilities or streets involved adjoin or pass through scenic, civic, park, recreation, or other special areas in which undergrounding is of a special necessity or effect; the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall fix the time within which such removal and underground installation shall be accomplished and within which affected persons must 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. The resolution shall include a description of the area comprising such district. The description may be by adoption of a map or drawing by reference. Whenever the description refers to a street or alley, the reference shall be to the boundaries of the street or alley; and the district area shall also include all yards required by the Zoning Ordinance along the street or alley on all properties abutting the street or alley, unless the resolution otherwise provides. (Added Ord. 68-170, 1968, Am. Ord. 68-175, 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 13-604 hereof, 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 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 13-610, and for such reasonable time, as determined by the Director, required to remove said facilities after said work has been performed. (Added Ord. 68-170, 1968).

Notwithstanding the provisions of this article, the Director may grant special permission, on such terms as the Director may deem necessary and proper, in case of an emergency or unusual circumstance or in case of a construction project, to utilities or governmental agencies to temporarily erect, construct, install, maintain, use, or operate poles, overhead wires, and associated overhead structures. (Added Ord. 68-170, 1968).

In any resolution adopted pursuant to Section 13-604 hereof, 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 Director.

(b) Poles, or electroliers used exclusively for street lighting, and conductors which serve a single pole or electrolier.

(c) Overhead wires carrying electric power at primary or transmission voltage (exclusive of supporting structures) crossing (at approximately a right angle to the main axis of the District at that point, as the Council may approve) any portion of a District within which overhead wires have been prohibited.

(d) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 21,000 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 encroaching upon or over any public street.

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

(g) Poles, overhead wires, and associated overhead structures presently in existence at the time of adoption of the resolution which had been theretofore approved by the city as complying with requirements of partial undergrounding of the area, i.e., those which were erected as a "streamline" system or other partial system of similar denomination. (Added Ord. 68-170, 1968; Am. Ord. 95-78, § 4, eff. 12-1-95).

Within thirty days after the effective date of a resolution adopted pursuant to Section 13-604 hereof, the City Clerk shall notify all affected utilities and all affected property owners, as shown on the last assessment roll, within the District created by said 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. (Added Ord. 68-170, 1968).

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 13-604 hereof, 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. (Added Ord. 68-170, 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 his property between the facilities referred to in Section 13-609 and the termination facility on or within said building or structure being served; all in accordance with applicable rules, regulations, and tariffs on file with the Commission.

(b) In the event any person owning, operating, leasing, occupying, or renting said property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution enacted pursuant to Section 13-604 hereof, or pursuant to other competent authority, the Director shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon such order, any affected utility shall so disconnect and remove the wires and facilities. (Added Ord. 68-170, 1968; Am. Ord. 79-139, § 2, 9-21-79).

The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder 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 13-604 hereof. (Added Ord. 68-170, 1968).

In the event that any act required by this article or by a resolution adopted pursuant to Section 13-604 hereof 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 similar circumstances beyond the control of the actor, then the time within which such act will be accomplished will be determined and extended by the Director for a period equivalent to the time of such limitation.

(Added Ord. 68-170, 1968).

The City Clerk shall file by map or otherwise, the description of the area comprising a district declared by the Council, for recording by the Recorder of Fresno County.

(Added Ord. 68-170, 1968).

Whenever any resolution adopted pursuant to this article is to be amended to change any provision thereof (other than a change of district boundaries), the procedure of this article shall be followed except that only utility companies and affected property owners need be given required notices.

(Added Ord. 68-170, 1968).