La Palma Municipal Code Art. V Underground Utility Districts

Footnotes:

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State Law reference— City authority to implement conversion of overhead utility lines to underground utility districts, Government Code § 38793; uniform procedures for special assessment proceedings regarding conversion of existing overhead electric and communication facilities to underground locations, Streets and Highways Code § 5896.1 et seq.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the Public Utilities Commission of the State.

Poles, overhead wires and associated overhead structures means poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located above ground within a district and used or useful in supplying electric, communication, or similar or associated service.

Underground utility district ordistrict 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 36-159.

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

(Code 1975, § 24-1; Ord. No. 180, § 1)

The City 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 all affected property owners as shown on the last equalized 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 City Council shall be final and conclusive.

(Code 1975, § 24-2; Ord. No. 180, § 2)

Prior to holding such public hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and the estimate of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Code 1975, § 24-3; Ord. No. 180, § 3)

If, after any such public hearing, the City Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the City 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 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.

(Code 1975, § 24-4; Ord. No. 180, § 4)

Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in section 36-159, 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 section 36-155, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this article.

(Code 1975, § 24-5; Ord. No. 180, § 5)

This article and any resolution adopted pursuant to section 36-159 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 City Engineer.

(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, or are connecting to buildings on the perimeter of a district, when 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 such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

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

(Code 1975, § 24-6; Ord. No. 180, § 7)

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period not to exceed ten days without the authority of the City Council in order to provide emergency service. The City Engineer may grant special permission on such terms as the City Engineer 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.

(Code 1975, § 24-7; Ord. No. 180, § 6)

(a) Within ten days after the effective date of a resolution adopted pursuant to section 36-159, the City Clerk shall notify all utilities and all persons owning real property within the district affected by such resolution. 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) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to section 36-159, together with a copy of this article, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Code 1975, § 24-8; Ord. No. 180, § 8)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 36-159, 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.

(Code 1975, § 24-9; Ord. No. 180, § 9)

(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 or her property between the facilities referred to in section 36-164 and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.

(b) In the event any person owning, operating, leasing, occupying or renting such property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution adopted pursuant to section 36-159, the City Engineer shall post written notice on the property being served and 30 days thereafter shall have the authority to authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.

(Code 1975, § 24-10; Ord. No. 180, § 10)

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 such poles within the time specified in the resolution adopted pursuant to section 36-159.

(Code 1975, § 24-11; Ord. No. 180, § 11)

In the event that any act required by this article or by a resolution adopted pursuant to section 36-159 cannot be performed within the time provided on account of shortage of materials, 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.

(Code 1975, § 24-12; Ord. No. 180, § 12)