Lafayette Municipal Code Art. 3 Underground Utility Zones

It is the purpose of Sections 7-321 through 7-331 to provide for the orderly removal of existing overhead facilities and the construction of new underground facilities by providing a procedure by which the council may create an underground utility zone upon finding that the public necessity, health, safety or welfare requires it.

(Ord. 18 § 1 (part), 1968)

(a) The council may initiate proceedings to determine whether the public necessity, health, safety or welfare requires the creation of an underground utility zone for the purpose of requiring existing overhead distribution facilities to be replaced with underground distribution facilities along public streets, roads and ways. The council shall consult with each affected utility to determine whether or not undergrounding of utilities is in the general public interest for reasons of public necessity, health, safety or welfare.

(b) Proceedings are initiated when the council adopts a resolution calling a public hearing to determine whether or not to create an underground utility zone. The resolution shall generally describe the boundaries of the area proposed to be included in the underground utility zone.

(Ord. 18 § 1 (part), 1968)

When the council determines to hold a public hearing, the city shall notify property owners and utilities in the proposed area by mailing notice of the time and place of hearing. The notice shall be mailed at least ten days before the date of the hearing and shall be addressed to the owner, postage prepaid, as shown on the last equalized assessment roll or as known to the city.

(Ord. 18 § 1 (part), 1968)

The hearing is open to the public and the council may continue it from time to time. At the hearing all persons interested shall be given an opportunity to be heard.

(Ord. 18 § 1 (part), 1968)

(a) At the close of the public hearing, the council shall determine whether or not the public necessity, health, safety or welfare require underground installation.

(b) The decision of the council is final. If the council finds that facilities should be installed underground, the council shall adopt a resolution declaring the formation of the underground utility zone and ordering the installation of existing overhead distribution facilities underground. The resolution shall describe the area of the underground utility zone and fix a reasonable time within which the work must be done.

(Ord. 18 § 1 (part), 1968)

(a) Utility Responsibility. The utility shall furnish and pay the costs of providing that portion of the underground facilities required to be furnished by it under its rules, regulations and tariffs on file with the Public Utilities Commission of the state of California.

(b) Property Owner's Responsibility. The property owner is responsible for providing that portion of the service connection on his property between the facilities referred to in subsection (a) and the termination facility on or within the structure being served, in accordance with applicable rules, regulations and tariffs of the utility on file with the Public Utilities Commission of the state of California.

(Ord. 18 § 1 (part), 1968)

The city and each federal, state and local governmental agency and district is responsible for the removal of its police and fire alarm circuits or other equipment at its own expense from the facilities required to be removed. The responsible agency shall complete this work in sufficient time to enable each utility and property owner to remove the facilities for which they are responsible within the time specified in the resolution ordering removal.

(Ord. 18 § 1 (part), 1968)

Within 30 days after adoption of the resolution creating the underground utility zone and ordering removal, the city shall give notice to each utility affected and each property owner within the area designated in the resolution.

(Ord. 18 § 1 (part), 1968)

The notice shall:

(a) State that the council has adopted the resolution creating the underground utility zone;

(b) Describe the area within the underground utility zone;

(c) Advise each property owner of the necessity that if he or the person occupying the property desires to continue to receive service, he or the occupant shall provide all necessary facility changes on the premises to receive service;

(d) State the time within which the work must be completed.

(Ord. 18 § 1 (part), 1968)

The city shall have a copy of the notice and resolution creating the underground utility zone and ordering removal mailed to each affected utility and to each property owner as known to the city or as shown on the last equalized assessment roll, postage prepaid.

(Ord. 18 § 1 (part), 1968)

Each property owner and each utility shall comply with the resolution order and install the facilities for which he is responsible within the time prescribed in the resolution.

(Ord. 18 § 1 (part), 1968)