§ 9-3

(a)

If, after any such public hearing as described in section 9-3-2, the city council finds that the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and requires the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service within a designated area, and the city council determines that such undergrounding is in the general public interest for one or more of the following reasons:

(1)

Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead facilities;

(2)

The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;

(3)

The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public;

the city council shall, by resolution, declare the designated area an underground utility district and shall order the removal and underground installation of such facilities. The decision of the city council shall be final and conclusive.

(b)

Immediately following its adoption, the city clerk shall cause a certified copy of the resolution to be recorded in the office of the county recorder. The resolution shall include a description and map of the area comprising the district, and will also provide that the city council shall by subsequent resolution fix the time within which:

(1)

The individual properties in the district must be ready to receive underground service; and

(2)

Poles, overhead wires and associated overhead structures shall be removed.

(c)

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.

(Ord. No. 90-11, § 15, 3-6-90)

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 9-3-4, 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 the overhead facilities are required to be removed by such resolution, unless such facilities are specifically excluded from the undergrounding requirement in the resolution or except as provided in this article. Overhead facilities may, however, be permitted to remain temporarily, if required to furnish service to an owner or occupant of property, for a reasonable period of time 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 9-3-10, and for such reasonable time as is required to remove the facilities after the work has been performed, and as otherwise provided in this article.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-6. - Exceptions for emergency or unusual circumstances.

Notwithstanding other provisions of this article, overhead facilities may be installed and maintained for a period not to exceed ten days without authority of the city council in order to provide emergency service. Additionally, the city council may grant special permission, on such terms as the council 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. No. 90-11, § 15, 3-6-90)

Sec. 9-3-7. - Additional exceptions.

This article and any resolution adopted pursuant to section 9-3-4 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

(1)

Any city facilities or equipment installed under the supervision and to the satisfaction of the director of community development.

(2)

Poles and associated overhead structures used exclusively for street lighting.

(3)

Overhead wires which originate on a pole outside the boundaries of a district and terminate at a point of service on a building within the district.

(4)

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street.

(5)

Antennas, associated equipment and supporting structures, used by a utility for furnishing communications services.

(6)

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, concealed ducts, cable TV pedestals and amplifier cabinets.

(7)

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

(8)

Stub poles, anchors and guy wires originating in the district but used to support poles outside the district.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-8. - Notice to property owners and utility companies.

(a)

Notification of creation of district.

(1)

Within ten days after the effective date of a resolution adopted pursuant to section 9-3-4, the city clerk shall notify all affected utilities and all affected property owners within the district created by the resolution of the adoption thereof. The 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, community antenna television or similar or associated service, they or such occupant, at their own expense, shall provide all necessary facility changes on their premises so as to receive underground service from the underground lines of the supplying utilities, subject to the applicable rules, regulations and tariffs of the respective utilities on file with the public utilities commission and to all other applicable requirements of state laws and city ordinances.

(2)

Notifications by the clerk shall be made by mailing a copy of the resolution adopted pursuant to section 9- 3-4, 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.

(b)

Notice of deadline for change of facilities.

(1)

Within 15 days of adoption by the city council of the resolution fixing the time within which conversions on private property and pole removal must be accomplished, the city clerk shall further notify all affected utilities and affected persons that the work required to change the facilities on the premises so as to receive electric, communication or community antenna television or similar or associated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the resolution. This notice shall also state the date all poles and related overhead structures are to be removed from within the district.

(2)

Notification by the clerk shall be made by mailing a copy of this resolution to affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-9. - Responsibility of utility companies.

If underground construction is necessary to provide utility service within the district created by any resolution adopted pursuant to section 9-3-4, 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 public utilities commission and all other applicable requirements of state laws and city ordinances.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-10. - Responsibility of property owners.

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall provide for the construction of that portion of the service connection on his property between the facilities referred to in section 9-3-9 and the termination facility on or within the building or structure being served.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-11. - Enforcement.

If any person owning, operating, leasing, occupying or renting the property does not comply with section 9- 3-10 within the time specified in the resolution adopted pursuant to sections 9-3-4 and 9-3-8(b), the director of community development shall proceed as follows:

(1)

He shall give notice in writing to the person in possession of such premises, and notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

(2)

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice shall be deposited in the United States mail, in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and to the owner thereof. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it is sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the director shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.

(3)

The notice given by the director to provide the required underground facilities shall particularly specify that work is required to be done and shall state that, if the work is not completed within 30 days after receipt of such notice, the director will provide such required underground facilities, in which case the cost and expense thereof, including engineering, legal, advertising and all incidental expenses, will be assessed against the property benefited and become a lien upon such property.

(4)

If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the director shall forthwith proceed to do the work; provided, however, that, if such premises are unoccupied and no electric or communication services are being furnished thereto, the director may, in lieu of providing the underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the director, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.

(5)

The director shall forthwith, upon the time for hearing such protests having been fixed, give notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner provided in this section for giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(6)

Upon the date and hour set for the hearing of protests, the city council shall hear and consider the report and all protests, if there are any, and proceed to affirm, modify or reject the assessment.

(7)

If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment was made by the director, and the director shall deliver to the assessor and tax collector of the county a notice of lien on each of the

properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time property taxes are due and payable and, if delinquent, shall bear the same penalties as prescribed for delinquent real property taxes.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-12. - Responsibility of city.

The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed under this article in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution adopted pursuant to section 9-3-4.

(Ord. No. 90-11, § 15, 3-6-90)

Sec. 9-3-13. - Extension of time.

If any act required by this article or by a resolution adopted pursuant to section 9-3-4 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. No. 90-11, § 15, 3-6-90)