Los Banos Municipal Code Ch. 3 Underground Utility Facilities

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Commission"

shall mean the Public Utilities Commission of the State.

"District" or "underground utility district"

shall mean 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 7-3.03 of this chapter.

"Person"

shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

"Poles, overhead wires, and associated overhead structures"

shall mean 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 services.

"Utility"

shall mean and include all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices.

(§ 1, Ord. 420)

The Council may from time to time set 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 services. The City Clerk shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least 10 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.

(§ 2, Ord. 420)

If, after any such public hearing, as set forth in Section 7-3.02 of this chapter, the Council finds that the public necessity, health, safety, or 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. 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 shall be ready to receive underground services. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of the labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(§ 3, Ord. 420)

Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein, as set forth in Section 7-3.03 of this chapter, 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 by resolution to be removed, except as such overhead facilities may be required to furnish services 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 services, as set forth in Section 7-3.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.

(§ 4, Ord. 420)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the Council in order to provide emergency services. The 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.

(§ 5, Ord. 420)

The City may authorize any or all of the following exceptions in any resolution adopted pursuant to the provisions of Section 7-3.03 of this chapter:

(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, or connecting to buildings on the perimeter of a District, where 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 34,500 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; and

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

(§ 6, Ord. 420)

Within 10 days after the effective date of a resolution adopted pursuant to the provisions of Section 7-3.03 of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within the District thereby created of the adoption of the 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 services, they, or such occupant, shall provide all necessary facility changes on their premises so as to receive such services from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.

Such notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 7-3.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as they are shown on the last equalized assessment roll and to the affected utilities.

(§ 7, Ord. 420, as amended by § 1, Ord. 730, eff. May 3, 1985)

(a) If underground construction is necessary to provide utility services within a District created by any resolution adopted pursuant to the provisions of Section 7-3.03 of this chapter, 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.

(b) Upon the request of the Council, the utility will pay for the installation of no more than 100 feet of each customer's underground electric service lateral occasioned by the undergrounding. The Council may establish a smaller footage allowance or may limit the amount of money to be expended on a single customer's electric service, or the total amount to be expended on all electric service installations in a particular project.

(§ 8, Ord. 420, as amended by § 2, Ord. 730, eff. May 3, 1985)

(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 7-3.08 of this chapter 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 enacted pursuant to the provisions of Section 7-3.03 of this chapter, the City Engineer shall post written notice on the property being served and 30 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility services to such property.

(c) 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 enacted pursuant to the provisions of Section 7-3.03 of this chapter, the City Clerk may give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the latest equalized County assessment roll, or as is known to the City Clerk, to provide the required underground facilities within 10 days after the receipt of such notice.

(1) The notice to provide the required underground facilities may be given either by personal service or by certified mail, return receipt requested. If notice is given by mail to either the owner or occupant of such premises, the City Clerk, within 48 hours after the mailing thereof, shall cause a copy thereof, printed on a form not less than eight (8″) inches by ten (10″) inches in size, to be posted in a conspicuous place on the premises.

(2) The notice shall particularly specify what work is required to be done and shall state that if the work is not completed within 30 days after the receipt of such notice, the City will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(3) If, upon the expiration of the 30 day period, the required underground facilities have not been provided, the City shall forthwith proceed to do the work. Upon the completion of the work by the City, the City Clerk shall file a written report with the 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.

(4) The City Clerk shall forthwith, upon the time for hearing such protests having been fixed, give written notice to the person in possession of such premises and to the owner thereof in the manner provided in subsection (1) of this subsection. The notice shall describe the work completed, the legal description of the property, the amount of the proposed assessment, the time and place of the hearing wherein the Council will consider the adoption of the proposed assessment, and a statement that the assessee shall have an opportunity at the time of such hearing to attend and to protest the proposed assessment. The hearing shall not be earlier than 10 days after the giving of the notice thereof.

(5) Upon the date and hour set for the hearing of the protests, the Council shall hear and pass upon the report as provided in this subsection.

(6) Within 10 days after the confirmation of the assessment by the Council, the assessment shall be payable to the City Treasurer. If all or any portion of the assessment is not paid to the City Treasurer within 10 days after its confirmation, the amount of the assessment shall become a lien upon the property as provided in this subsection.

(7) In the event all or any portion of the assessment is not paid within 10 days after its confirmation, the collection of the assessment may be payable in installments upon the adoption of a resolution therefor according to the procedure described in this subsection.

(§ 9, Ord. 420, as amended by § 3, Ord. 730, eff. May 3, 1985)

The City shall remove at its own expense all City-owned equipment from all poles required by the provisions of this chapter to be removed in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to the provisions of Section 7-3.03 of this chapter.

(§ 10, Ord. 420)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 7-3.03 of this chapter cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstance beyond the control of the actor, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(§ 11, Ord. 420)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of tins chapter. Any person violating any of the provisions of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 12, Ord. 420)