Monrovia Municipal Code Ch. 13.16 Underground Utilities

As used in this chapter, the following words and phrases, and any variant thereof, shall have the following meanings:

COMMISSION. The Public Utilities Commission of the state.

COMMUNICATION SERVICE. The transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger-call, clock, police, fire alarm and traffic-control circuits and circuits for the transmission of standard television or radio signals.

CONVERT and CONVERSION. The removal of all or any part of any existing overhead facilities and the replacement thereof with underground facilities constructed at the same or different locations.

ELECTRIC FACILITIES or COMMUNICATION FACILITIES. Any works or improvements used or useful in providing electric or communication service, including, but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. ELECTRIC FACILITIES shall not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess or 35,500 volts.

ELECTRIC SERVICE. The distribution of electricity for heat, light or power.

OVERHEAD FACILITIES. Electric or communication facilities located, in whole or in part, above the surface of the ground.

PERSON. Shall include individuals, firms, corporations, partnerships and their agents and employees.

UNDERGROUND FACILITIES. Electric or communication facilities located, in whole or in part, beneath the surface of the ground.

UNDERGROUND UTILITY DISTRICT or DISTRICT. That area in the city within which overhead facilities are prohibited. Such area shall be designated in a resolution of the City Council as provided in § 13.16.060.

UTILITY. Shall include all persons or entities supplying electric or communication service by means of electrical materials or devices.

(`83 Code, § 13.16.010) (Ord. 82-37 § 1 (part), 1982)

Proceedings for a conversion shall be initiated by either a petition or by a determination of the City Council.

(A) In order to initiate proceedings, a petition shall:

(1) Describe the proposed assessment district, as provided in Cal. Streets and Highways Code § 5181;

(2) Generally describe the proposed conversion;

(3) Request that proceedings for such conversion be taken pursuant to this chapter.

(B) In order to initiate proceedings, the City Council shall determine that the city or a public utility has voluntarily agreed to pay over 50% of all costs of conversion, excluding costs of users' connection to underground facilities.

(`83 Code, § 13.16.020) (Ord. 82-37 § 1 (part), 1982)

A petition for proceedings for conversion shall be signed by not less than five owners of assessable land, as shown by the last equalized assessment roll used by the city, constituting more than one-half of the area of all assessable lands within the proposed assessment district.

(`83 Code, § 13.16.030) (Ord. 82-37 § 1 (part), 1982)

The petition shall be filed with the Clerk, who shall thereupon check or cause said petition to be checked. If the petition is signed by the requisite number of qualified signers, the Clerk shall execute a certificate of sufficiency and present said petition and certificate to the legislative body.

(`83 Code, § 13.16.040) (Ord. 82-37 § 1 (part), 1982)

(A) Upon presentation of the petition and certificate of sufficiency or upon making a determination pursuant to § 13.16.020(B), the City Council may adopt a resolution declaring its intention to order the conversion and ordering a public hearing on these proceedings.

(B) The City Clerk shall mail notices of the time and place of such hearing to all affected utilities and property owners of record at least ten days prior to the date thereof.

(`83 Code, § 13.16.050) (Ord. 82-37 § 1 (part), 1982)

If after any such public hearing, safety and welfare requires such conversion within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such conversion. Such resolution shall include a description of the area comprising such district and shall fix the time within which such conversion shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such conversion, having due regard for the availability of labor, materials and equipment necessary for such conversion.

(`83 Code, § 13.16.060) (Ord. 82-37 § 1 (part), 1982)

Whenever the City Council creates an underground utility district and orders conversion as provided in this chapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate overhead facilities in the district after the date set for said overhead facilities to be removed, except as said overhead facilities may be required to furnish service to a property prior to the owner or occupant performing the underground work necessary to continue to receive utility services as provided in § 13.16.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(`83 Code, § 13.16.070) (Ord. 82-37 § 1 (part), 1982)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 30 days without authority of the Council, in order to provide emergency service. The Director of Public Works may grant special permission to erect, construct, install, maintain, use, or operate overhead facilities on terms deemed appropriate, in cases of unusual circumstances, without discrimination as to any person or utility.

(`83 Code, § 13.16.080) (Ord. 82-37 § 1 (part), 1982)

This chapter and any resolution adopted pursuant to § 13.16.060, unless otherwise provided in such resolution, shall not apply to the following types of facilities:

(A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works;

(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, when such wires originate in an area from which overhead facilities are not prohibited;

(D) Overhead facilities used for the transmission of electric energy at nominal voltages in excess of 35,000 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 crossing any public street;

(F) Antenna 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 metal cabinets, and concealed ducts;

(H) Temporary overhead facilities used or to be used in conjunction with construction projects.

(`83 Code, § 13.16.090) (Ord. 82-37 § 1 (part), 1982)

If underground construction is necessary to provide utility service within a district created by 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.

(`83 Code, § 13.16.100) (Ord. 82-37 § 1 (part), 1982)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed under this chapter 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 § 13.16.060.

(`83 Code, § 13.16.110) (Ord. 82-37 § 1 (part), 1982)

(A) Within ten days after the effective date of a resolution adopted pursuant to § 13.16.060, the City Clerk shall notify all affected utilities and all persons owning real property 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 or communication service, that subject to applicable rules, regulations, tariffs or ordinances, all electric or communication facilities, including connections to the owner's premises, located upon any lot or parcel of land within the district shall be constructed, reconstructed, relocated or converted by the owner of such lot or parcel at his own expense. Such work may be done by the contractor or the public utility, public agency or city performing the conversion work, and the cost thereof included in the assessment to be levied upon such lot or parcel, provided that the owner shall execute a written request therefor and file the same with the Clerk. Any such request shall expressly authorize the contractor, public utility, public agency or city, and their respective officers, agents and employees, to enter upon such lot or parcel for such purpose and shall waive any right of protest or objection in respect of the doing of such work and the inclusion of the cost thereof in said assessment.

(B) The provisions of this chapter shall not be deemed to diminish any right of an owner of a lot or parcel of land to contract any portion of work on his premises.

(`83 Code, § 13.16.120) (Ord. 82-37 § 1 (part), 1982)

Any written request executed pursuant to § 13.16.120 shall be filed with the City Clerk not later than the date fixed for commencement of construction of the conversion. A written request executed after such date shall not be accepted for filing by the City Clerk unless it shall contain the written approval of the contractor, public utility, public agency or city which is authorized to perform such work or improvement.

(`83 Code, § 13.16.130) (Ord. 82-37 § 1 (part), 1982)

The City Clerk shall mail a notice to each owner of a lot or parcel of land within the assessment district advising him or her of the provisions of §§ 13.16.120 and 13.16.130 and stating that unless such owner complies with the requirements of such sections all buildings, structures and improvements located upon the lot or parcel will be subject to disconnection from the electric or communication facilities providing service thereto. Such notice shall be mailed at least 15 days prior to the date of commencement of construction and shall be mailed to the owners whose names and addresses appear on the last equalized assessment roll used by the city or as known to the City Clerk.

(`83 Code, § 13.16.140) (Ord. 82-37 § 1 (part), 1982)

If the owner of any lot or parcel of land fails to comply with the requirements of §§ 13.16.120 and 13.16.130, the city may order the disconnection and removal of all overhead facilities providing service to any building, structure or improvement located upon such lot or parcel. Written notice of proposed disconnection shall be given at least five days prior to disconnection by leaving a copy of such notice at the principal building, structure or improvement located upon such lot or parcel.

(`83 Code, § 13.16.150) (Ord. 82-37 § 1 (part), 1982)

In the event that any act required by this chapter or by a resolution adopted pursuant to § 13.16.060 cannot be performed within the time provided, on account to 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.

(`83 Code, § 13.16.160) (Ord. 82-37 § 1 (part), 1982)