§ 7-5

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrase used in this chapter are defined as follows: (a) “Aerial plant,” 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 power, communications, or similar or associated services. (b) “Assessment roll,” “Assessor,” and “Tax Collector” shall mean the tax assessment and collection organization of the County acting for the City. (c) “Commission” shall mean the Public Utilities Commission of the State. (d) “District” shall mean a utility undergrounding district which is an area within the City within which an aerial plant is prohibited and subject to replacement by an equivalent underground plant pursuant to the provisions of this chapter. Each district shall be given a name and number by the resolution which establishes such district. (e) “Service connection” shall mean the physical link between the utility distribution system and the point on the user's premises at which the service is metered or connected to the facilities installed in or on such premises. (f) “Underground plant” shall mean any and all components of any permanent system existing or proposed to serve the same functions as an aerial plant, but located below the surface of the ground, including equipment located in subterranean vaults or, when specifically authorized for a specific district, equipment located on or in surface-mounted structures. (g) “Utility” shall mean any person, firm, or corporation subject to regulation by the Commission or any person, firm, or corporation holding any franchise to provide any form of conductor-borne electrical energy or signal. (h) “Working day” shall mean any calendar day except Saturday, Sunday, or any legal holiday. (§ 1, Ord. 1687, eff. June 20, 1968)

To assist in the implementation of the provisions of this chapter, a Municipal Utility Undergrounding Committee, headed by the City Engineer and composed of the City Building Official and a representative of each utility operating

within the City, is hereby established. The Committee shall be advisory to the Council in the location, extent, scope, and term of districts proposed pursuant to the provisions of this chapter and shall serve to coordinate the technical aspects of accomplishing the objectives of districts established. (§ 2, Ord. 1687, eff. June 20, 1968)

(a) Hearings: Notices. The Council may from time to time call public hearings to determine whether the public necessity, health, safety, or welfare requires the replacement of an existing aerial plant by an underground plant within designated areas of the City. The City Clerk shall notify all owners of property within such areas, as shown on the last equalized assessment roll, and all utilities concerned by mail, stating the purpose, time, and location of each hearing, not less than ten (10) days prior thereto. Public hearings may be continued from time to time, and all interested parties shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (b) Establishment. If, after any such public hearing, the Council finds that the public necessity, health, safety, or welfare requires the replacement of an existing aerial plant by an underground plant within a designated area, the Council shall, by resolution, declare the designated area to be an underground utility district, order the accomplishment of such replacement, and set a period of time therefor. (c) Establishment: Notices. Within ten (10) days after the establishment of a district by Council action, the City Clerk shall give notice thereof to all serving utilities and to all owners of real property within the district. Notice shall also be given to all occupants of properties within the district at the location of occupancy. Such notice shall include the name and number of the district, the description of the district boundaries, a copy of the establishing resolution, and a copy of the provisions of this chapter. The City Clerk shall mail, postage prepaid, such notice to the serving utilities at the address of the business office thereof; to owners at the addresses shown on the last equalized assessment roll; and to occupants at each street address shown to be in use by records of the building and water offices of the City. (§§ 3.1 through 3.3, Ord. 1687, eff. June 20, 1968)

Upon the establishment of a district pursuant to the provisions of this chapter, it shall thereafter be unlawful for any person or utility to construct, maintain, operate, or permit the continued existence of any permanent aerial plant within such district after the end of the established replacement period. (§ 4, Ord. 1687, eff. June 20, 1968)

For the purposes of this chapter, an aerial plant shall not include: (a) Primary electrical energy transmission facilities operated at nominal voltages in excess of 34,500 volts: (b) Street lighting and traffic control facilities exclusive of permanent power supply and control circuits which shall be underground; (c) Facilities necessary to the transmission or reception of radiated wireless communication media; (d) Electrical power or communication distribution circuits on the exterior, or between the exteriors, of structures on any parcel or contiguous parcels of land held by one owner or lessee as a unit when such circuits are determined not to be in conflict with the findings of public necessity, health, safety, or welfare relative to the district as a whole;

(e) Temporary facilities to supply electrical power or communication services during construction activities. When service is to continue after the completion of construction, permanent underground service connections shall be provided; (f) Temporary facilities to restore electrical power or communication services damaged or destroyed by any cause other than by willful damage or destruction caused by the user of such service; and (g) Any proposed or continued use of an aerial plant determined by the Council not to be in conflict with the findings of public necessity, health, safety, or welfare relative to the district as a whole. (§ 5, Ord. 1687, eff. June 20, 1968)

Each serving utility shall install such underground plant within each district as is determined by the utility to be necessary to its function in accordance with the rules, regulations, and tariffs on file with the Commission and/or in accordance with the provisions of its franchise. (§ 6, Ord. 1687, eff. June 20, 1968)

Each owner of property within each district being served or desiring to be served by any utility shall, at his expense, provide the underground service connection required by each serving utility, or that portion thereof required to be provided by the rules, regulations, and tariffs of such utility on file with the Commission and/or in accordance with the provisions of its franchise. The service connection shall be completed and ready for service in accordance with the construction schedule supplied by the City Engineer. Prior to the start of construction, the City Engineer shall mail, postage prepaid, to the owners and occupants, in the manner provided in § 7-5.03(c) of this chapter, a construction notice specifying the service connection work to be done and the date on or before which such service connection shall be completed and ready for use. Such notice shall also advise the addressee that, in the event any required service connection has not been completed to meet the construction program of the utility concerned, or the date stipulated in such notice, whichever is later, the City Engineer shall thereupon undertake to provide the required service connection by force account or by contract; provided, however, if there is no occupant and no utility service is being furnished, the City Engineer shall have the option to order the removal of any existing aerial service facilities without replacement thereof. Upon completion of the work by the City Engineer, he shall file a written report with the Council setting forth the facts that the required underground facilities have been provided and/or that the aerial facilities have been removed and the cost thereof, together with the legal description and Assessor's parcel number of each such parcel of property against which such cost is to be assessed. The Council shall then set a time and place, not less than ten (10) days thereafter, for hearing protests against such assessments and authorize the City Clerk to give notice thereof to each such owner and/or occupant in the manner provided in § 7-5.03(c) of this chapter. The notice shall include the name and address of the owner, a description of the work done and the cost thereof, and the time and place set for the hearing of protests. At the time and place set for such hearing, the Council shall hear and consider the protests and the report of the City Engineer and, upon the conclusion of such consideration, shall affirm, modify, or reject each proposed assessment. The Council shall then direct the City Clerk to give notice to the owner of each property so assessed in the manner provided in § 7-5.03(c) of this chapter, stating the amount of the affirmed assessment and that the same is to be paid within five (5) days after the receipt of such notice. Any such assessment remaining unpaid thereafter shall become a

lien against the property and shall be forwarded by the City Clerk to the Assessor to be included in the next regular property tax bill levied against the premises, such assessment to be due and payable with the tax. Any such assessment shall bear interest from one month after the affirmation thereof at the maximum legal rate then in effect. (§ 7, Ord. 1687, eff. June 20, 1968)

The City shall remove at its expense all City- owned equipment from all poles required to be removed within any district in accordance with the construction schedule for the district. Any day during which such City-owned equipment causes substantial hindrance to the progress of the work within any district shall not be counted as a project work day. (§ 8, Ord. 1687, eff. June 20, 1968)

When the progress toward the completion of any district is impeded by any circumstance beyond the control of the City, any utility, or any owner, then each and every day such delaying circumstance continues to exist shall not be counted as a project work day. Such nonchargeable days shall constitute an automatic extension of the project time period. Specific extensions of time may be requested for good cause submitted in writing to the Council by any agency, utility, or owner participating in any district. (§ 9, Ord. 1687, eff. June 20, 1968)

CHAPTER 6: UNDERGROUND UTILITY SERVICE CONNECTIONS

CHAPTER 6: UNDERGROUND UTILITY SERVICE CONNECTIONS

7-6.01 Purpose and intent 7-6.02 Requirements 7-6.03 Application 7-6.04 Exclusions 7-6.05 Exceptions