Chapter 5.68 — UNDERGROUND FACILITIES USE

A.

"Conduit," as used in this chapter, means any cable duct, lateral or metal placed underground or below the average level of the ground used or intended to be used for wires, electrical conductors or appliances.

B.

"Conduit," when used in this chapter, means only the conduits now owned or hereafter acquired by the city constructed under any state or municipal improvement act whereby the cost and expenses of the conduits are borne by the real property benefitted by the construction of the conduits, all conduits placed in streets by private parties without a license, franchise or easement from the city, and all conduits in place in real property dedicated to the city for street purposes.

C.

"General manager," as used in this chapter, means the general manager of the municipal light and power department of the city.

D.

"Manhole," as used in this chapter, means a vault or chamber, with a removable cover, below the surface of the street or the average level of the ground, into which conduits terminate and used for the purpose of terminating or splicing wires, electrical conductors or appliances.

E.

"Occupant," as used in this chapter, means any person, firm or corporation licensed under this chapter to occupy space in any conduit or conduits.

(Ord. 2689 §§ 1—5, 1928)

All conduits shall be under the exclusive control and management of the general manager.

(Ord. 2689 § 6, 1928)

The general manager is vested with power and authority to license any person, firm or corporation to occupy space in any conduit or conduits by wires, electrical conductors and appliances when the conduits are not in use by the city in its governmental or proprietary capacity for a period not exceeding 1 year at the following rate or rental:

One cent per duct foot per year in advance.

(Ord. 2689 § 7 (part), 1928)

The municipal light and power department of the city shall have preference and priority in the use and occupancy of space in any conduit or conduits, and the needs and requirements of the municipal light and power department shall first be satisfied before any license is issued to any person, firm or corporation for the occupancy of space in any conduit or conduits as hereinabove provided.

(Ord. 2689 § 7 (part), 1928)

A.

Space occupied in the conduit by wires, electrical conductors and appliances of the city used by the city in its proprietary capacity shall be paid for at the same rate as provided in Section 5.68.030. Payment for such use shall be made by the transfer from the appropriate fund or funds of the municipal light and power department to the general fund as hereinafter provided. Such transfer need not be made in advance but may be made at any time prior to the close of the fiscal year or portion thereof for which such space is used.

B.

No payment shall be made for any space in conduits occupied by wires, electrical conductors and appliances owned and used by the city for the purpose of lighting the streets or for the service for which the conduits were constructed under state or municipal improvement acts or by the city in its governmental capacity.

(Ord. 2689 § 8, 1928)

All funds collected by the city from the licensing of conduits as herein provided shall be paid into the general fund of the city and a record kept thereof by the controller of accounts.

(Ord. 2689 § 9, 1928)

The general manager shall operate and maintain the conduits at all times, keeping the same in good repair. All work of repair and maintenance shall be performed by the employees of the city performing service for the municipal light and power department. Any amount expended by the municipal light and power department in the repair of the conduits shall be paid for by the proper transfer from the general fund to the fund of the municipal light and power department.

(Ord. 2689 § 10, 1928)

Every person, firm or corporation desiring to secure space in the conduits shall make written application to the general manager upon a form furnished by the general manager, stating the use for which space is desired, the quantity of space desired, the location of the conduits in which space is desired stating the terminals thereof, and the date on which it is desired to install wires, electrical conductors or appliances. Each applicant must submit with his application plans and specifications showing the proposed location of the wires on racks in the manholes. The general manager may require additional information, to that hereinbefore specified, to be contained in the written application required to be made herein. At the time of filing the written application 10 percent of the amount of rental as provided in Section 5.68.030 which the applicant will be required to pay under this chapter shall be deposited with the general manager. If the application is denied the deposit will be refunded.

(Ord. 2689 § 11, 1928)

If in the opinion of the general manager there is space in conduits available for use by private persons, firms or corporations as applied for in any written application, and that the application, plans and specifications are in accordance with the rules and regulations herein set forth and that the use will not injure or damage the conduits or any wires, electrical conductors or appliances already in place in the conduits, he shall grant a written license to the applicant upon payment of the balance of the rental the applicant is required to pay under Section 5.68.030. The license shall state the terms and conditions under which space in the conduits may be used, shall fix the time of installing the wires, electrical conductors and appliances and shall grant to applicant the right to use any manhole of any conduit in which applicant is licensed to occupy space for the installing of any wires, electrical conductors and appliances or for the inspection and adjustment of same.

(Ord. 2689 § 12, 1928)

Any license granted by the general manager as herein provided may be revoked for violation of any of the provisions of this chapter or any of the rules and regulations hereinafter adopted, or for violation of any of the terms of a license granted under this chapter.

(Ord. 2689 § 13, 1928)

The provisions of this chapter so far as practicable shall govern in case of any space already occupied in the conduits by any person, firm or corporation with his or its wires, electrical conductors and appliances but in no event shall Ordinances No. 1155 and No. 1444 of the city apply after the termination of the fiscal year for which space has been let in conduits as provided in said ordinances.

(Ord. 2689 § 14, 1928)

All the power and authority granted to the electrical board in Ordinances No. 1155 and No. 1444 is hereby revoked, and any power and authority granted to the electrical board in said ordinances is vested in the general manager.

(Ord. 2689 § 15, 1928)

Any person, firm or corporation desiring to renew its license for space occupied in the conduits shall make written application therefor upon a form furnished by the general manager 15 days before the termination of the term of the license under which the applicant now occupies space in conduits, for the use and occupation of space in the conduits, at which time the rental charge provided by this chapter shall be paid.

(Ord. 2689 § 16, 1928)

Any person aggrieved by a decision of the issuing authority may appeal the decision in accordance with the appeal procedures set forth in Chapter 5.28 of this code, as most recently amended. For purposes of this chapter the general manager shall be the issuing authority.

(Ord. 5522 § 3, 1981: Ord. 2689 § 17, 1928)

Any person, firm or corporation deciding to do any work in any manhole of any of the conduits which shall require more than 1 hour's time shall first, before entering upon the work, give 5 days' written notice to the general manager of the character and kind of work to be performed therein.

(Ord. 2689 § 18, 1928)

The above section shall not be construed to apply to authorized employees or agents of the city engaged in the management, repair or upkeep of the conduits or appurtenances thereto, nor shall it apply to any person, firm or corporation occupying space in the conduits or to its employees thereof while engaged in the repair of such conduits, wires, electrical conductors and appliances therein, in cases of emergency where it is impracticable to first give written notice as provided in Section 5.68.150.

(Ord. 2689 § 19, 1928)

On or before the 1st day of August of each year the general manager shall make and file with the legislative body of the city a written report showing all the receipts and expenditures for the preceding year on account of conduits under the control, management and direction of the general manager.

(Ord. 2689 § 20, 1928)

The general manager shall keep a record of all conduits in which space is available for use by private persons, firms or corporations as herein provided, which shall be at all times open to the public. He shall also keep a record of the conduits in use by private persons, firms or corporations as well as by the municipal light and power department. The record shall state the location of conduits in the street, depth below the surface, location and size of manholes, the number of ducts in each conduit, the character of the use of the conduits and the term of any license granted for the occupation of space in any conduit or conduits.

(Ord. 2689 § 21, 1928)

The occupant must use ordinary care for the preservation of the conduits and their appurtenances in safe and good condition, and must make all repairs, or indemnify the city for loss or damage occasioned by his or its lack of such ordinary care in the use thereof.

(Ord. 2689 § 22, 1928)

All rights or privileges granted by any license issued by the general manager as herein provided shall be exercised and enjoyed subject to all the police power regulations of the city now or hereafter adopted, and any license issued by the general manager as herein provided shall so provide.

(Ord. 2689 § 23, 1928)

Nothing herein contained and no fact or inference arising herefrom, nor contained in or arising from any action of the general manager or from anything done hereunder, shall grant or confer any franchise from the city to any person, firm or corporation to use any street or portion thereof in which conduits have been constructed for the use or maintenance of wires, cables, electrical conductors or appliances. No person, firm or corporation shall have the right or privilege, or shall be allowed to occupy with his or its wires, electrical conductors or appliances, space in any conduit without he or it having a subsisting and valid franchise from competent authority for the use of the street in which, or for the services of property in which, such conduit is constructed, for the construction, maintenance and operation of its poles, wires, electrical conductors or appliances.

(Ord. 2689 § 24, 1928)

The following rules and regulations are hereby adopted as the rules and regulations governing the use, occupation and repair of conduits, manholes, appurtenances, cables, electrical appliances and conductors, except as otherwise in this chapter specifically provided, and any person, firm or corporation accepting a license for the occupation of space in any conduit or conduits as provided in this chapter shall be deemed to have agreed to comply with the same:

RULES AND REGULATIONS

The occupant of space in conduits shall repair his or its wires, electrical conductors and appliances when ordered to do so by the general manager whenever the condition of any cable is found by the general manager to be not satisfactory or unsafe for the purpose for which intended. In every instance a time limit shall be set within which the repairs must be satisfactorily made, otherwise the use of the wire, electrical conductors or appliances will be ordered discontinued.

While the employees of any occupant are at work in any manhole they shall not touch or disturb any wire, electrical conductors or appliances, except those upon which notice has been given to the general manager under Section 5.68.150 for the doing of the work described in the written notice. Employees of any occupant shall not touch or disturb any wire, electrical conductor or appliance of any other occupant in said manhole or conduit until the person, firm or corporation owning same has been notified.

All wires shall be properly tagged with the name of the owner, the number of amperes, the character of current and the potential at which it is operated.

All open wires, switches or connections placed in manholes by occupants of space in conduits shall be properly covered and protected so as to prevent injury or damage to persons or property.

Should, for any reason, a dead end of wire be left in a manhole, it shall not be left with the bare end of conductor exposed, but with lead covered cables of all classes, the sheath shall be hermetically sealed at the end, either by soldered joint, or in a proper terminal.

The location of wires on racks in manholes shall be in accordance with the plans and specifications of occupants of space in conduits filed with his or its application for license to use the conduits.

All wires, for whatever service intended, shall be fitted with the proper protective devices where they connect to overhead lines or leave the conduits.

For continuous service, wires or electrical conductors should be selected with a carrying capacity not greater than 1,500 amperes per square inch of rubber insulation. In special instances these figures are subject to change without notice by reason of any improved form of insulation which may in the future be adopted.

The lead sheath of all wires and cables must be grounded in each section.

Conductors for which these conduits are constructed will be considered as being divided into 5 classes as follows:

Class I. Conductors carrying a very low potential such as for telephone, telegraph and for similar signaling purposes;

Class II. Conductors carrying a current up to 220 volts, including the commercial 110 volt 3-wire system of distributing mains;

Class III. Conductors operating under a potential of between 220 and 2300 volts;

Class IV. Conductors operating under a potential between 2300 volts and 6600 volts;

Class V. Conductors operating under a greater potential than 6600 volts.

The insulation for all wires, electrical conductors and appliances placed in conduits or manholes by any occupant of space in any conduit shall be suitable for the voltage at which they are to be operated.

No wire or electrical conductor shall be placed in any conduit except the same being insulated by an outer lead covering.

Any occupant desiring to make a connection with any conduit or break into same for any purpose between manholes shall first deposit with the city the sum of $50.00. Any occupant making such connection with or breaking into a conduit or doing any work upon same shall perform same in a workmanlike manner. Any excavation made in a public street or alley by any occupant shall be in accordance with law at the time of making said excavation. Upon the discontinuance of the use of the conduit or connection by such occupant he or it shall restore same to its former state as near as possible, and when the work of restoration has been approved by the general manager his deposit as hereinabove provided will be refunded. Any damage or loss suffered by the city by reason of such connection with a conduit or the breaking into same shall be borne by the occupant, and the deposit or any portion thereof made by occupant as hereinabove provided may be declared forfeited by the general manager for the recoupment of any damage or loss suffered by the city.

Occupants shall not throw, deposit or place in or upon any manhole in any street or alley in the city any fluid material or substance which will create a nuisance therein.

Before allowing any of his or its employees to enter a manhole, the occupant shall first make sure that there is no danger due to the presence of gas in such manhole. Provisions must be made for a sufficient number of hand or power blowers when needed for removing gas or to keep up the circulation of air while men are in the manhole. While the work is in progress, should there be danger of driving gas into other manholes in which work is not being done, the manholes shall be opened and protected as below provided, if considered necessary by the general manager.

All manholes opened by the occupant shall be protected by a guard at least 36 inches high surrounding the opening.

Smoking by employees of the occupant while in or about the manhole openings, is prohibited.

No light requiring a flame shall be placed or put in manholes except at the occupant's own risk and any damage or loss of whatsoever kind or character which may result from the putting or placing of such a light in a manhole shall be borne by the occupant. Spelters used for wiping joints of the lead covers of wires or electrical conductors when red hot shall not be lowered into manholes except at the occupant's own risk, and any damage or loss of whatsoever kind or character which may result therefrom shall be borne by the occupant.

(Ord. 2689 § 26, 1928)

Any person violating any of the provisions of this chapter or any of the rules or regulations adopted herein, either as officer, principal, agent or employee, is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed $500 or by imprisonment in the city jail for a period not to exceed 6 months, or by both such fine and imprisonment. Any corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $500.

(Ord. 2689 § 25, 1928)