Placerville Municipal Code Ch. 12 Underground Utility District

Whenever in this chapter, the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:

• CITY: The city of Placerville, a municipal corporation of the state of California.

• COMMISSION: The public utilities commission of the state of California.

• COUNCIL: The city council of city.

PERSON: Includes individuals, firms, corporations, partnerships, and their agents and employees.

POLES AND OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES: Poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground, upon, along, across, or over the streets, alleys and ways of city, and used or useful in supplying electric, communication, or similar or associated service.

UNDERGROUND UTILITY DISTRICT OR DISTRICT: An area in city within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of section 8-12-2 of this chapter.

UTILITY: Includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Ord. 947, 5-10-1966)

The council may, from time to time, call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys, or ways, within designated areas of city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings at least thirty (30) days prior to the date thereof. If, after any such public hearing, the council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the council shall, by ordinance, declare such area an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead wires and associated overhead structures shall be removed and within which affected property owner's must be ready to receive underground service. The council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 947, 5-10-1966)

Whenever the council by ordinance declares an area of city an underground utility district as provided in section 8-12-2 of this chapter, it shall be unlawful for any person or utility to maintain any pole, overhead wire or associated overhead structure on any public street, alley, or way within the district after the date when said overhead facilities are required to be removed. Any person or utility who shall erect, construct, place, keep, maintain, continue, employ, or operate any such pole or overhead wire or associated overhead structure on any public street, alley, or way within the district, or who shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in said ordinance, or who shall otherwise fail to comply with the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00). Each consecutive fifteen (15) day period during which the failure to comply with the provisions hereof shall continue shall constitute a separate offense. (Ord. 947, 5-10-1966)

The council may, in any ordinance enacted pursuant to section 8-12-2 of this chapter, grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person, or utility, to erect, construct, install, maintain, use or operate, poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter. (Ord. 947, 5-10-1966)

This chapter shall not apply to the following types of facilities: (Ord. 947, 5-10-1966)

(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, when 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 thirty four thousand (34,000) 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) Antennas, 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.

(H) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 1053, 2-12-1974)

Within ten (10) days after passage of an ordinance pursuant to section 8-12-2 of this chapter, the clerk shall notify all affected utilities and all persons owning real property within the district described in said ordinance of the adoption thereof. Said clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electrical, communication or other similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the requirements of state laws and city ordinances.

Notification shall be made by mailing a copy of said ordinance, together with a copy of this chapter, to the affected utilities and to affected property owners as such are shown on the last equalized tax roll of the city. (Ord. 947, 5-10-1966)

If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to section 8-12-2 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission, and shall be completed within the time for removal of overhead facilities specified in the ordinance enacted pursuant to section 8-12-2 of this chapter. (Ord. 947, 5-10-1966)

(A) All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in section 8-12-7 of this chapter and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing, or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the lawful requirements of state laws and city ordinances.

(B) In the event the person owning, operating, leasing or renting said property does not comply with the provision of subsection (A) of this section within the time provided for in the ordinance enacted pursuant to section 8-12-2 of this chapter, the city engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(C) Noncompliance by any person owning, operating, leasing or renting said property with the provisions of this section shall constitute a misdemeanor under section 8-12-3 of this chapter. Until such time as an order is issued pursuant to subsection (B) of this section, the supplying utility shall not be in violation of this chapter or the ordinance enacted pursuant to section 8-12-2 of this chapter in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same. (Ord. 947, 5-10-1966)

The city shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the ordinance enacted pursuant to section 8-12-2 of this chapter. (Ord. 947, 5-10-1966)

In the event that any act required by this chapter or by an ordinance adopted pursuant to section 8-12-2 of this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, 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. 947, 5-10-1966)

(A) General Areas:

1. That portion of Main Street in the city of Placerville between Sacramento Street and Cedar Ravine is hereby declared an underground utility district. (Ord. 950, 7-26-1966)

2. That portion of the city of Placerville designated on the map attached to ordinance 1026 as exhibit A and by reference made a part hereof, is hereby declared an underground utility district. (Ord. 1026, 6-12-1973, eff. 7-12-1973; amd. Ord. 1053, 2-12-1974)

3. That portion of the city of Placerville designated on the map attached to ordinance 1027 as exhibit A and by reference made a part hereof, is hereby declared an underground utility district. (Ord. 1027, 6-12-1973, eff. 7-12-1973; amd. Ord. 1053, 2-12-1974)

4. That portion of the city of Placerville designated on the map attached to ordinance 1104 as exhibit A and by reference made a part hereof, is hereby declared an underground utility district. (Ord. 1104, 2-22-1977)

5. That portion of the city of Placerville designated on the map attached to ordinance 1149 as exhibit A and by reference made a part hereof, is hereby declared an underground utility district. (Ord. 1149, 3-14-1978)

6. That portion of the city of Placerville designated on the map attached to ordinance 1377 as exhibit A and by reference made a part hereof, is hereby declared an underground utility district. (Ord. 1377, 8-27-1985)

(B) Utility District Number 7:

1. That portion of the city of Placerville along Main Street and Forni Road from Spring Street westerly approximately three thousand five hundred feet (3,500') to the city limits as designated on the map attached to ordinance 1589 as exhibit A, entitled underground utility district number 7, and by reference made a part hereof and hereafter as district number 7, is hereby declared an underground utility district.

2. All of the poles, overhead wires and associated overhead structures shall be removed and the underground installation of wires and facilities within the district shall be installed by March 1, 2004.

3. The utility that undertakes underground installation of its facilities on private property shall use the underground conversion allocation computed pursuant to decisions of the public utilities commission of the state of California for the purpose of providing to each premises in district number 7 a maximum of one hundred feet (100') of individual joint utility service trenching and conductor, as well as backfill, paving and conduit, if required. All costs for individual utility service trenching and conductor, as well as backfill, paving and conduit exceeding one hundred feet (100') shall be borne by the property owner. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California public utilities commission or as required by its franchise agreement with the city. Since the undergrounding of utilities is in the city portion of the U.S. Highway 50 operational improvement project, the city of Placerville will provide an electrical contractor to install the conduit and termination box located on, under or within any structure on the premises served within district number 7. The city will assist in the funding of the conversion of the electrical service panel to accept underground service, up to the amount of one thousand five hundred dollars ($1,500.00) per property providing that the property owner participation in completing their conversion work is at the same time the utility companies are doing their work, otherwise the contribution is forfeited. All additional costs shall be borne by the property owner. The underground conversion allocation participation on private property is limited to those properties upon which a residence, commercial establishment or other structure that currently receive electrical power exists as of the adoption of the ordinance codified herein.

The city of Placerville building department will issue a building permit and provide the required inspection without cost to the property owner. Each property owner in district number 7 shall be responsible for the maintenance of the installed conduit, termination box, and service panel.

4. Any person or utility who shall erect, construct, place, keep, maintain, continue, employ, or operate any such pole or overhead wire or associated overhead structure on any public street, alley or way, within district number 7, or who shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within district number 7 shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00). Each consecutive fifteen (15) day period during which the failure to comply with the provisions hereof occurs, shall constitute a separate offense.

5. This subsection shall not apply to the following types of facilities:

(a) Wire (exclusive of supporting structures) crossing any portion of district number 7 from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;

(b) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixtures 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;

(c) Radio antennas, their associated equipment and supporting structures, used by a utility for furnishing communication services;

(d) Service terminals in pedestals aboveground, used to distribute electric or communication service in underground systems.

6. Within ten (10) days after the adoption of the ordinance codified herein, the city clerk of the city of Placerville shall notify all affected utilities and all persons owning real property within the underground utility district herein described of the adoption of the ordinance codified herein. The city clerk shall further notify said property owners of the necessity that if they, or any person occupying such property, desire to continue to receive electrical, communication or other similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the public utilities commission of the state of California, and to the requirements of state laws and city ordinances.

Notification shall be made by mailing a copy of the ordinance codified herein, together with a copy of this chapter to the affected utilities and to affected property owners as shown on the last equalized tax roll of the county of El Dorado.

7. The obligations pertaining to underground construction, the obligations of the property owners, and the obligations of the city of Placerville, are set forth in sections 8-12-7, 8-12-8, and 8-12-9, respectively, of this chapter.

8. All new buildings in district number 7 shall after the adoption of the ordinance codified herein have the wiring placed underground to the nearest existing utility pole. (Ord. 1589, 10-8-2002)