Redwood City Municipal Code § 11.43 Underground Utility Districts—hearing Concerning Establishment—open To…

The Council may create underground utility districts in any portion of the City pursuant to the provisions of this Article.

(Ord. No. 1219, § 1)

Proceedings to establish an underground utility district shall be initiated by resolution of the Council. Such resolution shall state that the purpose of such district shall be to require the removal of poles, overhead wires and associated overhead structures from any public streets, alleys or ways within the district, and require the underground installation of wires and facilities for supplying electric, communication, or similar or associated service.

The resolution shall also:

A. Describe the boundaries of the proposed district or districts.

B. Designate the proposed district by number.

C. State what utility facilities, if any, may be maintained above ground, including transformers, or similar facilities.

D. State the time and place for hearing of objections by persons interested in the formation of the district.

(Ord. No. 1219, § 1)

Notice of the time and place of the hearing shall be a) mailed to all property owners within the proposed district, as determined by the latest equalized County assessment roll, b) mailed to all utility companies known to have facilities that may be affected, and c) published at least once in the Redwood City Tribune.

Mailing and publication shall be at least ten (10) days prior to the date of the hearing. The failure of any person to receive notice deposited in the United States mail shall not invalidate the proceedings.

(Ord. No. 1219, § 1)

Each 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.

(Ord. No. 1219, § 1)

At the time of the hearing, or at any time before adopting an ordinance establishing an underground utility district, territory included within the original boundary description may be excluded from the District.

Additional territory shall not be included in the District except upon adoption of an amended resolution, continuation of the public hearing to the time stated in the amended resolution, and the giving of notice to the owners of property within the area proposed to be included.

(Ord. No. 1219, § 1)

If, after such public hearing, the Council finds and determines that the public necessity, health, safety or welfare requires the establishment of the underground utility district, it shall adopt an ordinance establishing the District.

The ordinance shall contain the following:

A. A description of the area comprising the district.

B. Numerical designation of the district.

C. The time within which poles and overhead wires and associated overhead structures shall be removed from all streets, alleys or ways.

D. The time within which all affected property owners must provide for service from underground facilities.

E. What facilities, if any, may be maintained above ground, including, but not limited to 1) transformers, 2) pedestal-mounted service terminals, 3) wires (exclusive of supporting structures) crossing any portion of the District when such wires originate and terminate in areas from which poles and overhead wires and associated overhead structures are not prohibited, or 4) other similar facilities.

The Council may, in the ordinance establishing a district, grant special exceptions 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 permit the erection, construction, installation, maintenance, use and operation of poles and overhead wires and associated overhead structures, notwithstanding any other provision of this Article.

(Ord. No. 1219, § 1)

The provisions of this Article shall not apply to police and fire alarm facilities, traffic-control facilities, street lighting facilities and other facilities owned by, or furnished under contract to, the City.

The provisions of this Article shall not apply to radio antennae, their associated equipment and supporting structures utilized for communication or broadcasting purposes.

(Ord. No. 1219, § 1)

Within thirty (30) days after adoption of an ordinance under Section 11.45, the City Clerk shall give notice of the adoption thereof to all utility companies and all property owners within the District as such are shown on the latest equalized County assessment roll. The notice shall be accompanied by a copy of the ordinance establishing the District. 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 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.

(Ord. No. 1219, § 1)

If underground construction is necessary to provide utility service within the area affected by any ordinance adopted pursuant to Section 11.45 hereof, the supply 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.

(Ord. No. 1219, § 1)

A. All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in Section 11.48 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 provisions of subsection A above, within the time specified in the ordinance adopted pursuant to Section 11.45, the City Engineer shall post written notice on the property being served and thirty (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 service to said property.

(Ord. No. 1219, § 1)

The City shall remove or cause the removal of its police and fire alarm circuits or any similar municipal equipment from all poles required to be removed by this Article during the time period established for the utility company to remove such poles.

(Ord. No. 1219, § 1)