San Marcos Municipal Code Ch. 14.24 Underground Utility Facilities

As used in this Chapter, the following terms shall have the meanings ascribed to them in this section:

(a)

Commission shall mean the Public Utilities Commission of the State.

(b)

Poles, Overhead Wires, and Associated Overhead Structures shall mean poles, tower, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located above ground within a district and used or useful in supplying electric, communication, or similar or associated service.

(c)

Underground Utility District or District shall mean that area in the City within which Poles, Overhead Wires, and Associated Overhead Structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Chapter.

(d)

Utility shall mean all persons supplying electric, communication, or similar or associated service by means of electrical materials or devices.

(Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

The City Council may from time to time call public hearings to ascertain whether the public health, safety, or welfare requires the removal of Poles, Overhead Wires, and Associated Overhead Structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. 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. The decision of the City Council shall be final and conclusive.

(b)

If, after any public hearing held pursuant to subsection (a), the City Council finds that the public health, safety, or welfare requires the removal of Poles, Overhead Wires, and Associated Structures and such an underground installation within a designated area, the City Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. The resolution shall include a description of the area comprising the District and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for the removal and the underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. Immediately following the adoption of the resolution, the City Clerk shall cause a certified copy of such resolution to be recorded in the office of the County Recorder.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Whenever the City Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead Structures therein as provided in this chapter, it shall be unlawful for any Person or Utility to erect, construct, place, keep, maintain, continue, employ or operate Poles, Overhead Wires and Associated Overhead Structures in the District after the date when the overhead facilities are required to be removed by the resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of the underground work necessary for such owner or occupant to continue to receive Utility service as provided in this chapter, and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter.

(Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 20 days, without authority of the City Council in order to provide emergency service. The City Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any Person or Utility, to erect, construct, install, maintain, use, or operate Poles, Overhead Wires, and Associated Overhead Structures.

(b)

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

(1)

Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director;

(2)

Poles or electroliers used exclusively for street lighting;

(3)

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;

(4)

Poles, Overhead Wires and Associated Overhead Structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

(5)

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;

(6)

Antennas, associated equipment, and supporting Structures used by a Utility for furnishing communication services;

(7)

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;

(8)

Temporary Poles, Overhead Wires, and Associated Overhead Structures used or to be used in conjunction with construction projects.

(Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

Within ten days after the effective date of a resolution adopted pursuant to this Chapter requiring the underground installation of utilities facilities, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by the 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, communication, or similar or associated service, they or such occupant shall provide all necessary Facility changes on their premises so as to receive such services 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.

(b)

Notification by the City Clerk, as required by subsection (a), shall be made by mailing a copy of the resolution adopted pursuant to this Chapter, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. No. 2022-1521, § 2, 9-13-2022)

If underground construction is necessary to provide Utility service within a District created by any resolution adopted pursuant to 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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

to Act; Assessment of Costs.

(a)

Each Person owning, operating, leasing, occupying or renting a Building or Structure within a District created pursuant to this Chapter shall perform construction and provide that portion of the service connection on their property between the facilities required by this chapter to be furnished by the Utility company and the termination Facility on or within the Building or Structure being served, all in accordance with applicable rules, regulations, and tariffs of the respective Utility or Utilities on file with Commission.

(b)

In the event any Person owning, operating, leasing, occupying, or renting said property does not comply with the provisions of subsection (a) of this section within the time provided therefor in the resolution enacted pursuant to this chapter establishing a District, the Director shall proceed pursuant to either of the following alternatives:

(1)

Alternative One: The City Engineer shall post written notice on the property being served, shall give notice in writing to the Person in possession of such premises and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt and posting of the notice. Thirty days after the posting and giving of notice as provided in this paragraph, 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 the property.

(2)

Alternative Two:

a.

The City Engineer shall give notice in writing to the Person in possession of the premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of the notice.

b.

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the Person in possession of the premises at the premises and the notice shall be addressed to the owner thereof as such owner's name and last known address appear on the last equalized assessment roll and, when no address appears, to "General Delivery, City of San Marcos." If notice is given by mail, the notice shall be deemed to have been received by the Person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of the premises, the City Engineer shall within 48 hours after the mailing of the notice, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.

c.

The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if the work is not completed within 30 days after receipt of the notice, the City Engineer shall provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien on the property.

d.

If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying Utility service to the property. Upon completion of the work, the City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.

e.

The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the Person in possession of such premises, and a notice in writing to the owner thereof, in the manner provided in this section for the giving of the notice to provide the required underground facilities, of the time and place that the City Council will pass upon the report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment.

f.

Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if any, and then proceed to affirm, modify, or reject the assessment.

g.

If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer shall turn over to the Assessor and the Tax Collector a notice of lien on each of the properties on which the assessment has not been paid. The Assessor and the Tax Collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment has not been paid. The assessment shall be due and payable at the same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the legal rate.

(Ord. No. 2022-1521, § 2, 9-13-2022)

The City shall remove at its own expense all City-owned equipment from all Poles required to be removed hereunder in sufficient time to enable the owner or user of the Poles to remove them within the time specified in the resolution adopted pursuant to this Chapter.

(Ord. No. 2022-1521, § 2, 9-13-2022)

In the event that any act required by this Chapter or by a resolution adopted pursuant to this Chapter cannot be performed within the time provided on account of a shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the Person upon whom a duty is placed by this chapter to act, the time within such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. No. 2022-1521, § 2, 9-13-2022)