Santa Clara Municipal Code Art. II Underground Utility Districts Created on or after March 1, 1969

All underground utility districts established on or after March 1, 1969, may be established pursuant to the procedures contained in this Article II, which procedures are alternative to any other procedure from time to time available under the law. Nothing herein shall be deemed to supersede or control the provisions of SCCC Titles 17 or 18, under which the installation of underground utility facilities is required without the creation of an underground utility district, nor is anything herein to be construed so as to preclude the City from establishing any such districts under any special assessment procedures, or otherwise.

(Ord. 1242 § 1, 5-11-1971; Ord. 1243 § 1, 7-20-1971; Formerly § 30A-16)

For the purposes of this article, certain words are defined as herein set forth, unless it is apparent from their context that a different meaning is intended.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-17)

As used in this article, "Commission" shall mean the Public Utilities Commission of the State of California.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-18)

As used in this article, "person" shall mean and include any person, firm, partnership, association, corporation, organization or business trust and their agents and employees.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-19)

As used in this article, "pole" means and includes any pole, tower, support, guy-stub, crossarm, brace, insulator, attachment, platform or any other structure, device or apparatus used for the support of wires.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-20)

As used in this article, "property" means any parcel of real property, including buildings, and/or other structures thereon.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-21)

As used in this article, "utility" means all persons or entities supplying the public with electric, communication, or similar or associated service by means of electrical materials or devices.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-22)

As used in this article, "wire" means and includes any wire, transformer, cable, conductor, cutout, switch, communication circuit, appliance or any other device or apparatus, by, through, over or by means of which electricity has been or may be transmitted, conducted, conveyed, distributed or supplied for the purpose of providing light, heat, power, telephone, television, communication and telegraph or other similar or associated service.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-23)

The City Council may, from time to time, consult with the affected utilities and call public hearings to ascertain whether the public necessity, health, safety or welfare require and it is in the general public interest for one or more of the reasons contained in SCCC § 12.40.310 that existing poles and overhead wires within designated areas of the City be removed therefrom and thereafter prohibited and that wires and associated facilities for transmitting, conducting, conveying, distributing or supplying electricity to provide light, heat, power, telephone, telegraph, communication, television or other similar or associated service be installed underground.

Written notice of the time and place of any such hearing shall be given, at least ten days prior to the date of the hearing, to all persons who own any property within the proposed underground utility district as shown on the last equalized assessment roll and all utilities who own, control or possess poles or overhead wires within the proposed underground utility district. Each such notice shall be given by the City Manager by depositing the same in the United States mail, postage prepaid, in an envelope addressed to the owner at his/her address as shown on the last equalized assessment roll or if no address is shown, addressed to the owner at the address of the property. Each such 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 a reasonable opportunity to be heard.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-24)

If, after any such public hearing, the City Council finds and determines that the public necessity, health, safety or welfare require and it is in the general public interest for one or more of the following reasons that existing poles and overhead wires within a designated area of the City be removed therefrom and be thereafter prohibited and that wires and associated facilities for transmitting, conducting, conveying, distributing or supplying electricity for the purpose of providing light, heat, power, telephone, telegraph, communication, television or other similar or associated service be installed underground:

(a) Such removal and replacement underground will eliminate, and such prohibition will avoid, an unusually heavy concentration of poles and overhead wires within said area;

(b) The public streets or rights-of-way within said area are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; and

(c) The public streets or rights-of-way within said area adjoin or pass through a civic area or public recreation area or an area of unusual scenic interest to the general public;

the City Council shall, by resolution, declare such designated area an underground utility district and order and require such removal, prohibition and underground installation therein. Such resolution shall contain a description of the area so designated, shall fix the time within which such removal shall be completed and within which underground installation shall be completed, and within which persons owning any property within the district as shown on the last equalized assessment roll must be ready to receive light, heat, power, telephone, telegraph, communication, television or other similar or associated service by means of underground wires and facilities. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal, and for the underground installation of wires or facilities as may be occasioned thereby.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-25)

It shall be unlawful, after the adoption of a resolution establishing an underground district, for any person or utility to keep, maintain, continue, use, operate, or employ within such district any poles or overhead wires after the time specified in the resolution for removal of poles and overhead wires in such district, or to authorize or permit such action.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-26)

It shall be unlawful, after the adoption of a resolution establishing an underground district, for any person or utility to erect, install, extend or construct any poles or overhead wires within such district, or to authorize or permit such action.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-27)

Each person who owns or occupies any property in such district wherein are situated any poles or overhead wires shall remove all existing overhead wires and poles on such property, except those possessed, controlled or owned by any utility, within the time provided for in the resolution creating the said district.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-28)

Each person who owns or occupies any property in such district wherein are situated any poles or overhead wires shall provide, construct and install all electrical, communication and other facility changes, and all other facilities or changes, on his/her property necessary to receive service from the underground wires and facilities required to be provided by the supplying utility or utilities as soon as such service is available, and shall provide, construct and install that portion of the service connection on his/her property between the wires and facilities required to be furnished by the affected utility and termination facility on or within the property being served within the time provided for in the resolution creating the said district, all in accordance with applicable rules, regulations and tariffs of the supplying utility or utilities.

(Ord. 1242 § 1, 5-11-1971; Ord. 1243 § 1, 7-20-1971; Formerly § 30A-29)

In the event that any person owning or occupying any property in such district wherein are situated any poles or overhead wires does not wish to comply with the provisions of SCCC § 12.40.350, he shall forthwith request and permit the affected utility to disconnect electrical and communication service to his/her property. The affected utility shall thereupon disconnect such service.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-30)

Each utility who owns, possesses or controls any existing poles or overhead wires in such district shall remove such poles and overhead wires from the district on or before the time specified in the resolution creating such district. In the event underground construction is needed to provide service to the properties within the district, each utility which supplies electric, communication or similar or associated service by wires and poles to the properties within the district shall furnish and install that portion of the underground wires and associated equipment and facilities to provide such service to such properties required to be furnished by it under its applicable rules, regulations, and tariffs within the time provided for in the resolution creating the said district.

(Ord. 1242 § 1, 5-11-1971; Ord. 1243 § 1, 7-20-1971; Formerly § 30A-31)

City shall remove, at its own expense, all City-owned equipment from all poles required to be removed by this article in sufficient time in order to enable the person or utility required to remove such poles to accomplish such removal within the time specified in the resolution creating the underground utility district within which such poles are located.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-32)

In the event that the owner or occupant of any property in an underground district wherein are situated any poles and overhead wires shall fail to remove such poles and wires pursuant to SCCC § 12.40.340 and/or shall fail to comply with SCCC § 12.40.350, the City Manager shall notify the affected utilities of such noncompliance, in which event the affected utilities shall have the right to, and shall thereupon disconnect electrical and communication service to such property.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-33)

After the adoption of a resolution designating any area in the City as an underground utility district, the City Manager shall give, on behalf of the City, to all affected utilities owning, possessing or controlling any poles or overhead wires in the district written notice of the creation of the underground utility district and of their responsibilities and obligations under this article. Such notice shall be given within twenty (20) days after the adoption of said resolution. Each said notice shall be given by depositing the same in the United States mail, postage prepaid, in an envelope addressed to the utility.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-34)

After the adoption of a resolution by the City Council designating any area in the City as an underground utility district, the City Manager shall give, on behalf of the City, to each person who owns or occupies any property in such district, wherein are situated any poles or overhead wires, written notice of the creation of such district and of his/her obligations and responsibilities under SCCC § 12.40.340, § 12.40.350, and § 12.40.360. Said notice shall also indicate that unless each such person timely discharges such responsibilities and obligations that his/her service will be disconnected and that the property owned or occupied by such person may be assessed for certain costs pursuant to SCCC § 12.40.420. Each said notice shall be given within twenty (20) days after the effective date of said resolution by depositing the same in the United States mail, postage prepaid, in an envelope addressed to "occupant (supply address of property)," to the address of such property and by depositing additional notices to each owner of such property to his/her last known address as the same appears on the last equalized assessment roll of the County, or as known to the City Manager, or if none appears on said roll and is unknown to the City Manager to the address of the property.

(Ord. 1242 § 1, 5-11-1971; Ord. 1243 § 1, 7-20-1971; Formerly § 30A-35)

In the event that any person who owns or occupies any property within the district does not comply with the provisions of SCCC § 12.40.340 and/or § 12.40.350 within the time provided for in the resolution creating the district, the City Council may, in the event it wishes, order the City Manager to give an additional notice to each such person guilty of such noncompliance.

Such notice may be given either by personal service or by mail. Service by mail shall be effected by depositing same in a sealed envelope, postage prepaid, addressed to "occupant of (supply address of property)," to the address of such property and by depositing additional notices to each owner of such property to his/her last known address as the same appears on the last equalized assessment roll of County or as known to the City Manager or if none appears on such roll and is unknown to the City Manager to the address of the property. Service by mail in the manner herein provided shall be effective on the date of mailing.

Such notice shall adequately describe what work must be done and what facilities and equipment must be provided and installed for such person to comply with SCCC § 12.40.340 and § 12.40.350 and shall state that if such work is not done and such facilities and equipment not provided and installed within a specified period of time, not to be less than ten days, after the mailing of such notice, the City of Santa Clara will perform such work and provide and install such facilities and equipment, in which event the cost and expense thereof will be assessed against the property on which such work is performed and for which such facilities and equipment were provided and installed and become a lien upon such property.

Upon completion of such work and providing and installing of such facilities and equipment, the City Manager shall file a written report with the City Council setting forth the fact that such work has been completed and such facilities and equipment provided and installed and the cost thereof together with a legal description of the property against which such cost is to be assessed. The Council, upon receipt of such report, shall fix a time and place for hearing protests against the assessment of the cost of performing such work and the providing and installing of such facilities and equipment, which said time shall not be less than ten days after the setting of such hearing.

The City Manager shall forthwith, after the time for hearing such protests has been fixed, give a notice in writing to the occupant of such property and to the owner thereof in the manner hereinabove provided for the giving of notice to perform such work and provide and install said equipment and facilities, of the time and place that the Council will consider the report and will hear protests against such assessment. Such notice shall be given at least ten days before the day set for the hearing of protests. Such notice shall also set forth the amount of the proposed assessment.

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

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 and the City Manager shall turn over to the County assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid. Said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the property upon which said assessment was not paid and the amount shall be collected together with all other taxes against the property. Said assessment shall be due and payable at the same time as property taxes are due and payable. The amount of the lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest and to the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levying, collection and enforcement of City taxes and County taxes are hereby made applicable to such special assessment taxes.

(Ord. 1242 § 1, 5-11-1971; Ord. 1243 § 1, 7-20-1971; Formerly § 30A-36)

Poles owned by City and used for City-owned equipment, consisting of street lights, fire alarm boxes, traffic signals, remote control signal antenna, or other similar type equipment and the wires within or on said poles shall be exempt from the provisions of this article.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-37)

Antennas, associated equipment and supporting structures used by the utility for furnishing communications services shall be exempt from the provisions of this article.

(Ord. 1243 § 2, 7-20-1971; Formerly § 30A-37.1)

Poles, overhead wires, and associated overhead facilities used for the transmission of electric energy with potential difference of more than fifty thousand (50,000) volts or any overhead circuit with a current carrying capacity of four hundred (400) amperes or more at twelve thousand (12,000) volts line to line or direct current facilities used for mass transit conveyances shall be exempt from the provisions of this article.

(Ord. 1242 § 1, 5-11-1971; Ord. 1530 § 1, 8-27-1985; Formerly § 30A-38)

Community television and radio antennas, any other television and radio antennas and supports, guys, lead-in wires, insulators and other associated structural supports for such antenna located on individual private premises, shall be exempt from the provisions of this article. This does not exempt CATV systems, or any portion thereof.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-39)

Notwithstanding any of the provisions of this article, existing poles and overhead wires may be installed and maintained for a period not to exceed ten days without approval of the City Council to provide emergency service.

Notwithstanding any of the provisions of this article, in cases of emergency or where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this article, the City Council may in any resolution designating and creating an underground utility district permit exceptions or variances to the provisions of this article under such conditions as it deems proper.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-40)

Surface mounted transformers and switches, pedestal mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used for the purpose of providing service within the underground utility district and are used in connection with the underground wires and associated underground facilities within said district.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-41)

In any resolution designating and declaring an underground utility district, the City Council may, whenever it finds and determines that the public convenience and necessity so requires, provide that certain existing poles and/or overhead wires within such underground utility district shall be exempt from the provisions of this article.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-42)

In the event that any act required by this article or by resolution creating an underground utility district pursuant to this article cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act must be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-43)

The Council of the City of Santa Clara hereby declares that it would have passed and does hereby pass this article phrase by phrase, sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this article are severable and if for any reason any phrase, sentence, paragraph or section of this article shall be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.

(Ord. 1242 § 1, 5-11-1971; Formerly § 30A-45)