Soledad Municipal Code Ch. 13.44 Procedures for Undergrounding of Utilities

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

A. "Commission" means the Public Utilities Commission of the state of California.

B. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

C. "Underground utility district" or "district" means 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 Section 13.44.070.

D. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Prior code § 25-1)

Proceedings for a conversion of existing overhead electric and communication facilities to underground locations shall be initiated by either a petition or by a determination of the city council.

A. In order to initiate proceedings, a petition shall:

1. Describe the proposed assessment district, as provided in Section 5181 of the Streets and Highways Code of the state;

2. Generally describe the proposed conversion; and

3. Request that proceedings for such conversion be taken pursuant to the provisions of Division 7, Part 3, Chapter 28 (commencing with Section 5896.1) of the Streets and Highways Code.

B. In order to initiate proceedings, the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users' connections to underground electric or communication facilities.

(Added during 1986 codification)

A petition for proceedings for conversion shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one-half of the area of all assessable lands within the proposed assessment district.

(Added during 1986 codification)

A petition for conversion shall be filed with the city clerk, who shall thereupon check the petition, or cause the same to be checked. If the petition is signed by the requisite number of qualified signers, the clerk shall execute a certificate of sufficiency and present said petition and certificate to the city council.

(Added during 1986 codification)

Upon the presentation of a petition for conversion and a certificate of sufficiency, or upon a determination pursuant to subsection B of Section 13.44.020, the city council may adopt a resolution declaring its intention to order the conversion.

(Added during 1986 codification)

The council may from time to time call public hearings to ascertain whether the public necessity, 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 the hearings at least fifteen days prior to the date of the hearings. 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 an opportunity to be heard. The decision of the council shall be final and conclusive.

(Amended during 1986 codification; prior code § 25-2)

If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the 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 such 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 underground installation, having due regard for the availability of labor, materials and equipment necessary for the removal and for the installation of such underground facilities as may be occasioned thereby.

(Prior code § 25-3)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.44.070, it is 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 such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.44.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(Prior code § 25-4)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the council in order to provide emergency service. The council may grant special permission, on such terms as the council deems 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.

(Prior code § 25-5)

This chapter and any resolution adopted pursuant to Section 13.44.070 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

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 five hundred 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. Antennae, 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.

(Prior code § 25-6)

A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.44.070, the city clerk shall notify all affected utilities and all persons owning real property within the district created by such 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 the 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.

B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.44.070, 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.

(Prior code § 25-7)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.44.070, 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.

(Prior code § 25-8)

A. Subject to applicable rules, regulations, tariffs or ordinances, all electric or communication facilities, including connections to the owner's premises, located upon any lot or parcel of land within the assessment district shall be contructed, reconstructed, relocated or converted by the owner of the lot or parcel at his own expense. The work may be done by the contractor performing the conversion work, and the cost of the work shall be included in the assessment to be levied upon the lot or parcel, provided that the owner shall execute a written request therefor and file the request with the city clerk. Any such request shall expressly authorize the contractor, the public utility, the city, and their respective officers, agents and employees, to enter upon the lot or parcel for that purpose, and shall waive any right of protest or objection in respect of the doing of the work and the inclusion of the cost of the work in the assessment. The provisions of this chapter do not diminish any right of any owner of a lot or parcel of land to contract any portion of work on his premises.

B. In the event the owner of any such lot or parcel of land does not comply with the provisions of subdsection A of this section within the time provided for in the resolution enacted pursuant to Section 13.44.070, the city engineer shall post written notice on the property being served and thirty 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 the property.

(Amended during 1986 codification; prior code § 25-9)

The city shall remove at its own expense all city owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of the poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.44.070.

(Prior code § 25-10)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.44.070 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 will be accomplished shall be extended for a period equivalent to the time of the limitation.

(Prior code § 25-11)

Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of a misdemeanor.

(Amended during 1986 codification; prior code § 25-12)