Wasco Municipal Code Ch. 13.04 Underground Utility Districts

• For statutory provisions on conversion of utility facilities to underground locations, see Str. and Hwys. Code §5896.1 et seq. and Gov. Code §38733.

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. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

C. "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 electrical, communication or similar or associated service.

D. "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 the provisions of Section 13.04.030 of this chapter.

E. "Utility" includes all persons or entities supplying electrical, communication or similar or associated service by means of electrical materials or devices. (Ord. 141 §1, 1968).

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 under-ground installation of wires and facilities for supplying electrical, 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 fifteen days prior to the date thereof. 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. (Ord. 78 §1(B), 1978; Ord. 141 §2, 1968).

A. If after any public hearing the council finds that the public necessity, health, safety or welfare requires removal and underground installation within a designated area, the council shall initiate proceedings for a conversion, by either a petition or a determination by the council. In order to initiate these proceedings the council shall describe the proposed assessment district, as provided for in Section 5181 of the Streets and Highways Code of the state of California, request that the proceedings: for such conversion be taken pursuant to this section, generally describe the proposed conversion, and make a determination that the city or public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of user’s connections to underground electrical or communication facilities.

B. Upon meeting all of the requirements of said proceedings the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. The resolution should 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 such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for the removal and/or installation of such underground facilities as may be occasioned thereby. (Ord. 78-236 §1(A), 1978; Ord. 141 §3, 1968).

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures, as provided in Section 13.04.030, 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 the overhead facilities are required to be removed by such resolution, except as the 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 13.04.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter. (Ord. 141 §4, 1968).

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 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. (Ord. 141 §5, 1968).

This chapter and any resolution adopted pursuant to Section 13.04.030 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 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. (Ord. 141 §6, 1968).

A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.04.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said 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 desires to continue to receive electrical, communication, or 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.

B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section 13.04.030, together with a copy of the ordinance codified in this chapter, to affected property owners, as such are shown on the last equalized assessment roll, and to the affected utilities. (Ord. 141 §7, 1968).

If under-ground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.04.030, 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. 141 §8, 1968).

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 13.04.080, 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 the commission.

B. In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of subsection A above within the time provided for in the resolution enacted pursuant to Section 13.04.080, 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 said property. (Ord. 141 §9, 1968).

The city shall remove, at its expense, all city-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.04.030. (Ord. 141 §10, 1968).

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.04.030 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 such limitation. (Ord. 141 §11, 1968).

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Ord. 141 §12, 1968).