Chapter 13.06 UNDERGROUND UTILITIES

The purpose and object of this chapter is to accomplish the foregoing, and its provisions shall be liberally construed so as to give full effect to the accomplishment of such purpose and object. [Ord. 12-004.]

13.06.020 Definitions.

“Distribution service” means and includes the supplying through utility distribution facilities of electric, communication and similar services.

“Modified underground system” means an electric or communications distribution system consisting of metal poles supporting high voltage wires, pad-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, switches, transformers and street lights, with all other facilities and wires for the supplying distribution service being placed underground.

“Person” as used herein shall include any public utility as defined in Cal. Pub. Util. Code § 216 and any natural person, joint venture, joint stock company, partnership, association, club, company, corporation or business trust, or the manager, lessee, agent, servant, officer, or employee of any such joint venture, joint stock company, partnership, association, club, company, corporation or business trust.

“Utility distribution facilities” means and includes all poles, wires, or other overhead structures used in supplying distribution service to properties adjacent to City roads or streets; provided, however, that the term “utility distribution facilities” as used in this chapter shall not include metal poles used exclusively for street lighting, traffic signals, pedestals for police and fire system communications and alarm boxes, pad-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, or facilities used to carry voltages higher than thirty-five thousand (35,000) volts. [Ord. 12-004.]

Article II. Procedures for Establishment

13.06.200 Council authority.

Whenever the Council finds and determines that the public safety and general welfare require the establishment of an underground utility distribution facilities district in order to accomplish the objects and purposes of this chapter the Council may, by ordinance, create and establish such districts. Before enacting an ordinance establishing such a district, the Council shall comply with the provisions of this chapter. [Ord. 12-004.]

13.06.210 Report to Council – City Engineer.

The Council shall, prior to the adoption of a resolution of intention to establish an underground utility distribution facilities district, order the City Engineer to make and file with the Council a report on the proposed project. [Ord. 12-004.]

13.06.220 Resolution of intention.

After the report is considered by the Council, it may pass a resolution of intention to establish the underground utility distribution facilities district. The resolution of intention to establish such district shall:

A. Contain a statement of the intention to form the underground utility distribution facilities district;

B. Contain a designation of such district by a distinctive number;

C. Contain a description and map delineating public streets and properties or portions thereof, from which such utility distribution facilities must be removed and underground installation made;

D. Fix the date by which property owners shall be ready to receive underground distribution service and the date by which poles must be removed, which dates of completion may be postponed for a reasonable time for good and sufficient cause. A reasonable time shall be allowed for removal and underground installation, having due regard for the availability of necessary labor, materials and equipment for removal and installation of such underground facilities as may be occasioned thereby;

E. Fix the time and place for a public hearing thereon, at which hearing protests and objections from all interested persons shall be heard and considered;

F. Direct the City Clerk to give notice of such hearing in the manner described in DMC 13.06.230. [Ord. 12-004.]

13.06.230 Notice of resolution.

After adoption of the resolution of intention to establish such district, notice thereof shall be published once a week for two (2) successive weeks in a newspaper published and circulated in the County, and by posting notices in conspicuous places along the street or streets within the proposed underground district at not more than three hundred (300) feet apart. In no case shall there be fewer than three (3) notices stating the fact and date of the adoption of the resolution of intention and the date, time, and place fixed for the hearing of protests and objections. The publication and posting shall be at least ten (10) days before the date set for such hearing. The City Clerk shall also mail a copy of such resolution of intention to each utility whose facilities are affected by such resolution. [Ord. 12-004.]

13.06.240 Filing of objections.

Any interested person who objects to the establishment of the proposed district or to the boundaries thereof may file a protest or objection in writing with the City Clerk prior to the hearing and may present oral protests and objections at the hearing. [Ord. 12-004.]

13.06.250 Hearing – Final decision – Jurisdiction to proceed.

The Council shall hear, consider, and pass upon the protests and objections at the time appointed therefor, or at any time to which the hearing thereof may be adjourned, and may modify or correct the boundaries of the proposed district so long as the boundaries are not expanded such that additional notice would be required pursuant to DMC 13.06.230. In that event, the Council shall undertake the procedures described in DMC 13.06.220, so that all interested parties will be on notice of the proposed district. If the protests and objections are denied, or if no protests and objections are filed, the Council may, by ordinance, establish the proposed district. The Council shall acquire jurisdiction to proceed upon the date such ordinance becomes effective. [Ord. 12-004.]

13.06.260 Undergrounding required for new developments.

In addition to those areas established as underground utility districts pursuant to DMC 13.06.250, utilities shall be placed underground in all new subdivisions and planned unit developments except that undergrounding districts shall not be required where the street frontage is less than six hundred (600) feet, unless requested by the developer or property owner(s). [Ord. 12-004.]

Article III. Underground Facility Regulations

13.06.300 Relocation of distribution facilities.

Whenever any underground district shall have been created by the Council in accordance with the provisions of Article II of this chapter, all utility distribution facilities which supply distribution service to properties in said district which are located adjacent to City roads or streets shall be placed underground in accordance with the ordinance establishing the underground district, except as such overhead facilities may be required to furnish distribution service to the owner or occupant of property prior to performance by such owner or occupant or City Engineer of underground work provided for in DMC 13.06.310, and except as otherwise provided in this chapter. [Ord. 12-004.]

13.06.310 Responsibility of property owner.

All underground construction and conduits, conductors and associated equipment necessary to receive distribution service between the service facilities referred to in DMC 13.06.320 and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing, or renting such property, subject to applicable rules, regulations, and tariffs of the respective utilities on file with the State Public Utilities Commission. If the above is not accomplished by any person within the time provided for in the ordinance adopted pursuant to Article II of this chapter and the notice provided for by DMC 13.06.330, the City Engineer shall give notice in writing pursuant to DMC 13.06.340 and 13.06.350 to the person in possession of such premises, and a notice in writing to the owner thereof, to provide the required underground facilities within ten (10) days after receipt of such notice. [Ord. 12-004.]

13.06.320 Responsibility of utility companies.

If, within the right-of-way, underground construction is necessary to provide distribution service within the area designated as an underground district by any ordinance adopted pursuant to Article II of 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 State Public Utilities Commission. Construction by the utility companies of the facilities required to be put underground by any ordinance enacted pursuant to Article II of this chapter shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the State Public Utilities Commission. [Ord. 12-004.]

13.06.330 Notice to utility companies and property owners.

Within ten (10) days after passage of an ordinance pursuant to Article II of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within the area designated by such ordinance of the adoption thereof. The Clerk shall further notify such affected property owners that, under the ordinance adopted pursuant to Article II of this chapter, they shall provide all necessary facility changes on their premises necessary to receive distribution service at least thirty (30) days before the time set therein for completion of the undergrounding by utilities or as soon as service from the facilities undergrounded by the supplying utility or utilities is available, subject to applicable rules, regulations, and tariffs of the respective utility or utilities on file with the State Public Utilities Commission. Such written notice shall be approved as to form and content by the City Engineer and shall be made by said City Clerk. A copy of the ordinance adopted pursuant to Article II of this chapter shall be sent to affected utilities and to affected property owners in the manner set forth in DMC 13.06.350. [Ord. 12-004.]

13.06.340 Notice – Facility changes – Generally.

Upon the expiration of the period specified in the notice provided for in DMC 13.06.330, the City Clerk shall certify to the City Engineer the name and address of each person to whom such written notice has been given who has not completed all work required by DMC 13.06.310. Upon receipt of such list of names, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to make such facility changes within ten (10) days after receipt of such notice. [Ord. 12-004.]

13.06.350 Notice – Facility changes – Service.

Except as otherwise provided herein, the notice provided for in DMC 13.06.330 may be given either by personal service or by mail. In case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises. If the person in possession is not the owner, notice must also be addressed to the owner thereof at the owner’s last known address, as such information appears on the last equalized assessment rolls of the County of Solano. Such notice or notices shall be by registered or certified mail. If notice cannot be given by personal service or by mail, the City Engineer shall cause a copy of said notice, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the premises. [Ord. 12-004.]

13.06.360 Notice – Facility changes – Contents.

The notice given by the City Engineer provided for in DMC 13.06.340 shall specify what work is required to be done, and shall state that if said work is not commenced and completed within ten (10) days after receipt of such notice, the City Engineer will make such connection, in which case the cost and expense of said connection shall be assessed against the property and become a lien upon such property. [Ord. 12-004.]

Article IV. Enforcement

13.06.400 Facility changes by City Engineer.

If, upon the expiration of the ten (10) day period provided for in DMC 13.06.340, the facility changes have not been made, the City Engineer shall forthwith proceed to make such facility changes. Upon completion of such facility changes by the City Engineer, he or she shall file a written report with the Council setting forth the fact that the facility changes have been completed and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such facility changes upon such premises which shall not be less than ten (10) days thereafter. [Ord. 12-004.]

13.06.410 Notice of hearing on report and assessment of cost.

The City Engineer shall forthwith, upon the time and place for hearing protests having been fixed pursuant to DMC 13.06.400, give a notice in writing to the person in possession of the premises and to the owner thereof, in the manner provided in DMC 13.06.350, indicating the hour and place that the Council will pass upon such report and will hear protests against said assessment and of the amount of said assessment. [Ord. 12-004.]

13.06.420 Hearing on report and assessment of cost.

Upon the day and hour set for the hearing of public protests, the Council shall hear and consider the report and all protests, if any, and then proceed to, by resolution, affirm, modify, or reject the assessment. [Ord. 12-004.]

13.06.430 Assessment of costs – Lien – Notice.

If an assessment is not paid within ten (10) days after its confirmation by the Council, the amount of the assessment shall become a lien on the property against which the assessment is made, by the City Engineer filing in the office of the County Recorder of the County of Solano a notice of the lien in substantially the following form:

Notice of Lien

Pursuant to the authority vested in me by __________ I did, on the _____ day of __________ 20__ cause distribution service conduits and conductors to be connected with an underground junction box or splicing chamber, pursuant to Title ___ Chapter _____ of the Dixon Municipal Code, for the purpose of supplying distribution service to the real property hereinafter described, and the City Council did, on the _____ day of __________ 20__ by its Resolution No. _____ assess the cost thereof upon the real property hereinafter described, and the same has not been paid, nor any part thereof. The City of Dixon does hereby claim a lien upon said real property in the sum of $_____ and the same shall be a lien upon said real property until the said sum, with interest thereon at the rate of _____ per annum from the date of assessment of said amount against said property, has been paid in full and discharged from the record.

The real property hereinbefore mentioned, and upon which a lien is hereby claimed, is that certain parcel of land in the City of Dixon, County of Solano, State of California, particularly described as follows:

(Description of Property)

Dated this _____ day of __________ 20__

_____________________________

City Engineer

[Ord. 12-004.]

13.06.440 Interest on assessment.

From and after the date of recordation of the notice of the lien as provided in DMC 13.06.430, the amount of the assessment shall be a lien on the property described therein, and it shall bear interest at a lawful rate per annum until paid in full. Such lien shall continue until the amount of such assessment and all interest thereon shall have been paid. The statute of limitations shall not run against the right of the City to enforce the payment of said lien and accrued interest. From and after the date of the recordation of such notice of lien, all persons shall be deemed to have had notice of the contents thereof. [Ord. 12-004.]

13.06.450 Foreclosure of lien.

If the amount of the lien is not paid within thirty (30) days after the date of recordation thereof, the Council may instruct the City Attorney to bring an action in the name of the City to foreclose the lien. [Ord. 12-004.]

Article V. Exceptions and Variances

13.06.500 Exceptions – Facilities.

This chapter shall 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, fire alarm boxes or other municipal equipment installed under the supervision of and to the satisfaction of the Director of Public Works.

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 (34,500) volts.

E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location of the building to another location on the same building or to an adjacent building without crossing any public street.

F. Antennas, 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.

I. Existing overhead distribution lines serving individual single-family construction or remodeling.

J. Wires attached to the exterior walls of a building for the purpose of interconnecting communication facilities within the building. [Ord. 12-004.]

13.06.510 Variances.

The City Engineer may, in his discretion, grant special permission in cases of emergency or unusual circumstances without discrimination to any person to depart from the provisions of this chapter in erecting, constructing, installing, maintaining, using or operating utility distribution facilities or modified underground systems notwithstanding any other provisions of this chapter relating to underground districts; provided, however, that any person may appeal a ruling of the City Engineer to the Council within ten (10) days of the date of such ruling. [Ord. 12-004.]