Chapter 7.12 UNDERGROUND UTILITY DISTRICTS

A. That as areas of the city become more thickly urbanized, the demand for utility distribution facilities supplying electric, communication, and similar services increases to the point that the public welfare requires the removal of poles and overhead wires and associated overhead structures and the underground installation of wires and facilities;

B. That it is in the best interest of the residents and persons using the street, highways, and in such areas to require the undergrounding of existing utility distribution facilities at the time of and coincidental with major street improvements occurring in such areas because of less disruption of traffic, and for the better preservation, maintenance, and protection of the public street, highways, curbs, gutters, and sidewalks;

C. That it is declared to be in the public interest and in the interest of members of the public using such public streets and highways, because of economies which may accrue both to property owners in the vicinity and to the city in the construction, maintenance, and repair of such public facilities, and in the reduction of hazards, delays, and increases in the safety of persons using same, and residing adjacent thereto and services by such utility distribution systems, to provide for the undergrounding of such utility distribution systems at the same time and coincidental with major street improvements occurring in such areas;

D. That in order to accomplish such purposes, it is necessary to provide for the creation of special undergrounding districts within which the person supplying such utility services and the users of same shall cooperate to accomplish the undergrounding of such utility service systems and the undergrounding of connection thereto by the users of such service, in accordance with the rules and regulations on file with the California Public Utilities Commission. (Ord. 41-87 § 1)

7.12.020 Purpose.

The purposes and object of this chapter are to accomplish the foregoing results, and the provisions thereof shall be liberally construed so as to give full effect to the accomplishment of such purpose and object. (Ord. 41-87 § 2)

7.12.030 Definitions.

“Council” means the City Council of the city of Dublin.

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

“Modified underground system” means an electric or communications distribution system consisting of metal poles supporting high voltage wires, padmounted 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 Section 216 of the Public Utilities Code and any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or employee of any of them.

“Utility distribution facilities” means and includes all poles, wires, or other overhead structure used in the supplying of 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. 41-87 § 3)

7.12.040 Exceptions.

This chapter shall not apply to the following types of facilities:

A. Overhead wires, exclusive of supporting structures, crossing any portion of an area from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;

B. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture or fixtures and extending from one location on the same building or to an adjacent building without crossing any public street;

C. Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services. (Ord. 41-87 § 24)

Article II. Procedures for Establishment

7.12.050 Council authority.

Whenever the Council finds and determines that the public safety and general welfare requires the establishment of an underground utility distribution facilities district in order to accomplish the objects and purposes of this chapter, such Council may, by Ordinance, create and establish such districts, from time to time. Before enacting an ordinance establishing such a district, the Council shall comply with the provisions of this chapter. (Ord. 41-87 § 4)

7.12.060 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. 41-87 § 5)

7.12.070 Resolution of intention.

After the report is considered by it, the Council 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 description and map delineating public streets and affected properties, or portion thereof, from which such utility distribution facilities must be removed and underground installation made, and a designation of such district by a distinctive number;

C. 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 such removal and underground installation having due regard for availability of necessary labor, materials and equipment for such removal and installation of such underground facilities as may be occasioned thereby;

D. 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;

E. Direct the City Clerk to give notice of such hearing in the manner designated in this chapter. (Ord. 41-87 § 6)

7.12.080 Notice of resolution.

After adoption of the Resolution of Intention to establish such district, notice thereof shall be published once a week for two 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 feet apart, but not less than three notices in all 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 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. 41-87 § 7)

7.12.090 Filing of objections.

Any person interested who objects to the establishment of such proposed district or to the extent of the boundaries thereof may file a protest or objection in writing with the City Clerk prior to the hearing or may present oral protests and objections at the hearing. (Ord. 41-87 § 8)

7.12.100 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. If such 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. 41-87 § 9)

Article III. Underground Facility Regulations

7.12.110 Relocation of distribution facilities.

Whenever any underground district shall have been created by the Council in accordance with the provisions of Article II, all utility distribution facilities in and for the purpose of supplying distribution service to properties 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 Building Official of underground work necessary for such owner or occupant to continue to receive distribution service as provided in the following section and for such reasonable time as is required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 41-87 § 10)

7.12.120 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 Section 7.12.130 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 hereof and the notice provided for by Section 7.12.140, the Building Official shall give notice in writing pursuant to Sections 7.12.150 and 7.12.160, 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. 41-87 § 11)

7.12.130 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 hereof, 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 hereof 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. 41-87 § 12)

7.12.140 Notice to utility companies and property owners.

Within ten (10) days after passage of an ordinance pursuant to Article II hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the area designated in such ordinance, of the adoption thereof. The Clerk shall further notify such affected property owners of the necessity that under the ordinance adopted pursuant to Article II hereof, 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 Building Official and shall be made by said City Clerk. A copy of the ordinance adopted pursuant to Article II shall be sent to affected utilities and to affected property owners in the manner set forth in Section 7.12.160. (Ord. 41-87 § 13)

7.12.150 Notice—Facility changes—Generally.

Upon the expiration of the period specified in the notice provided for in Section 7.12.140, the City Clerk shall certify to the Building Official the name and address of each person to whom such written notice has been given who has not completed all work required by Section 7.12.120. Upon receipt of such list of names, the Building Official 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. 41-87 § 14)

7.12.160 Notice—Facility changes—Service.

Except as otherwise provided herein, the notice provided for in Section 7.12.140 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, a notice must also be addressed to the owner thereof, as such owner’s name appears, and must be addressed to such owner’s last known address as it appears on the last equalized assessment rolls of the county of Alameda. Such notice or notices shall be by registered or certified mail. If notice cannot be given by personal service or by mail, the Building Official shall cause a copy thereof printed on a card not less than eight inches by ten inches (8′′ × 10′′) in size to be posted in a conspicuous place on the premises. (Ord. 41-87 § 15)

7.12.170 Notice—Facility changes—Contents.

The notice given by the Building Official provided for the Section 7.12.150 shall particularly 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 Building Official will make such connection, in which case the cost and expense of said connection will be assessed against the property benefited and become a lien upon such property. (Ord. 41-87 § 16)

Article IV. Enforcement

7.12.180 Facility changes by Building Official.

If, upon the expiration of the ten (10) day period provided for in Section 7.12.150, the facility changes have not been made, the Building Official shall forthwith proceed to make such facility changes. Upon completion of such facility changes by the Building Official, he 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 said time shall not be less than ten (10) days thereafter. (Ord. 41-87 § 17)

7.12.190 Notice of hearing on report and assessment of cost.

The Building Official shall forthwith, upon the time and place for hearing protests having been fixed pursuant to Section 7.12.180, give a notice in writing to the person in possession of the premises, and a notice in writing to the owner thereof, in the manner provided in Section 7.12.160 of the hour and place that the Council will pass upon such report and will hear protests against such assessments and of the amount of the proposed assessment. (Ord. 41-87 § 18)

7.12.200 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. 41-87 § 19)

7.12.210 Assessment of costs—Lien—Notice.

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

Notice of Lien

Pursuant to the authority vested in me by ______ I did, on the _____ day of ________ 19___ cause distribution service conduits and conductors to be connected with an underground junction box or splicing chamber, pursuant to Title ___ Chapter ___ of the Dublin Municipal Code, for the purpose of supplying distribution service to the real property hereinafter described, and the City Council did, on the ___ day of _____ 19__ by its Resolution No. assess the cost thereof upon the real property hereinafter described, and the same has not been paid, not any part thereof, and the City of Dublin 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 of record.

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

(Description of Property)

Dated this ____ day of ______ 19 ___

________________
Building Official

(Ord. 41-87 § 20)

7.12.220 Interest on assessment.

From and after the date of recordation of the notice of the lien as provided in Section 7.12.210, 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. 41-87 § 21)

7.12.230 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. 41-87 § 22)

Article V. Variances

7.12.240 Variances.

The Building Official may, in his discretion, grant special permission in cases of emergency of 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 Building Official to the Council within ten (10) days of the date of such ruling. (Ord. 41-87 § 23)