CHAPTER 10.20
UNDERGROUND UTILITIES
SECTION:
10.20.020: Public Hearing By Council
10.20.030: District Designations
10.20.040: Overhead Wires And Structures
10.20.050: Certain Facilities Excepted
10.20.060: Notice To Property Owners And Utility Companies
10.20.070: Responsibilities Designated
10.20.010 DEFINITIONS:
Whenever in this chapter the words or phrases in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
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CITY: |
The city of Gonzales. |
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COMMISSION: |
The public utilities commission of the state of California. |
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COMMUNICATION SERVICE: |
The transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger call, clock, police, fire alarm and traffic control circuits and circuits for the transmission of standard television or radio signals. |
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COUNCIL: |
The city council of the city of Gonzales. |
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ELECTRIC SERVICE: |
The distribution of electricity for heat, light or power. |
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PERSON: |
Means and includes individuals, firms, corporations, partnerships, and their agents and employees. |
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POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES: |
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. |
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UNDERGROUND UTILITY DISTRICT OR DISTRICT: |
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 10.20.030 of this chapter. |
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UTILITY: |
Includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (1972 Code § 13.16.010) |
10.20.020 PUBLIC HEARING BY COUNCIL:
A. City Authority: The city 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.
B. Notice To Affected Persons: 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 ten (10) days prior to the date thereof.
C. Conduct Of Hearing; Final Decision: 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. (1972 Code § 13.16.020)
10.20.030 DISTRICT DESIGNATIONS:
A. Council Resolution:
1. If, after any such public hearing, the city 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.
2. Such 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.
B. Time Limit: 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 installation of such underground facilities as may be occasioned thereby. (1972 Code § 13.16.030)
10.20.040 OVERHEAD WIRES AND STRUCTURES:
A. Unlawful Acts: Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 10.20.030 of this chapter, it shall be 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 said overhead facilities are required to be removed by such resolution, except as said 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 subsection 10.20.070B of this chapter, and for such reasonable time required to remove said facilities after said work has been performed and except as otherwise provided in this chapter. (1972 Code § 13.16.040)
B. Exception; Emergency Or Unusual Circumstances: Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) 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. (1972 Code § 13.16.050)
10.20.050 CERTAIN FACILITIES EXCEPTED:
This chapter and any resolution adopted pursuant to section 10.20.030 of this chapter 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 (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 location on 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 service;
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. (1972 Code § 13.16.060)
10.20.060 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES:
Within ten (10) days after the effective date of a resolution adopted pursuant to section 10.20.030 of this chapter, 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 desire to continue to receive electric, 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 on the respective utility or utilities on file with the commission. (1972 Code § 13.16.070)
10.20.070 RESPONSIBILITIES DESIGNATED:
A. Utility Companies: If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 10.20.030 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 commission. (1972 Code § 13.16.080)
B. Property Owners:
1. 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 subsection A of this section and the termination facility on or within said 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.
2. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection B1 of this section within the time provided for in the resolution enacted pursuant to section 10.20.030 of this chapter, the city engineer shall post written notice on the property being served and thirty (30) 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. (1972 Code § 13.16.090)
C. City: 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 such poles to remove the same within the time specified in the resolution enacted pursuant to section 10.20.030 of this chapter. (1972 Code § 13.16.100)
10.20.080 TIME EXTENSION:
In the event that any act required by this chapter or by resolution adopted pursuant to section 10.20.030 of this chapter 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. (1972 Code § 13.16.110)