Chapter 6. Utility Undergrounding

Article 1. Underground Utility Districts

Sec. 10-6.101 Definitions.

Whenever in this Article 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) “Underground Utility District” or “District” means an area in the City within which poles, overhead wires, and associated overhead structures are prohibited by resolution adopted pursuant to the provisions of Section 10-6.103 of this Article.

(c) “Person” means and includes individuals, firms, corporations, partnerships, public agencies and their agents and employees.

(d) “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 above-ground and used or useful in supplying electric, communication, cable TV, or similar or associated service.

(e) “Utility” means and includes all persons or entities supplying electric, communication, cable TV, or similar or associated service by means of electrical materials or devices.

Sec. 10-6.102 Public Hearing.

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, cable TV, 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 ten (10) 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.

Sec. 10-6.103 Establishment of Underground Utility District.

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. 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. 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.

Sec. 10-6.104 Unlawful Acts.

Whenever the Council establishes an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 10-6.103 of this Article, 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, 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 Section 10-6.109 of this Article, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Article.

Sec. 10-6.105 Exceptions—Emergency or Unusual Circumstances.

Notwithstanding any other provisions of this Article, overhead facilities may be installed and maintained in order to provide emergency service for a period not to exceed ten (10) days, without action or approval by the Council. The Council may, in any resolution enacted pursuant to Section 10-6.103 of this Article, 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, provided, however, that financial consideration shall not be the sole determining factor in granting such special permission pursuant to this Section.

Sec. 10-6.106 Other Exceptions.

This Article and any resolution adopted pursuant to Section 10-6.103 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 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) 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.

Sec. 10-6.107 Notification of Property Owners and Utilities.

Within ten (10) days after the effective date of a resolution adopted pursuant to Section 10-6.103 of this Article, 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. Said 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, cable TV, 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 and to the requirements of State laws and City ordinances.

Notification by the City Clerk shall be made by mailing a copy of said resolution, together with a copy of the provisions of this Article, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

Sec. 10-6.108 Responsibility of Utility Companies.

If underground construction is necessary to provide utility service within a District established by any resolution adopted pursuant to Section 10-6.103 of this Article, 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the Commission and shall be completed within the time for the removal of the overhead facilities specified in the resolution establishing the District.

Sec. 10-6.109 Responsibility of Property Owners.

(a) All underground construction, conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing, occupying or renting such property, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission and to the lawful requirements of State laws and City ordinances.

(b) In the event the person owning, operating, leasing, occupying or renting such property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution enacted pursuant to Section 10-6.103 of this Article, the City Engineer shall give notice in writing to the owner thereof, to provide the required underground facilities within ten (10) days after receipt of such notice.

(c) Noncompliance with the provisions of this Section by any person owning, operating, leasing, occupying or renting such property shall constitute a misdemeanor.

Sec. 10-6.110 Service of Notice.

The notice pursuant to subsection (b)of Section 10-6.103 of this Article to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, 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, and the notice must be addressed to the owner thereof as such owner’s name appears, and must be addressed to such owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Hercules. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises.

Sec. 10-6.111 Contents of Notice.

The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within ten (10) days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

Sec. 10-6.112 Performance of Work by City; Assessment.

If, upon the expiration of the ten (10) day period specified in Section 10-6.111 of this Article, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric, communications, or cable TV services are being furnished thereto, the City Engineer may, in lieu of providing the required underground facilities, order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided 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 work upon such premises, which said time shall not be less than ten (10) days thereafter.

Sec. 10-6.113 Notice of Assessment.

The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

Sec. 10-6.114 Hearing; Action by Council.

Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to confirm, modify or reject the assessment.

Sec. 10-6.115 Assessment as Lien.

If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the County Auditor and Assessor, acting for the City, a notice of lien on each of such properties on which the assessment has not been paid, and said Auditor and Assessor shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and, if not paid when due and payable, shall bear interest at the rate of six per cent (6%) per annum.

Sec. 10-6.116 Extension of Time.

In the event that any act required by this Article or by a resolution adopted pursuant to Section 10-6.103 of this Article 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.

Article 2. Undergrounding, General

Sec. 10-6.201 Undergrounding Required.

All utility distribution facilities (including but not limited to electric, communication and cable TV lines), including utility service laterals and equipment, installed in and for the purpose of supplying service to any building or property shall be placed underground, except as follows:

(a) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and risers from concealed ducts.

(b) Poles supporting street lights.

Sec. 10-6.202 Underground Districts.

The provisions of this Article shall not be interpreted to amend or supersede any o the provisions of Article 1 of Chapter 6, Title 10.