CHAPTER 3
UNDERGROUND UTILITY DISTRICTS

ARTICLE 3. REGULATION OF DISTRICT

SECTION:

§3820    Unlawful Acts

§3821    Exception, Emergency Or Unusual Acts

§3822    Other Exceptions

§3820 UNLAWFUL ACTS

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in §3811 hereof, 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 services as provided in §3832 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this ordinance. (Ord. 608, §1, adopted 1972)

§3821 EXCEPTION, EMERGENCY OR UNUSUAL ACTS

Notwithstanding the provisions of this ordinance, overhead facilities may be installed and maintained for a period not to exceed ten (10) days, without authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission, on such terms as the Director of Public Works 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. 608, §1, adopted 1972)

§3822 OTHER EXCEPTIONS

This ordinance and any resolution adopted pursuant to §3811 hereof shall, unless 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.    Antenna, associated equipment and supporting structures used by a utility for furnishing communication services.

G.    Equipment appurtenant to underground facilities, such as surface mounted transformers, transclosures, 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. 608, §1, adopted 1972)