Chapter 5
UNDERGROUND UTILITIES
Sections:
7-5.02 Public hearing by Council.
7-5.03 Council may designate underground utility districts by resolution.
7-5.05 Exception: Emergency or unusual circumstances.
7-5.07 Notices to property owners and utility companies.
7-5.08 Responsibility of utility companies.
7-5.09 Responsibility of property owners.
7-5.10 Responsibility of City.
7-5.01 Definitions.
Whenever in this Chapter 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” shall mean the Public Utilities Commission of the State.
(b) “Underground utility district” or “district” shall mean 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 7-5.03 of this Chapter.
(c) “Person” shall mean and include individuals, firms, corporations, and partnerships, and their agents and employees.
(d) “Poles, overhead wires, and associated overhead structures” shall mean 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.
(e) “Utility” shall include all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.02 Public hearing by Council.
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, 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.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.03 Council may designate underground utility districts by resolution.
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 shall 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.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.04 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 Section 7-5.03 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 such overhead facilities are required to be removed by such resolution, except as such 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 7-5.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.05 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 City Manager in order to provide emergency service. The City Manager may grant special permission, on such terms as the City Manager 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.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.06 Other exceptions.
The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 7-5.03 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 Director of Public Works;
(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, where 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; and
(h) Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.07 Notices to property owners and utility companies.
Within ten (10) days after the effective date of a resolution adopted pursuant to Section 7-5.03 of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such 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 the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 7-5.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.08 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 7-5.03 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.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.09 Responsibility of property owners.
(a) Every person owning, operating, leasing, occupying, or renting a building or structures within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 7-5.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
(b) In the event any 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 7-5.03 of this chapter, the Director of Public Works 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 such property.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.10 Responsibility of 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 7-5.03 of this chapter.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.11 Extension of time.
In the event any act required by this chapter or by a resolution adopted pursuant to Section 7-5.03 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 shall be accomplished shall be extended for a period equivalent to the time of such limitation.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.12 Penalty.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person and shall be punishable therefor as provided for in this chapter.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)
7-5.13 Constitutionality.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
(§ 1, Ord. 176 C-M, eff. April 25, 1968)