§ 19-13. Transmission poles prohibited from remaining after electrical provider places services underground; providers and customers shall bear own expense of placing utilities underground.

It shall be unlawful and prohibited for transmission poles to remain after the electric provider has placed its service underground; or for transmission poles to remain in those areas and portions of the city where the transmission and/or distribution facilities of the public utility providing electric service are now underground or hereafter may be placed underground, or are to be placed underground, either by direction of city council pursuant to a conversion project as provided for in a franchise agreement or by the provider of electric power as part of a new service provision project or a conversion project. In the event, the owner of the transmission pole places its utility underground, then franchisees or providers of other public utilities and cable service and customers, shall likewise construct, operate and maintain all of its transmission and distribution facilities underground, subject to location approval by the city. The provider and customer shall underground its facilities at its own expense, but the provider is encouraged to contact and agree with other affected utilities so that all costs for common trenching, common utility vaults and other costs not specifically attributable to the under-grounding of any particular facility are shared fairly and proportionately by all the utilities involved in the underground project. Nothing in this paragraph shall be construed as requiring the city to pay any costs of under-grounding any of the provider's or customer's facilities.

(Ord. No. 03-58, 11-3-03)

Editor's note

Ord. No. 03-58, adopted Nov. 3, 2003, did not specifically amend this Code; hence, inclusion of its provisions as § 19-13 herein was at the editor's discretion.