SECTIONS 5896.1-5896.17 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 5896.1-5896.17

5896.1. The Legislature finds that, in many areas of the state,
landowners, cities, public agencies, and public utilities desire to
convert existing overhead electric and communication facilities to
underground locations by means of special assessment proceedings. The
Legislature hereby declares that a public purpose will be served by
providing a procedure to accomplish this conversion and that it is in
the public interest to provide for the conversion by proceedings
taken pursuant to this division.

5896.2. As used in this chapter, the following words and phrases
(and any variants thereof) mean:
"Communication service" means 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.
"Convert" or "conversion" means the removal of all, or any part,
of any existing overhead electric or communication facilities and the
replacement thereof with underground electric or communication
facilities constructed at the same or different locations.
"Electric service" means the distribution of electricity for heat,
light, or power.
"Electric or communication facilities" means any works or
improvements used or useful in providing electric or communication
service, including, but not limited to, poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts,
switches, capacitors, meters, communication circuits, appliances,
attachments, and appurtenances, other than those owned or used by, or
provided for, any railroad or pipeline, and located upon or above
the right-of-way of the railroad or pipeline. "Electric facilities"
does not include any facilities used or intended to be used for the
transmission of electric energy at nominal voltages in excess of
35,000 volts.
"Overhead electric or communication facilities" means electric or
communication facilities located, in whole or in part, above the
surface of the ground.
"Underground electric or communication facilities" means electric
or communication facilities located, in whole or in part, beneath the
surface of the ground.
"Public agency" means any city, county, district, or public
corporation (other than the one conducting the proceedings) that
provides electric or communication service to the public by means of
electric or communication facilities.
"Public utility" means any person or corporation that provides
electric or communication service to the public by means of electric
or communication facilities.

5896.3. In addition to proceedings for types of work or improvement
authorized elsewhere in this division, proceedings may be taken for
the conversion of existing electric or communication facilities and
the construction, reconstruction or relocation of any other electric
or communications facilities which may be incidental thereto.

5896.4. Except as otherwise expressly provided by this chapter, a
proceeding for a conversion shall be conducted and completed in
accordance with the procedure specified elsewhere in this division.
All of the provisions of this division shall be applicable to a
proceeding for a conversion. This chapter does not affect any other
law relating to the same or any similar subject, but provides an
alternative authority and procedure for the subject to which it
relates. When proceeding under this chapter its provisions only need
be followed.

5896.5. Proceedings for a conversion shall be initiated by either a
petition or by a determination of the legislative body.
(a) In order to initiate proceedings, a petition shall:
(1) Describe the proposed assessment district, as provided in
Section 5181.
(2) Generally describe the proposed conversion.
(3) Request that proceedings for such conversion be taken pursuant
to this division.
(b) In order to initiate proceedings, the legislative body shall
determine that the city or a public utility has voluntarily agreed to
pay over 50 percent of all costs of conversion, excluding costs of
users' connections to underground electric or communication
facilities.

5896.6. A petition for proceedings for conversion shall be signed
by not less than five owners of assessable land in the proposed
assessment district, as shown by the last equalized assessment roll
used by the city, owning lands constituting more than one-half of the
area of all assessable lands within the proposed assessment
district.

5896.7. The petition shall be filed with the clerk, who shall
thereupon check or cause said petition to be checked. If the petition
is signed by the requisite number of qualified signers, the clerk
shall execute a certificate of sufficiency and present said petition
and certificate to the legislative body.

5896.8. Upon presentation of the petition and certificate of
sufficiency or upon a determination pursuant to subdivision (b) of
Section 5896.5, the legislative body may adopt a resolution declaring
its intention to order the conversion.

5896.9. In a proceeding for a conversion, the city and any public
utility or public agency supplying electric or communication service
within the city, by agreement, may provide that, upon confirmation of
the assessment, the public utility or public agency shall have legal
title to the electric or communication facilities, which shall
thereafter constitute part of a system of the public utility or
public agency and be used, operated, maintained, and managed by it as
part of its system.
Subject to any rules, regulations, or tariffs applicable to any
public utility or public agency, the agreement also may provide,
among other things, for any of the following: the supplying or
approval by the public utility or public agency of plans and
specifications; a contribution of labor, materials, or money by the
public utility or public agency; the performance by the public
utility or public agency of all, or any part, of the work or
improvement; and payment to the public utility or public agency for
any work or improvement performed or service rendered by it.
Any agreement shall be made prior to the adoption of the
resolution ordering the work. If the proceedings are abandoned, the
agreement shall be given no further force or effect. To the extent
that the agreement provides that all, or any part, of the work or
improvement is to be performed by the public utility or public
agency, the provisions of this division requiring competitive bidding
and the award of the contract to the lowest responsible bidder shall
be inapplicable.
Nothing in this chapter precludes the city or the public utility,
in the event of disagreement regarding any provision of the proposed
agreement, from seeking review of the disagreement by the Public
Utilities Commission.

5896.10. If the work or improvement consists solely of a
conversion, and the work or improvement is performed by a public
utility or public agency, the resolution of intention shall provide
that (a) the warrant, assessment and diagram or (b) any bonds issued
or to be issued to represent unpaid assessments, or both (a) and (b),
shall be sold as the legislative body directs. The purchaser, and
any successors, shall have the same rights and liens as the
contractor to collect and enforce the assessments and all bonds
issued to represent unpaid assessments. If the work and improvement
consists, in part, of a conversion and, in part, of other types of
work or improvement under this division, the legislative body may
provide, in the resolution of intention, that the costs and expenses
of conversion is part of the incidental expenses to be advanced to
the city by the contractor and to be included in the assessment. Any
payments made upon assessments, any proceeds from the sale of the
warrant, assessment, and diagram or bonds, and any incidental
expenses so advanced to the city may be used by the city for the
purpose of making payments to a public utility or public agency
pursuant to an agreement made under Section 5896.9.

5896.11. If the city furnishes electric or communication service by
means of electric or communication facilities owned or operated by
the city, the legislative body, in the resolution ordering work, may
provide that the work or improvement of conversion shall be performed
for the price or prices specified in the resolution by the city or
any department, agency, commission, or officer of the city having the
duty of furnishing the service. To that extent, the provisions of
Part 1 (commencing with Section 1100) of Division 2 of the Public
Contract Code requiring competitive bidding and the award of the
contract to the lowest responsible bidder shall be inapplicable.

5896.13. If the work or improvement consists solely of conversion
of electric or communication facilities owned or operated by the city
and the legislative body has provided that such work or improvement
shall be performed by the city or any department, agency, commission
or officer of the city, the warrant, assessment and diagram and all
bonds issued to represent unpaid assessments shall be delivered to
the city and the city shall thereupon have the same rights and liens
as the contractor to collect and enforce the payment of the
assessments and all bonds issued to represent unpaid assessments. In
such event, (a) such warrant, assessment and diagram or (b) any bonds
issued or to be issued to represent unpaid assessment, or both (a)
and (b), may be sold as the legislative body directs and the
purchaser, and any successors, shall thereupon succeed to all of the
rights and liens of the city.
If the work and improvement consists, in part, of a conversion
and, in part, of other types of work or improvement, the legislative
body may provide in the resolution of intention that the costs and
expenses of conversion shall constititute part of the incidental
expenses to be advanced to the city by the contractor and to be
included in the assessment. Any incidental expenses so advanced to
the city may be retained by the city for the purpose of paying or
reimbursing the city for the cost of such conversion.

5896.14. Subject to applicable rules, regulations, tariffs or
ordinances, all electric or communication facilities, including
connections to the owner's premises, located upon any lot or parcel
of land within the assessment district shall be constructed,
reconstructed, relocated or converted by the owner of such lot or
parcel at his own expense. Such work may be done by the contractor,
or the public utility, public agency or city performing the
conversion work, and the cost thereof included in the assessment to
be levied upon such lot or parcel provided, that the owner shall
execute a written request therefor and file the same with the clerk.
Any such request shall expressly authorize the contractor, public
utility, public agency or city, and their respective officers, agents
and employees to enter upon such lot or parcel for such purpose and
shall waive any right of protest or objection in respect of the doing
of such work and the inclusion of the cost thereof in said
assessment.
The provisions of this chapter shall not be deemed to diminish any
right of an owner of a lot or parcel of land to contract any portion
of work on his premises.

5896.15. Any written request executed pursuant to Section 5896.14
shall be filed with the clerk not later than the date fixed for
commencement of construction of the conversion. A written request
executed after such date shall not be accepted for filing by the
clerk unless it shall contain the written approval of the contractor,
public utility, public agency or city which is authorized to perform
such work or improvement.

5896.16. The clerk shall mail a notice to each owner of a lot or
parcel of land within the assessment district advising him of the
provisions of Sections 5896.14 and 5896.15 and stating that unless
such owner complies with the requirements of such sections all
buildings, structures and improvements located upon the lot or parcel
will be subject to disconnection from the electric or communication
facilities providing service thereto. Such notice shall be mailed at
least 15 days prior to the date of commencement of construction and
shall be mailed to the owners whose names and addresses appear on the
last equalized assessment roll used by the city or as known to the
clerk.

5896.17. If the owner of any lot or parcel of land shall fail to
comply with the requirements of Sections 5896.14 and 5896.15, the
city may order the disconnection and removal of all overhead electric
or communication facilities providing service to any building,
structure or improvement located upon such lot or parcel. Written
notice of proposed disconnection shall be given at least five days
prior to disconnection by leaving a copy of such notice at the
principal building, structure or improvement located upon such lot or
parcel.