§ 5-3-2. Customer utility services to be placed underground; exceptions.

All new customer utility services, extensions of existing customer utility services and existing overhead customer utility services supplied by any existing overhead facilities which are relocated underground shall, after October 15, 1971, be installed below the surface of the ground; provided, that:

(1)

Equipment such as electric distribution, transformers, switchgear, meter pedestals, telephone pedestals, terminals and other similar equipment, which is normally installed above ground in accordance with accepted utility practices for underground distribution systems may be so installed.

(2)

Meters, service connections, and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed.

(3)

Overhead customer utility services existing as of the effective date of this chapter may be repaired, replaced or increased in capacity.

(4)

Temporary overhead facilities required for construction purposes will be permitted.

(5)

All customer utility services installed underground and repairs, replacement or increase in capacity thereof shall be performed in accordance with accepted standards of utility practice for underground construction.

(6)

The cost of all services installed underground shall be paid as agreed between the city and the party furnishing the utility services, or in the absence of such agreement as determined or approved by the state corporation commission.

(7)

Notwithstanding subsection (6) above, any public service company furnishing customer utility services beyond the period of time for which rights and privileges were granted, under a franchise, granted by the city, shall, as a condition of said public service company's continued use of public rights-of-way, pay the cost of installing all customer utility services until such time as said company is granted a new franchise by the city. (Code 1963, Sec. 39A-2)