§ 56-300. Legislative findings and declarations.

The Denver City Council finds and declares:

(1)

The underground relocation ("undergrounding") of overhead lines, wires and cables used for the distribution of electricity or the transmission of telecommunication services, along with the removal of utility poles from city-owned property serves a wide variety of important public purposes.

(2)

Undergrounding enhances public safety by: removing obstructions in the public right-of-way, mitigating the risk of vehicular collisions with utility poles; improving the sight lines for vehicular and pedestrian traffic along roadways; and mitigating the risk of hazards associated with negligent or inadvertent contact with overhead lines.

(3)

Undergrounding enhances the appearance and aesthetics of the city by: removing unsightly lines and poles from public view; improving scenic vistas in and around city parks and natural areas toward the mountains, and within the city's residential and commercial neighborhoods generally; and allowing the city's tree canopy to flourish without conflict with overhead utility lines.

(4)

Undergrounding enhances the safety and security of the electric and telecommunications lines themselves by protecting the lines from damage due to inclement weather or accidents, and thus preserves the continuity and reliability of electric and telecommunications services to the public at large.

(5)

Coordinated undergrounding projects, in which all affected electric and telecommunications lines are relocated underground at the same time, offer the most efficient way to achieve the benefits of undergrounding at the lowest possible cost for the owners of the lines and their customers.

(6)

Since 1986, the city has included within its electric utility franchise certain undergrounding requirements for electric distribution facilities, including the establishment of a fund for electric undergrounding projects as directed by the manager of public works.

(7)

Since 1984, the city has included within its cable television franchises undergrounding requirements for cable television lines, requiring the franchisee to relocate its overhead lines underground when other overhead utility lines are being relocated underground.

(8)

Because other telecommunications companies that maintain overhead lines, including the city's local exchange telephone service provider, have not heretofore been required by any city law or franchise to cooperate and participate in underground relocation projects, on occasion telephone and other telecommunications lines have remained overhead and suspended from utility poles in locations where all other electric distribution and cable television lines have been relocated underground.

(9)

The continued existence of overhead telecommunications lines and utility poles in a location where all other utilities have been relocated underground compromises public safety and the general welfare of the public.

(10)

As a home rule city and county, Denver exercises broad inherent authority to regulate the use of city streets, alleys, parks, parkways, and other city-owned property under the police power.

(11)

In addition to its home rule authority, the Colorado Constitution and various state statutes recognize the authority of counties and municipalities to regulate the placement of public utility structures and facilities on public property in general, and utility poles and service lines in particular.

(12)

The Colorado Supreme Court has repeatedly recognized the authority of counties and municipalities to require the relocation of public utilities at the utility's expense in conjunction with county and municipal efforts to improve public property.

(13)

Pursuant to state statute, § 40-3-115, C.R.S., providers of local exchange telephone service may seek authorization from the Colorado Public Utilities Commission to recover from their customers the actual costs associated with the relocation of telephone lines when the relocation has been requested by a political subdivision.

(Ord. No. 137-15, § 1, 3-23-15)