Chapter 17.60 Underground Wiring Districts

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.)  The following described districts designated as “District A,” “District B,” “District C,” “District D,” “District E” and “District F” mean and include the following streets in the City:

District A: Beginning with the intersection of the south line of SW Madison Street with the east line of SW Front Avenue, running thence westerly, along said south line of SW Madison Street, to its intersection with the west line of SW Broadway; thence northerly along said west line of SW Broadway, to its intersection with the south line of SW Yamhill Street; thence westerly along said south line of SW Yamhill Street to its intersection with the west line of SW 14th Avenue; thence northerly, along said west line of SW 14th Avenue to its intersection with the north line of West Burnside Street; thence easterly, along said north line of West Burnside Street to its intersection with the west line of NW Broadway; thence northerly, along said west line of NW Broadway to its intersection with the north line of NW Glisan Street; thence easterly along said north line of NW Glisan Street to its intersection with the east line of NW Front Avenue; thence southerly, along said east line of NW and SW Front Avenue to the place of beginning.

District B: East Burnside Street, SE Morrison Street and SE Hawthorne Boulevard, from the east line of SE and NE 3rd Avenue to the west line of SE and NE 6th Avenue; and also those portions of other streets parallel thereto lying between the south line of NE Couch Street and the south line of SE Hawthorne Boulevard which are included between a line drawn 100 feet east of and parallel to the east line of SE and NE Grand Avenue; and a line drawn 100 feet west of and parallel to the west line of SE and NE Grand Avenue; and SE Grand Avenue, from the south line of NE Couch Street to the south line of SE Hawthorne Boulevard; it being provided, however, that any crossings over streets in this District which were installed before January 1, 1950 shall be permitted to remain; and it being further provided that additional machine‑turned wooden street light poles and overhead wires for street lighting shall be permitted in said District, if approved by the Director of the Bureau of Transportation.

District C: NE Martin Luther King, Jr. Boulevard (NE Union Avenue) from 100 feet north of the north line of NE Davis Street to the south line of NE Going Street, it being provided however, that any street light poles and traffic signal poles and any crossings over NE Martin Luther King, Jr. Boulevard (NE Union Avenue) which were installed before January 1, 1950 shall be permitted to remain; and it being further provided that additional machine‑turned wooden street light poles and overhead wires for street lighting shall be permitted in said District, if approved by the Director of the Bureau of Transportation.

District D: Beginning with the intersection of the center line of SW 4th Avenue and the north line of SW Market Street, running thence easterly along said north line of SW Market Street to its intersection with the center line of SW Harbor Drive; thence southerly along said center line of SW Harbor Drive to its intersection with the south line of SW Arthur Street; thence westerly along said south line of SW Arthur Street to its intersection with the center line of SW Barbur Boulevard; thence northerly along said center line of SW Barbur Boulevard and along the center line of SW 4th Avenue to the place of beginning.

District E: NE Airport Way lying between the following described Line 1 and Line 2.  Line 1: Beginning at the most northerly corner of Tax Lot (2) of Lots 1 and 2, Block 112, Parkrose, thence running northeasterly in a straight line to a point on the westerly line of NE 112th Avenue, said point being the most westerly point in a common line between the I‑205 Freeway right‑of‑way and NE 112th Avenue, and located southerly of the intersection of NE 112th Avenue with NE Marine Drive.  Line 2: The common boundary line between the City of Portland and the City of Gresham approximately 826.0 feet north of the north line of NE Sandy Boulevard at its intersection with NE 181st Avenue; also public use easements 10.0 feet in width granted to the City of Portland and adjacent to either side of NE Airport Way as described above, it being provided, however that any crossings over NE Airport Way and the said 10.0 foot wide public use easements which were installed prior to November 1, 1988 shall be exempted from this District.

District F: All that portion of the SW Gibbs Street right of way between SW Bond Street and the east line of SW Barbur Boulevard and all that portion of the Pacific Highway (I-5) right of way and S.W. Naito Parkway (S.W. Front Avenue) right of way included in a strip of land 60.00 feet in width, 30.00 feet on each side of the center line of S.W. Gibbs Street as such streets were platted on CARUTHERS ADDITION TO THE CITY OF PORTLAND, Multnomah County, Oregon.  Overhead lines located on SW Corbett Street running perpendicular to SW Gibbs Street are exempt from this requirement.

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.) 

A.  It is unlawful for any person to erect, construct, or maintain on or over the surface of any street or public use easement designated in Section 17.60.010 within an underground wiring district, any wires, poles, cables, appliances, or apparatus of any kind, on, through or by means of which electrical current or communications are transmitted or used.

B.  Whenever all existing utility facilities are located underground within a public right-of-way, a person with permission to occupy the same public right-of-way must also locate its new facilities underground.

(Amended by Ordinance Nos. 159491 and 184957, effective November 25, 2011.)  Any person owning a franchise or privilege to erect, construct, or maintain wires, cables, poles, vaults, manholes and other structures, appliances or apparatus on, over, or by means of which electric current is transmitted or used for any purpose in any portion of an underground wiring district, who desires to install, construct, reconstruct, repair, alter or maintain the same shall file with the Director of the Bureau of Transportation an application for a permit to install or maintain the facilities in trenches, conduits, structures or subways beneath the surface of the streets or parts thereof within the underground district as required.  The application shall be accompanied by the agreement of the applicant promptly to repave and repair any of the streets or portions thereof which are disturbed or undermined by the applicant as the result of exercise of the permit, if granted, the repaving and repair to be made in compliance with the provisions of this Title.

(Amended by Ordinance Nos. 159491, 162574 and 184957, effective November 25, 2011.) 

A.  Upon the filing of an application under Section 17.60.030 the Director of the Bureau of Transportation will designate the portion of space and location within the street area or public use easement designated in Section 17.60.010 to be used by the applicant.  No part or parts of street area shall be used except as designated by the Director of the Bureau of Transportation.

B.  No facilities shall be constructed to prevent the City from constructing sewers, grading, paving, repairing and/or altering any Street; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, so as not to injure or prevent the unrestricted use and operation of the Permittee’s system. However, if any portion of the Permittee’s system interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, the City may direct the Permittee to relocate as provided in Section 17.56.060.

(Amended by Ordinance Nos. 159491 and 184957, effective November 25, 2011.)  The applicant for permit shall file with the Director of the Bureau of Transportation plans and specifications for an underground system for conduction of current or energy in trenches, conduits or subways for wires, cables, and appliances including the necessary vaults, manholes and service boxes, and in addition thereto shall file a map showing the general route and location of the trenches, conduits or subways.

(Amended by Ordinance Nos. 159491, 162574 and 184957, effective November 25, 2011.)  Subject to payment of the applicable fees prescribed in Chapter 7.12, if the City Engineer finds that the application and the plans, specifications and route map filed are satisfactory, the Director of the Bureau of Transportation may approve the same and issue to the applicant a permit to enter upon the designated streets, public use easements designated in Section 17.60.010 or parts thereof in an underground wiring district, to make such excavation therein, as may be necessary to construct conduits or subways, to lay wires, cables and appliances therein, and to build vaults, manholes or service boxes underground within the space theretofore designated.  It is unlawful to make any excavation in any street or public use easement designated in Section 17.60.010 to install underground facilities, without a permit from the Director of the Bureau of Transportation and paying the fees set forth in Section 17.24.020.  All excavation work and restoration pursuant to the permit shall be under the general supervision of the Director of the Bureau of Transportation and shall be made only after notice to the Director of the Bureau of Transportation.

(Repealed by Ordinance No. 184957, effective November 25, 2011.)

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.)  Upon the installation and completion of any underground system of wires and appliances, the person installing the same shall restore the surface of all pavements, improvements, landscaping and foundations thereof which were disturbed or undermined, in as good order and condition as they were prior to the installation, in accordance with the plans and specifications and as directed by and to the satisfaction of the Director of the Bureau of Transportation.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  Any person owning or operating underground wires, conduits, or subways in compliance with this Chapter may connect the same with the side lines of the street, if approved by the Director of the Bureau of Transportation, and to that end, may use the space under the streets and sidewalks as may be necessary or convenient, and may also have access to all area‑ways under sidewalks, and may place and maintain such wires, cables and appliances in proper conduits in and through such area‑ways or spaces.  If wires or cables are run up the sides or in front of any building, such wires or cables shall be placed in proper enclosures as are required by the relevant state and local regulations governing the placement of such wires or cables to prevent danger to life or property.  If there are no relevant regulations the Director of the Bureau of Transportation may establish such requirements as he or she determines necessary to prevent danger to life or property. No wire, cable or the supports therefor shall cross any window or opening in any building.

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.)  Every person to whom a permit has been granted pursuant to this Chapter shall, upon completion of the installation of underground wires, cables, and appliances, file with the Director of the Bureau of Transportation maps, in a scale and format determined by the Director of the Bureau of Transportation, showing the location of the conduits or subways, wires, cables, vaults, manholes, and service boxes under said streets or within said public use easements designated in Section 17.60.010 or parts thereof.  The Director of the Bureau of Transportation shall maintain a record thereof.

1. The provisions of this Chapter with respect to underground construction or installation shall not apply to the following:
2. A.  Wires, poles, and appliances for lighting the streets of the City under contract with the City, or under private contract, connected with wires or cables in underground conduits or subways of a public utility; but all wires for street lighting above the surface of the streets shall be placed inside or on the outside of poles used in connection with such street lighting as directed by the City and shall be connected underground from the foot or base of the respective poles directly with the nearest wires or cables placed in such conduits or subways; provided that wires for street lighting if put on the outside of poles shall be placed in proper enclosures so as not to be dangerous to life or property, excepting, however, wires above the ground connecting the poles and the wires thereof with the light fixture on the pole.
3. B.  Traffic signal installations made and maintained by the City.  When deemed appropriate by the City Traffic Engineer agreements may be made with private property owners permitting attachment of traffic signal installations to privately owned buildings, and the Commissioner In Charge of the Bureau of Transportation is authorized to enter into or to approve agreements relating thereto, such agreements having first been approved as to form by the City Attorney.  The agreements made prior to passage hereof are hereby ratified and confirmed.
4. C.  Wires, cables, and appliances for electric signs, advertisements, and decorative lighting, connected with wires or cables in underground conduits or subways of a public utility; provided that all such wires for electric signs, advertisements, and decorative lighting shall be carried from or connected with the building, and if such wires are placed on the sides or front of any such building, they shall be placed in proper enclosures so as not to be dangerous to life or property, and the wires shall be connected underground from the foundations or basement of the respective buildings directly with the nearest wires or cables placed in such conduits or subways.  No wire for electric signs, advertisements, or decorative lighting shall cross any street above ground.
5. D.  Wires, cables, and appliances for telegraph, telephone, district telegraph, and fire alarm systems connected with wires or cables in underground conduits or subways of a public utility or a City system; provided that all wires for telegraph, telephone, district telegraph, and fire alarm systems above the surface of streets shall be placed on the sides or front of buildings in proper enclosures as the Director of the Bureau of Transportation may find necessary to prevent danger to life or property, and these wires shall be connected underground from the foundations or basement of the buildings directly with the nearest wires or cables in conduits or subways.
6. E.  Wires, poles and attachment hardware for transit electrification systems; provided that all wires or hardware for transit electrification systems above the surface streets shall be placed as the Director of the Bureau of Transportation may find necessary to prevent danger to life or property within the requirements of the National Electrical Safety Code (ANSI C 2), and that if required, these wires shall be connected to underground wires from the foot or base of the respective poles.
7. F.  Appliances or appurtenances on, through or by means of which telecommunications data is wirelessly collected or transmitted, as defined by City of Portland Transportation Administrative Rules. Attachments to infrastructure not owned and maintained by the City must adhere to 3rd party attachment rules as laid out in City of Portland Transportation Administrative Rules.
8. G.  Wires, cables, and appliances for decorative lighting, electric heating devices, and other approved electrical uses associated with permitted outdoor dining installations, being in compliance with the requirements described in Administrative Rule TRN-10.04, provided that all such wires shall be carried from or connected with an adjacent building, and if such wires are placed on the sides or front of any such building, they shall be placed in proper enclosures so as not to be dangerous to life or property. No wire shall cross or impede any travel lane unless approved by the City Traffic Engineer.

Nothing in this Chapter shall be construed to prevent or impair any agreement between or among persons affected by this Chapter designed to provide for joint ownership, control, or use of conduits or subways.

(Repealed by Ordinance No. 184957, effective November 25, 2011.)

(Repealed by Ordinance No. 184957, effective November 25, 2011.)