HomeMy WebLinkAboutORD 411 (1968) ORDINANCE NO. 411
2 AN ORDINANCE OF THE CITY OFTUSTIN, CALIFORNIA, ESTAB-
LISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF
5 OVERHEAD UT!LITY FACILITIES AND THE INSTALLATION OF
UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS
4
5 The City Council of the City of To. stin California, does
6 .hereby orc~a~n as follows:
V Sectio~ ~: General Pu~:
8 This Ordinance is known as the "-Underground Utility
9 Ordinance," and is enacted to provide procedures for. underground-
1O ing of overhead distribution facili'ties of public utilities, and is
11 -enacted pursuant to the ~ecisions, rules an~ regulations of the
12 California Public Utilities Conh~ission, and is i~ten~ed to be in
13 confomity with Case Nos. 8208 and 8209, General Orders. 95 and 12~
i4 Section 2: Deffnitions.
15 Whenever in this Ordinance the words or phrases herein-
.16 after in this Section d~fined are used, they shall have the respec-
17 tive meanings assigned to them in the following ~efinitions:
18 "Commission" shall mean the Public Utilities Commission
of the State of California.
19
"Underground UtilitX District" or "District" shall mean-
20 that area in the City within which poles, overheac! wires,
and associated overhead structures are prohibited, as
21 ~uch area is describe~ in a resolution adopted pursuant
~Z to the provisions of Section 6 of this OrdiDan .~
"Person" shall mean and inc].ude individuals, f. ms, cor-
potations, partnerships, and their agents and employees.
~4 "Poles~ overhead. wires and associated overhead structures
shall mean poles, towers, supports, wires, conductors,
25 guys, stubs, platforms, crossarms, braces, transformers,
insulrators, cutouts, switches, ccmmunication circuits,
26 appliances, attachments and appurtenances located above
ground within a District and used or useful in supplying
27 electric, communication or similar or associated service.
28 "Util~tX" sh~ll include a~l persons or entit~es supplying
electric, communication or similar or associated service
'29 . by means of electrical materials, or devices.
30 Section 3: Puh!ic Hearir~9~ ~ Council.
31 The Council may froin time to time call public hearings to
32 ascertain ~.~hether the public necessity, health, safet. y or welfare
HoLm ~oo~:
1 requires the removal.of poles, overhead v~ires a;'xd associated over-
head structures within designated areas of the City and the under-
ground installation of wires and facilities for supplying electric,
cc~mlqunication, or similar Qr associated service, and to esti-:blish
5 an/Underground Utility District .or Districts.
/
6 Not less than ten (10) days prior to the date of any suc~{
V public hearing, the'City Clerk shall mail to all persons owning
8 real property within the proposed District, as shown on the last
9 equalized assessment roll, anel all affected utilities, a Notice of
'lO the time and place of said hearincj, and a statement that the City
11 'Engineer's report, containing details of the District, will. be
12 available for inspection by the public in the office of the ~ity
15 Clerk prior to said hearing,
1~ Each such hearing shall be open to the public, and may
15 be continued from time to t~me. At such he~.rings all interested
· 16 persons shall be given an opportunity to be heard.
1V The Council shall make a determination as to whether the,
18 replacement of existing overhead distribution facilities with
~ 19 underground. distribution facilities along public streets and 'roads,
20 and on public lands and private property adross which rights-of-way
E1 satisfactory to the utility have been obtained., or may be obtained
22 without cost or condemnation, would be in the general public
~3 interest for any reason or reasons set forth by applicable rules
24 and regulations of the CaIifornia Public Utilities Commission as a
25 basis for undergrounding at utility expense, as such rules and
26 regulations provide at the time of such determination, which said
27 rules and regulations at this time provide for such unc~ergrounding
28 where:
29 a) Such undergrounding will avoid or elimin~.te an
unusually heavy concentration of overhead distri-
30 bution facilities;
31 b) A street, road or riqjht-of-way iS extensively
used by the genera]. public, and carries a heavy
32 volume of pec~estrian or vehicular traffic.
ROURK~ & HOL~.ROO~ II .
li
1 c) A street, road or right-of-way adjacent, to over-
head distribution facilities adjoins or passes
2 through a civic area or public recreat'ion. area,
or an area of unusual scenic interest to the
3 general public.
/
4 · / Section 4: Advi~oj~V_ Committee.
5 To assist in advising the 'City relative to underground-
6 in~ of utilities, an Underground Utilities Committee :sha-l-1. be
7 appointed by the City Administrator, who shall act as its Chai~nan,
8 and which shall be composed of a representative of each affected
9 utility, the City Engineer, and such of the follcwin~ perbOns as
10 may be designate~ by the City Admlnj. strator to serv'eL:from; ~ime to
11 'time: The Director of Public Works, City Attorney~ P,lann~.ng~-
12 Director, and members of the public, and others. , -, c -:.'_.
13 'Section 5: R_3port of Ct_ty~ Er_/~ine'er. ~L
14 Prior to holdind such public hearing, th~-City ~ngiheer
15 shall consult with all affected utilities and sha!.l-.prepare~ a-
· 16 report for submission at such hearing, containing, 'among other
17 information, the extent of such utilities' Participation and esti-
18 mates of the total costs to the City and affected-property owners.
19 Such report shall also contain an estimate of the time required to
20 coznplete such underground installation and 'removal-r of overhead
facilities° A copy of said report shall be filed in-~the office of
22 the City Clerk prior to the hearing, and shall thereafter remain
25 available for public inspection.
~4 Section 6: Council May D~si~nate Under~'roUnd Util~
25 Districts b_.x Resolution.
~6 if, 'after any such public hearind, th& CoUncil-finds
2~ that the public necessity, health, safety or welfare'requires such
28 removal and such underground installation within a designated area,
29 the '.Council shall, by resolution, declare such designated area an
30 Unaerground Utility District, and order such removal and un~ergroun~
31 installation. Such resolution shall include a ~e~c):iption of the
3Z area co~,~prising such district and shall fix the time ~?ithin %';hich
FfOLBROOK
i such removal and underground installation shall be accordplished and
B within which affected property owners must be ready to receive
5 underground service. A reasot~ble time shall be allowed for such
~ removal and underground installation, having due r. egard for,the
5 availability of labor, material and equipment necessmry for such
6 remov.~]- and for the installation of such underground facilities as
V may b~ o~casioned thereby.
8 Section 7: Unlav~ful Acts.
9 Whenever the Council creates an Underground Utility
1Q District an~ orders the removal of poles, overhead wires and
11 'associated overhead structures therein, as provided in Section 6
1B hereof, it shall be unlawful for any person or u~ility to erect,
15 construct~ place~ keep, maintain, continue,-employ or operate pole.s
14 overhead wires and associated Overhead structures in the District,
15 after the date when said overhead facilities are r.equired to be
· 16 removed by such Resolution, except as said overhead facilities may
1V be required to furnish service to an owner or occupant of property'
18 'prior to the perform~nce by such owner or occupant of the undergr~
19 work necessary for such owner or occupant to continue 'to receive
B0 utility service as proviS. ed in Section 12 hereof, and for such
21 reasonable time required to remove snid facilities after said work
2~ has been performed, and except as otherwise provided in this
25 OrSinance.
~4 Section 8: E_/Xc__e. ption, _Emerg.ency_ _or Unusual
Circumstance s.
26 Notwithstanding the provisions of this Ordinance, over-
~7 head facilities may be installed and maintained for a period, not
28 to exceed ten (10) days, without authority of the Director of
~9 Public Works, in order to provide emergency service. The Director__
5D of P~Dlic Works may grant special permission on such te~ns as he
51 [~ay deem appropriate, in cases of unusual circu~nstances, without
5~ discrin~.ination as to any person or utility, to erect, construct,
ROU~KE ~ HOL~ROOI,
T~..LE:PHON~ 547- G 1 ~ I
· l install, maintain, use or. operate poles, overhead wir.es and
;2 associated ovarhead stru. ctures.
,4 - / Section 9: Other Exceptions.
'~ ""1: .This 0r. dins~nce and :any: ReSo~luZionS. a,dop$~d pur~uan:t::
~ ~hereto,-shall-not apply to the following types of faci!ities,~u::l'
~ ~n~.e~s o.f~herw~.Se provided in said Resolution:..
-. ......
~ l:: ..-.a_) ~Any municipal facilities or-equipment. installed
un'der the sUperviSiOn and' to the' satisfaction of
~ ~ ._:-. . , .q- the. City ~gineer ......... ..
l!~O :: .. : . b).; Poles, .or electroliers used exclusi.vely. for street
lighting-~
........ ~ ) "0v'erhead ~,ire~' (~xclhSi re' ~f s~pp~rting structures ),
i~ ~ crossing any portion of a Distric~ 'within which
o,~erhead Wires have been pi~ohibitsd;' or connecting
L~3 ~--, to buildings on, the perimeter, of a district, when
-u'v-u:'such' Wireb- 9riginate in an area:--from~' -whici~ poles,
l~' :R:' ..overhead wires and. associated overhead structures
' ar~' not p~'ohib,i~ed; - '-
d ) 'Poles, overhead' wires' and associated'overhead
f.~Structures used for the transmission of electric
energj at nominal voltages in excess-of 3.~,500 volts.
" e) 0v~rhead wires attached to the exterior surface of
~ ' 1118 .. _a.-building by means of a bracket or other fixture
arid extending from one location on the building to
Z~9 ..... .another-location on the same 'building
' 'adjaCent~ building wittlout crossing any-public street.
~)- .Antennae, associated equipment ~d supporting
structures, used by a utility for furnishing
co~aunication services.
'" g)~ "Equip~'ent appurtenS]~t to {~nderg~OUnd facilities,
.such as surface. mounted trsnsfo~mers, pedestal
~ '~mounted terminal boxes and meter cabinets, and
conceale~ ducts
~5 .... -h) Temporary poles, overhead wires and associated
" 5Verhead structures used or to be used in conjunction
~'6 with construction projects
~27
~28 Section 1~: NotiC_ . ~ to Property Owners and Utilities.
~ ;~9 . Within ten (10) days after the effective date of the
~ 30 Resolution adopted pursuant to Section 6 hereof, the City Clerk
'~! shall mail to all persons owning real property within the District
-32, created by said Resolution, as shown on the last equalized assess~
1 ment roll-, and to all affected utilities, a copy of said Resolu't..ion
together with a copy of this Ordinance, together with a statement
of the necessity that if they or any person occupying such pro/aer-
ty ~esire to continue to receive elec'tric, comn~unication, or simi-
5 lar associated service, they or such occupant shall provide all
;
6 necessary facility changes on their premises so as to receive suc~
V ~rvice from the lines of the supplying utility or utilities at a
8 location subject to the applicable rules, regulations anc]
9 tariffs of the respective utility or utilities on file with the
10 Commission, together with a statement th~-t the City Engineer's
11 report, containing details of the District, is available for in-
12 spection by the public in the office of .the City Clerk.
15 Section 1].: ~oonsibili~ of Utility Cc;~panies.
14 If underg-round donstruction is necessary to province
15 utility service within a DiStrict created by any resolution a~opte~
· 16 pursuant to Section 6 hereof, the supplying ~tility shall furnish
17 that portion oE the cond. uF~s, conductors and associated equipment'
18 required to be furnished by it under its applicable rules, regula~
19 tions and tariffs on file with the Commission.
20 Section 12: Res]Donsibilit! of ProoertX Owners.
21 a) Every person owning, operating, leasing, occupying or
2Z renting a building or structure within a District shall construct
~3 and provide that portion of the ~3ervice connection on his property
24 between the facilities referred to in Section 11, and the termin~-
25 tion facility on or within said building or structure being served,
26 subject to the applicable rules, re~3ulations and tariffs of the
27 respective utility or utilities on file with the Cem~ission.
28 b) The service connection shall be completed' and re~].y
'29 for '.service in accorda~'~ce v~ith the construction schedule supplied-
~0 by the City Engineer, as. hereinafter provided. Prior to start of
31 construction the City Engineer shall mail, postage prepaid, to
3Z owners and occupants in the n~anner provided in Section l0 hereof,
HOLBROOK
1 a construction notice, ~pecifying the service connection ~or]c to be
done, and the date on or before which said service connectioz.~ shall
5 be completed and ready for use Sai~ notice shall also advise the
addresDe~e that, in the event any required service connection has
p .5 not bee~ completed to meet the construction program of the utility
--- 6 concerned, or the date stipulated in ~aid notice, ~,~hichever is late~
V the City Engineer may post written notice ~pon the property being
8 served and, thirty (30) days thereafter, may authorize the. dis-
9 connection and removal of any and all overhead service wires and
10 associated facilities supplying utility service to said property,
11 ancVor may in~mediately undertake to provide the required service
12 connection by force account or by contract; provided, however,
13 that if there is no occupant and no utility service is being fur-
14 nished, the City Engineer shall have the o~tion to order removal
15 of any existing poles, overT~ead wires and associated overhead
-16 structures, without replacernent thereof.
17 Within five (5)_' days after a construction schedule has
f ~ 18 been mailed to any owner of property, as provided in Section 12,
19 any owner desiring to protest the requirement that he comply with
20 the provisions of this Ordinance, or to protest the City under-
21 taking to provide the required service may make written request
22 to the City for public hearing by the City Council. The City
ZS~ Council shall then set a tithe and place no less than fifteen (15)
24 days thereafter, and. at said time shall hear and consider
25 property o~.~ner's protest and shall affirm or modify the require-
26 n,,ents for said property owner to comply with the provisions of
27 Section 12 of this Ordinance.
28 Upon completion of the work by the City Engineer, he
29 sha]:l file a written report v:ith the Council, ~etting forth the
30 facts that the requirecl un:~erground facilities have been provided'
31 and/or that the poles, overhead ~.~ires ane~ associated overhead
3~ str~Ictures have been removed, and the cost thereof, together with
ROUF{KE ~ HOLU~OOK A1TO. t~N~,yS AT LA',V
1 the leg~l+ 'description and As~es~or's parcel nu~'n~>er of each Duch
~ parcel of property against %~hich said cost is to be assessed.
3 , The Council sh~ll then set a time and place, not less
4 than fifteen (15) days thereafter, for hearing protests against
· 5 said assessments, and authorize the City Clerk to give notice
6 thereof to each such owner and/or occupant in the manner provided
7 in Section 10 hereof~ ~e notice shall includ. e the nar~e anc~ addres:
8 of the owner, de~;cription of the v,~ork done and cost thereof, and
9 the time and place set for the hearing of protests.
t0 At the time and place set f~.r said hearing, the Council
11 shall hear and consider said protests and the report of the City
12 Engineer, and upon conclusion of such consideration, shall affirm,
15 mo~.ify, or. reject each proposed assessment. The Council shall then
I4 direct the City Clerk to give notice to the owner of each property
15 so assessed in the manner provided in Section 10 hereof, stating
· 16 the a~uount of the affirmed assessment, and that same is to be paid
1V ~-~ithin five (5) days after receipt of said.notice. Any such
18 assessment remaining unpaid thereafter shall then become a lien
19 against sald~ property, and shall be fon~arded by the City Clerk
~0 to the Assessor to be included in the nex'~ regular property tax
21 bill l~vied against the premises, said assessment to b3 ~.ue and
~B payable with said tax. Any such assessment shall bear interest
~5 from one (1) month after affil~'antion thereof, at the rate of six
~4 percent (6~) per annun~.
~5 Section 13: ~e~ponsibilit_~ o_ f Ctt~.
26 City sh~ll remove at its own e~ense all City-o~,~ned
27- equipment from all poles required to be ren~oved hereun~.er, in
~8 an~ple time to enable the owner or user of such poles to ren~ove the
29 san~ within the time specified in the Resolution en~cted pu:csuant
50 to Section 6 hereof.
3! Section 14: ~,!o~,ific~ion and Abn~ndonn~ent.
3~ The City Council m~,y terminate, abandon, modify, or
SANTA A~IA. CALiF.
TELEPHONE ~47-0 181
1 enlarge any District or Districts, or the bouncearies thereof, upon
~ public hearing, conducted as provided in Section 3 hereof, ancl upon
5 findings that the public health, safety or welfare require such
4 termination, abando:~-nent, modification or enlargement.
-5 Section 15: Extension of Time
6 .' In the event t-~at any act required by this Ordinance or
7 by a Resolution adopted pursuant to Section 6 hereof cannot be per-
8 fo~ed within th~ time provided on account of shortage of materials
9 war, restraint by p~lic authorities, strikes, labor disturbances,
10 civil disobed. ience, or any other circumstances beyond the control
11 of the actor, then the time within which such act will be accom-
1~ pliDhed shall be extended for a period equivalent to the time of
15 such limitation.
14 ~ectio~ .16: Pe~al~.
15 It shall be unlawful for any person to violate any
-16 provision of this Ordinance, or failing to c6mpty with any of its
1V requirements shall b~ dee~'aed guilty of a misdemeanor, and
18 conviction thereof shall be punished by a fine not exceeding Five
19 Hundred Dollars (8500.00) or by imprisonment not exceeding six (6)
20 months, or by both such fine and imprisomnent. Each such person
~1 shall be deemed guilty of a separate offense for eac~Y day during
any portion of which any violation of any of the provisions of this
~ OrdinanCe is comraitte~, continued or pe~nitted by such person, and
~ shall be punishable therefor, as provi~ed in this Ordinance.
Section 17: Constitutionality.
If any section, s~-section, sentence, clause or phrase
27 of this Ordinance is, for any reason, held to be invalid, such
28 decision shall not affect the validity of the remaining portions of
~9 thiS. Ordinance. The Council hereby declares that it would have
50 adopted the Ordinance and each section, sub-section, sentence,
51 clause or phrase thereof, irrespective of the fact theft any one or
more sections, sub-section~, sentences, clauses or phrases be
CALIF,
Section 18: Effective Dnte.
1
2 This Ordinance shall take effect and be in force thirty
~ 5 (30) days from and after its adoption.
~ Section 19 .~ Publication°
/
-5 The City Clerk iS hereby directed to cause this Ordinanci
6 to ~e published by one insertion in a newspaper of general circul~
7 tion, printed, published and circulated in the City of Tustin~
8 California, and hereby designated for that purpose by the Council.
9
10 PASSED AND ADOPTED at a reg'ular meeting of the .City
1i -Council of the City of Tustin, California, held on the 15th day of July, 1968.
MH~YOR pro tern
15 ATTEST:
18
STATE OF CALtFOR2~ItA) -'
COUNTY OF OtL~NGE ) SS
CITY. OF TUSTIN )
·
RUTH C. POE, City Clerk and ex-officio G].erk of the City Council of t~he
C~ty of ~\~stin, California, does hereby certify that the who]~e number of
the ~,~embers of the City Council of the City of qkxst~.n is five; that the
above and foregoing Ordinance No. ~!1' was duly and regularly introduced
and read at a regular meeting of ~ne City Council held on the
day of July , ]-968~ and was given its second reading and duty
pass'ed and adopted at a regular meeting held on the 15th day of July
1968, by the following vote:
At~: COUNCII,Mt~q ~'L~CK, 'KLINGELHOFER~ MILLER
~OES: CO~CILME],I NONE
A~ENT: COUNCILMEN COCO~ I~RRST~tS
C{~y'~]-er~ty of ~\~stin, California