Loading...
HomeMy WebLinkAbout38.20 ORDINANCE NO. 38.~ AN ORDINANCE OF THE CITY OF SARATOGA ADDING CHAFFER 15, AND ARTICLE 1 THEREOF, TO T}~ SARATOGA CITY CODE, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVER- HEAD. UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS The City of Saratoga does hereby ordain as follows: ~ection h Chapter 15, entitled "PUBLIC UTILITIES", is hereby added to the Saratoga City Code, and Article 1 thereof is hereb added tosaid Chapter 15, which Chapter and Article together with all the Sections and Sub-sections thereof read as follows: CHAPTER 15: PUBLIC UTILITIES: Article 1: Under rounding electric and communication facilities: ' Section 15-1: Definitions: ~enever in this ordinance the words or phrases here- inafter in this section definedare used, they shall have the respective meanings assigned to them in the following definitions: (a) "Comm~ssiOn" shall mean the Public Utilities Co,~,~ssion of the State of California. (b) "Underground Utility District" or "District" shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 15-3 of this ordinance. (c) "Poles overhead wires and associated overhead structures" shall ~an poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insula- tors, cutouts, swithces, communication circuits, appliances, attacbn~nts and appurtenances located above-ground within a District and used or useful in su~plying electric, or similar or associated service. (d) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. Section 15-2: Public Hearin~ by Council: The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associ- ated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, compm,nication, or similar or associated service. The -1- City Clerk shall notify all affected property owners as sho~n on mail of the tim~ and place of such r e 1 days prior to the date thereof. Each such notice shall be deposited in the United States Mail in a sealed envelope with ~ostage pre-paid, and each such notice shall be deemed to have een received by the person to whom it has been sent within forty-eight hours after the mailing of thereof. Each such hearing shall be open to the public and mey be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The~decision ofthe Council shall be final and conclusive. Section 15-3: Council may designate underground utility districts by resolution: If, after any such public hearing the Council finds that the public necessity, health, safety or.welfare requires such removal and such underground installation within a designated a=ea, and/or if the Council, in said £inding# finds one or more of the reasons required under and by virtue of Section A(1)(a) of Rule No. 20of the Corm~ssion, the Council shall, by teasolution, declare such designated area an Underground Utility District and order such removal and · underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. Section 15-4: Unlawful acts: Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 15-3 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance b~ such owner or occupant of the underground work necessary for suc owner or occupant to continue to receive utility service as provided in Section 15-9 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Article. ~ection 15-5: Exception~ emergency or unusual circumstances: Nothwithstanding the provisions of this ordinance, over- head facilities may be installed and maintained for a period, not to exceed ten (10) days, without .authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission, on such terms as the Director of Public Works ma~ deem approm[riate, in cases of unusual circums~ances, wit out dtscri nation as ~o any person or utility, -2- to erect, construct, install, maintain, use or-operate poles, overhead wires and associated overhead structures. Section 15-6: Other exceptions: This Article and any resolution adopted pursuant to Section 15-3 hereof shall, unless Otherwise provided in such resolution, not apply to the following types of facilities: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works. (b) Poles or electrollers used exclusively for street lighting. (c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimerar of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same buildi~ or to an adjacent building without crossing any public street. (f) Antennae, associated equipmant and supportinE structures, used by a utility for furnishing com~,mication services. (g) The following equipment appurtenant to underground facilities: surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts and similar facilities as approved by the City Council. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. ~ection 15-7: Notice.to propert7 owners and utilit7 companies: Within ten (10) days after the effective date of a reso- lution adopted pursuant to Section 15-3 hereof, the City Clerk shall notify all'affected utilities and all persons ownin real property within the District created by said resolution of t~e adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such propert desire to continue to receive electric, communication, or similar or associated service, they or such occupantshall provide all necessary facility changes on their premises soas to receive such service from the lines of the -3- supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15-3 together with a copy of this ordinance, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 15-8: Responsib~.~ity of. prope_~ty~own~rs:'. (a) Every person o~ning, operating, leasing, occupying or renting a building or structures within a District shall perform construction and provide that portion of the servite connection on his property between the facilities referred to in Section 15-9 and the termination facility on or within said building or struc- ture being served, all in accordance with applicable rules,' regu- lations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for for in the resolution enacted pursuant to Section 15-3 hereof, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to tb~ owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case .of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the o-~ner thereof as such ' owner s name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Saratoga. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty- eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises. (c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice,-the City Engineer will provide such required under- ground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If upon the expiration of the thirty (30) day period, .the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or co~uuntcations services are being furnished thereto, the City Engineer shall, in lieu of providing the require~ under- ground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated -4- facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, .together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter. (e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there he any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assess- ment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six per cent (6%) per annum. Section 15-9: Respq~Sibility of Utility Companies: If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 15-3 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. Section 15-10.~ Responsibility of City: City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to SeCtion 15-3 hereof. Section 15.-11: Extension of Time: In the event that any act required by this Article or by a resolution adopted pursuant to Section 15-3 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience., or any other circumstances beyond the control of the actor, then the time'within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. Section 2: The above provisions shall be subject to all the provisions, including without limitation the penalty and enforcement provisions, of Chapter 1 of the Saratoga City Code. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 4: This ordinance will take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting tima required by law was thereafter passed and adopted this 21st day of February ,. , 1968, by the following vote: AYES: Glennon, Tyler, Burry, Robbins NOES: None ABSENT; Hartman ATTEST: . ' "' The .boys. fo go,. ' -~Z~, ~C -' copy of Ordinance ~Z. po which has been : ~ ~-~ 2' published according to law, 'Deputy Cjty 'Clerk / .... Date