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HomeMy WebLinkAboutCity Council Resolution 399-8 Undergreunding District Resolution Creation of Specific Underground District RESOLUTION NO. 399.8 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 6 BE IT RESOLVED By the Council of the City of Saratoga as follows: WHEREAS, by Resolution No. 399.7 , a public hearing was called for August , 17 , 19 88 at the hour of 8:00 in the Council Chambers in the City Hall, Saratoga , California, to ascertain whether the public necessity, health, safety or welfare required the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within that certain area of the City described as follows: Big Basin Way/ Congress Springs Road between Fifth Street and Hakone Gardens ; and WHEREAS, Notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and to all affected utilities, in the manner and for the time required by law; and WHEREAS, such hearing was duly held, and all interested persons were given an opportunity to be heard. WHEREAS, the Council determined after hearing on the subject that the Under- ground Utility District herein created is in the general public interest for the following reason(s): "The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic"; NOW, THEREFORE, BE IT RESOLVED by the Council and the City of Saratoga , that, pursuant to Ar~_..ic!e No. 16-70 of the City of Saratoga , the above described area is hereby declared an Underground Utility District, and is designated as Under- ground Utility District No. 6 of the City of Saratoga . Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District: RESOLVED, FURTHER, that the Council does hereby fix Jun~ 1, 1989 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, conmmnication or similar or associated service within Underground Utility District No. 6 on or before November 15, 1989 RESOLVED, FURTHER, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Con~nission of the State of California for the purpose of providing to each premises in Underground Utility District No. 6 requiring it [a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and Conduit, if required)]. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California PUblic Utilities Commission or as required by its Franchise Agreement with the City. Each property owner in Underground Utility District No. 6 shall be responsible for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served. RESOLVED FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 6 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other simil~ar or associated service, they or such occupan~ shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the 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 Public Utilities Commission of the State of California. Such notifications shall be made by mailing a copy of this resolution together with a copy of said Article No. 16-70 , to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Dated: AUgust 17 , 19 88 Adopted by the Council of the City of Saratoga by the following vote: AYES: CoLmcj~rs Clevenger, Moyles, Peterson, Stutzman and Mayor Anderson NOES: None AB SENT: None -' 'MA~OR ATTEST: CITY C~E~ 3 I I I I I 1 t / Building Regulations S 16-70.010 ARTICLE 16-70 UNDERGROUND UTILITY DISTRICTS Sections: 16-70,010 Definitions 16-70,020 Public hearing by City Council 16-70,030 Designation of district 16-70,040 Unlawful acts 16-70,050 Exceptions 16-70,060 Notice to property owners and utility companies 16-70,070 Responsibility of property owners 16-70,080 Responsibility of u. tility companies 16-70,090 Responsibility of City 16-70,100 Extension of time 616-70.010 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively aseribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Commission means the Public Utilities Commission of the State. (b) Poles, overhead wires~ and associated overhead struettu~ means and includes poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within 8 distriet and used or useful in supplying electric, communication or similar or associated service. (e) Underground u,~ity district or district means that area in the City within which polest overhead wires, and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to Section 16- 70.030 of this Article. (d) Utility means and includes all persons or entities supplying eleetrie, communication or similar or associated service by means of electrical materials or devices. S16-Y0.020 Public hearing by City Courteft The City 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 associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the latest available assessment roll of the County and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the Page 16-71 Building Regulations 916-70.030 public and may be continued from time to time. At each such hearing aH persons interested shall be given an opportunity to be heard. The decision of the City Council shall be final and eoncluslve. $16-70.030 Designation of district If, after the public hearing conducted pursuant to Section 16-70.020, the City Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, or if the Council, in such finding, finds one or more of the reasons required under and by virtue of Section A(1)(a) of Rule No. 20 of the Commission, the Council shall, by resolution, 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 shay fix the time within which such removal and underground installation shah 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 oecasioned thereby. S16-70.040 Unlawful acts Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in Section 16-70.030, 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 such overhead facilities are required to be removed by such resolution, except such overhead facilities as may be required to furnish service to an owner or occupant of property necessary for such owner or occupant to continue to receive utility service prior to the performance by such owner or occupant of the underground work, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this Article. 516--70.050 Exceptterm (a) This Article and any resolution adopted pursuant to Section 16-70,030 shay not apply to the following types of facilities, unless otherwise provided in such resolution: (1) Overhead facilities installed and maintained for a period not exceeding ten days in order to provide emergency service. (2) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer. (3) Poles or eleetroliers used exclusively for street lighting. Page 16-72 Building Regulations S16-70.060 (4) Overhead wires (exclusive of supporting structures) erossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate from an area in which poles, overhead wires and associated overhead structures are not prohibited. (5) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts. (6) 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 building or to an adjacent building without crossing any public street. (7) Antennae, associated equipment and supporting structures, used by a utility for furnishing corn munication service. (8) The following equipment appurtenant to the underground facilities: Surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts and similar facilities as approved by the City Engineer. (9) Temporary' poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (b) The City Council may grant special permission, on such terms as it may deem appropriate, in cases of unusual circumstances, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. ~16-70.060 Notlee to property owners and utility companies Within ten days after the effective date of a resolution adopted pursuant to Section 16-70.030, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the 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 shah be made by mailing a copy of the resolution adopted pursuant to Section 16-70.030 together with a copy of this Article, to the affected utilities and to affected property owners as such are shown on the latest available assessment roll of the COunty. Page 16-73 Building Regulations S 16-70.070 S16-70.070 Responsibility of property owners (a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion' of the service connection on his property between the facilities referred to in Section 16-70.080 and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations 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 in the resolution enacted pursuant to Section 16-70.030, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the latest availeble assessment roll, to provide the required underground facilities within ten 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 ease of service by mail, the notice must be deposited in the United States mail with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name and address appears on the latest available assessment roll of the County, and when no address appears, to General Delivery, City of Saratoga. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on such premises. (c) The notice to. provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if such work is not completed within thirty days after receipt of such notice, the City will provide such required underground facilities, in which ease 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 day period, the 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 communication services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. Upon completion of the work, the City Engineer 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 time shall be not less than ten 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 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 Page 16-74 Building Regulations Sl 6-70.080 report and will hear protests ngainst 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 City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made, and the City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of such properties on which the assessment has not been paid, and such assessor and tax collector shall add the amount of such assessment to the next rerular bill for taxes levied against the premises upon which such assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due, shall be subject to interest and penalties in the same manner as property taxes. S16--70.080 aestxx~bility of utility eornpenies If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 16-70.030, 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. S16-..'1'o. o9o aespmasibility of City The City shah 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 adopted pursuant to Section 16-70.030. S16-70,100 Extension of time In the event that any act required by this Article or by a resolution adopted pursuant to Section 16-70.030 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. Page 16-75 Building Regulations THIS PAGE RESERVED FOR PUTURE USE tqext page is 16-77 Page 16-76