HomeMy Public PortalAboutOrdinance 68-2651
ORDINANCE NO. 68 -265
AN. ORDINANCE OF THE CITY OF TEMPLE. CITY
ESTABLISHING REGULATIONS AND PROCEDURES
FOR THE. REMOVAL OF OVERHEAD UTILITY
FACILITIES AND THE INSTALLATION. OF
UNDERGROUND FACILITIES IN.UNDERGROUND,
UTILITY DISTRICTS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION. 1. DEFINITIONS. Whenever in this Ordinance the
words or phrases hereinafter in. this Section defined are used,
they shall have the respective meanings assigned to them in
the following definitions:
(a) "Commission" shall mean the Public Utilities Commis-
sion 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 3 of this Ordinance.
(c) "Person" shall mean and include individuals, firms,
corporations, partnerships, and their agents and employees.
4d) "Poles, overhead wires and associated overhead struc-
tures' shall mean poles, towers, supports, wires, conductors.,
guys, stubs, platforms, crossarms, braces, transformers, insu-
lators, cutouts, switches, communication circuits appliances,
attachments and appurtenances located above- ground within a
District and used or useful in supplying electric, communication
or similar or associated service._:
(e) "Utility" shall include all persons or entities
supplying electric, communication or Similar or associated service
by means of electrical materials or devices.
SECTION.2.
(a) PUBLIC HEARING 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 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 last equalized
assessment- roll and utilities concerned by mail of the time
and place of such hearings at least ten (10) days prior to the
date thereof. Each such hearing shall be open to the public
and may be continued from time to time. At such hearing all
persons interested shall be given an opportunity to be heard.
The decision of the Council shall be final and conclusive.
(b) REPORT BY CITY ENGINEER. Prior to holding such public
hearing, the City Engineer shall consult all affected utilities
Ordinance No.
and shall prepare a report for submission at such hearing
containing, among other information, the extent of such
utilities participation and estimates of the total costs
to the City and affected property owners. Such report shall
also contain an estimate of the time required to complete
such underground installation and removal of overhead facilities.
SECTION 3. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY
DISTRICTS BY RESOLUTION. It, atter any such public hearing
the Council finds that the public necessity, health, safety
or welfare requires such removal and such underground installa-
tion within a designated area, 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 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 under-
ground services 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 4. UNLAWFUL ACTS. Whenever the Council creates
an Underground Utz ity istrict and orders the removal of poles,
overhead wires and associated overhead structures therein as
provided in Section 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 per-
formance by such owner or occupant of the underground work
necessary for such owner or occupant to continue to receive
utility service as provided in Section 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 Ordinance.
SECTION 5. EXCEPTION EMERGENCY OR UNUSUAL CIRCUMSTANCES.
Notwithstanding the provisions of this Ordinance, overhead
facilities may be installed and maintained for a period of not
to exceed thirty (30) days, without authority of the City
Engineer in order to provide emergency service. The City
Engineer may grant special permission, on such terms as he
may deem appropriate, in cases of unusual circumstances and
without discrimination as to any person or utility, to erect,
construct, install, maintain, use or operate poles, overhead
wires and associated overhead structures for not to exceed
another 30 days. Any further extensions shall be granted only
by the City Council.
SECTION 6. OTHER EXCEPTIONS. In any resolution adopted
pursuant to Section 3 hereof, the City may authorize any or
all of the following exceptions:
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(a) Any municipal facilities or equipment installed
under the supervision and to the satisfaction of the City
Engineer.
(b) Poles, or electroliers 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 per -
imeter -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 struc-
tures 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 building or to an adjacent building without crossing any
public street.
(f) Antennae, associated equipment and supporting struc-
tures, used by a utility for furnishing communication services.
(g) Equipment appurtenant to underground facilities,
such as surface mounted transformers, pedestal mounted terminal
boxes and meter cabinets, and concealed ducts.
(h) Temporary poles, overhead wires and associated over-
head structures used or to be used in conjunction with con -
struction projects.
SECTION 7. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
Within ten (10) days a ter t e e ective •ate o a reso ution
adopted pursuant to Section 3 hereof, the City Clerk shall
notify all affected utilities and all persons owning real
property within the District created by said resolution of
the adoption thereof. Said 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 the 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 3, to-
gether 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.
Ordinance No.
SECTION 8. RESPONSIBILITY OF UTILITY COMPANIES, If
underground construction is necessary to provide utility
service within a District created by any resolution adopted
pursuant to Section 3 hereof, the supplying utility shall
furnish that portion of the conduits, conductors and assoc-
iated equipment required to be furnished by it under its
applicable rules, regulations and tariffs on file with the
Commission.
SECTION 9. RESPONSIBILITY OF PROPERTY OWNERS.
(a) Every person owning, operating, leasing, occupying
or renting a building or structure within a District shall
construct and provide that portion of the service connection
on his property between the facilities referred to in Section
8 and the termination facility on or within said building
or structure being served all in accordance with the appli-
cable rules, regulations and tariffs of the respective utility .
or utilities on file with the Commission.
(b) In the event any person owning, operating, leasing,
occupying or renting said property does not comply with the
provisions of sub- paragraph (a) of this Section 9 within the
time provided for in the resolution enacted pursuant to Section
3 hereof, the City Engineer may post written notice on the
property being served and thirty (30) days thereafter may
authorize the disconnection and removal of any and all over -.
head service wires and associated facilities supplying utility
service to said property.
SECTION 10. RESPONSIBILITY •OF•CITY. City shall remove
at its own expense a 1 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 3 hereof.
SECTION 11. EXTENSION OF TIME. In the event that any
act required by this Ordinance or by a resolution adopted
pursuant to Section 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 12. PENALTY, It shall be unlawful for any
person to violate any provision or to fail to comply with
any of the requirements of this Ordinance. Any person
violating any provision of this Ordinance or failing to
comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished
by a fine not exceeding Five Hundred Dollars ($500.00) or
by imprisonment not exceeding six (6) months, or by both
such fine and imprisonment. Each such person shall be
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Ordinance No. 68 -265
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of
this Ordinance is committed, continued or permitted by
such person, and shall be punishable therefor as provided
for in this Ordinance.
SECTION 13. CONSTITUTIONALITY, If any section, sub-
section, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, sub - section, sentence,
clause or phrase thereof, irrespective of the fact that any
one or more sections, sub - sections, sentences, clauses
or phrases be declared invalid.
SECTION 14. PUBLICATION. The City Clerk is hereby
directed to cause this Ordinance to be published by one
insertion in the Temple City Times, a newspaper of general .
circulation, printed, published and circulated in City and
hereby designated for that purpose by the Council.
SECTION 15. EFFECTIVE DATE. This Ordinance shall take
effect and be in force thirty (30) days from and after its
adoption and shall be codified as Chapter of Article
of the Temple City Code.
1968.
PASSED, APPROVED and ADOPTED this 7th day of May
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF TEMPLE CITY )
I, KARL L. KOSKI, City Clerk of the City of Temple City, .
do hereby certify that the foregoing Ordinance, being Ordi-
nance No.68 -265, was introduced at a regular meeting of the
City Council of the City of Temple City, held on the 16th
day of April , 1968, and was duly passed, approove
and adopted by said Council, approved and signed by the Mayor
and attested by the City Clerk at a regular meeting of the
said City Council held on the 7th day of May
1968, by the following vote:
AYES: Councilmen- Beckley, Merritt, Tyrell, Briggs
NOES: Councilmen -None
ABSENT :Councilman- Harker
May. r o t'T' W y o
Temple City, California
y er o e ity o
Temple City, California
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