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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: 2 1 Ordinance No. (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 1 1 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 - 5 -