HomeMy Public PortalAboutOrdinance 395ORDINANCE NO. 395
AN ORDINANCE OF THE CITY OF BEAUMONT,
CALIFORNIA ESTABLISHING REGULATIONS
AND PROCEDURES FOR THE REMOVAL OF
OVERHEAD UTILITY FACILITIES AND THE
INSTALLATION OF UNDERGROUND FACILITIES
IN UNDERGROUND UTILITY DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, AS FOLLOWS:
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 Commission
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.
(d) "Poles, overhead wires and associated overhead structures"
shall mean poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, 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 - 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 over-
head structures within designated areas of the City and the under-
ground 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 each such hearing all persons
interested shall be given an opportunity to be heard. The decision
of the Council shall be final and conclusive.
Section 3 - REPORT BY CITY ENGINEER
Prior to holding such hearing, the City Engineer shall consult
with all affected utilities and shall prepare a report for sub-
mission 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 installations and removal of averhead facilities.
Section 4 - COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS
BY RrFOUTTION
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 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
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 5 - 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 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 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 6 - EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES
Notwithstanding the provisions of this ordinance, overhead
facilities may be installed and maintained for a period, not to
exceed ten (10) days, without authority of the Council in order to
provide emergency service. The Council may grant special permission,
in such terms as the Council may deem appropriate, in cases of
unusual circumstances, without discrimination as to any person or
utility, to erect, construct, install, maintain, use or operate
poles, overhead wires and associated overhead structures.
Section 7 - OTHER EXCEPTIONS
In any resolution adopted pursuant to Section 3 hereof, the
City may authorize any or all of the following exceptions:
(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 light-
ing.
(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 perimeter 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 voltage in
excess of 34,500 volts.
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(e) Overhead wires attached to the exterior surface of a
by means of a bracket or other fixture and extending from
one location on the building to another location on the same build-
ing or to an adjacent building without crossing any public strut.
(f) Antennae, associated equipment and supporting structures,
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 structures
used or to be used in conjunction with construction projects.
Section 8 - NOTICE TO FROPERTY OWNERS AND UTILITY COMPANIES
Within ten (10) days after the effective date of a resolution
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.
Notification by the City Clerk shall be made by mailing a copy
of the resolution adopted pursuant to Section 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 9 - 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 associated equipment required
to be furnished by it under its applicable rules, regulations and
tariffs on file with the Commission.
Section 10 - 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. If
the above is not accomplished by any person within the time provided
for in the resolution enacted pursuant to Section 3 hereof, 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 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 de-
posited 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 owner 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 assess-
ment roll, and when no address appears, to General Delivery, City
of Beaumont. 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 underground 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
communications 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 services to said property. Upnn com-
pletion of the work by the City Engineer, he shall file a written
report with the City Council setting forth the fact that the re-
quired underground facilities have been provided and the cost there-
of, 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 writ-
ing thereof to the owner thereof, in the manner herein above pro-
vided for the giving of the notice to provide the required under-
ground facilities, of the time and place that the Council will
pass upon such report and will hear protests against such assess-
ment. 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 by 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 assessment 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 (670) per annum.
Section 11 - 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 3
hereof.
Section 12 - 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 13 - 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 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 14 - 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 15 - PUBLICATION
The City Clerk is hereby directed to cause this ordinance to
be published by one insertion in the Record -Gazette, a newspaper
of general circulation printed, published and circulation in the
City of Beaumont and hereby designated for that purpose by the
Council.
Section 16 - EFFECTIVE DATE
This ordinance shall take effect and be
days from and after its adoption.
PASSED AND ADOPTED THIS 24th day of
ATTEST:
in force thirty (30)
September , 1968.
City Clerk of the City of
Beaumont, California.
Mayor Pro -Tem of the City of
Beaumont, California.
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STATE OF CALIFORNIA)
COUNTY OR RIVERSIDE) SS
CITY OF BEAUMONT )
I, Mae B. Goularte, City Clerk of the City of Beaumont,
California, hereby certify that the foregoing Ordinance was intro-
duced and read at a Regular Meeting of the City Council of said
city duly held on the 10th day of September, 1968, and that the
same was duly passed and adopted at a Regular Meeting held on the
24th day of September, 1968, by the following vote:
AYES: Councilman Rodeman, Kief, Hightower and Haskell.
NOES: None.
ABSENT: None. (because of resignation)
(SEAL)
City Clerk
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