HomeMy Public PortalAboutOrd. 0848~~~
ORDINANCE N0. ~'y~
AN ORDINANCE OF THE CITY OF LYNWOOD ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL OF
OVERHEAD UTILITY FACILITIES AND THE INSTALLATION
OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY
DISTRICT.
Be it ordained by the Council of the City of Lynwood,
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. CONSULTATION AND REPORT.
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"(a) Prior to calling a public hearing as provided in
Section 3, Council shall direct the administrative committee referred
to in Section 4 to consult with the utility concerned and request
a factual report in writing therefrom on any proposed undergrounding
district to include, but not limited to cost data, type and method
of undergrounding, dislocation, temporary and permanent, of other
utilities and traffic arteries, availibility of undergrounding in
proposed district for expansion to other districts yet to be proposed,
approximate time necessary for completion and all other data
appurtenant to the undergrounding which it is customary for the
utility concerned to furnish a city under similar circumstances and
which said administrative committee and said utility deem relevant
and necessary to provide assistance to Council.
"(b) The members of the administrative committee who
are not representatives of the concerned utility may in their
discretion collectively prepare a supplemental written report or
addendum to the report of the concerned utility.
"(c) In the event the concerned utility shall fail to
furnish to the administrative committee said factual report within
ninety (90)
-~}1-i3yy-~ 3J-) days from the date that the administrative committee
has given notice to the concerned utility by certified mail that
such factual report is requested, the City Council may call a public
hearing affecting the proposed district in accordance with Section
3 hereof without reference to this section; provided however, that
upon written request of either the administrative committee or
the concerned utility, or both, the time for the filing of said
report with the administrative committee may be extended for an
sixty (60) Within
additional period of not to exceed ~-}ri~t~--{-3{}-) days. va-i-t-lri-r~ ten
(10) days from the date the report of the concerned utility is
filed with the administrative committee, the administrative
committee shall file said report, together with its supplemental
report or addendum, if any, the City Clerk shall include the
report and addendum, if any, on the agenda of the next general
meeting of the City Council."
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Section 3• PiIBLIC HEARING BY COUNCIL,
"Subject to the provisions of Section 2 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 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 4. ADMINISTRATIVE COMMITTEE.
"(a) There is hereby created an administrative committee
whose duties shall consist of:
"(1) Carrying out the provisions of Section 2 hereof;
"(2) Preparing all engineering and other factual
studies and reports necessary and proper to effectuate the purposes
of this ordinance, including but not limited to, the execution of
the resolutions and minute orders adopted and made by the Council;
and
"(3) To administer this ordinance and any resolutions
adopted by Council within the scope of the powers lawfully delegated
thereto by Council, and
"(4) In addition to their discretionary powers as
contained in Section 2 (b) hereof to report from time to time to
Council as requested.
"(b) The administrative committee shall consist of the
Mayor, City Manager, Public works director, Building Inspector, and
one representative from each of the utilities affected, except that
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the capacity of the representatives from the utilities affected
shall be deemed advisory only and they shall have no vote.
"(c) In the event of a tie vote of the official members
of the advisory committee, the measure voted upon shall deemed to
have lost.
"(d) The Mayor shall act as chairman of the committee
and the City Manager as Vice chairman.
"(e) The administrative committee shall have no power to
enter into agreements to bind the City in any manner.
Section 5. 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 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 6. UNLAWFUL ACTS.
"Whenever the Council creates an Underground Utility District
and orders the removal of poles, overhead wires and associated over-
head structures therein as provided in Section 5 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
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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 7 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 7. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES.
"Notwithstanding the provisions of this ordinance, overhead
facilities may be installed and maintained for a period, not to
exceed thirty (30) days, without authority of the Council in order to
provide emergency service. The Council may grant special permission,
on 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, over-
head wires and associated overhead structures."
Section 8. OTHER EXCEPTIONS.
"In any resolution adopted pursuant to Section 5 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
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 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
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
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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
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 over-
head structures used or to be used in conjunction with construction
projects."
Section 9. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
"Within ten (10) days after the effective date of a
resolution adopted pursuant to Section 5 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 5, 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 10. RESPONSIBILITY OF UTILITY COMPANIES.
"If underground construction is necessary to provide
utility service within a District created by any resolution adopted
pursuant to Section 5 hei°eof, the supplying utility shall furnish
that portion of the conduits, conductors and associated equipment
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required to be furnished by it under its applicable rules, regulations
and tariffs on file with the Commission."
Section 11. 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 10 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 5 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 o£ 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
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 assessment roll, and when no address appears, to General
Delivery, City of
If notice is given by
mail, such notice shall be deemed to have been received by the
person to whom it has been set 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 (lOj inches
in size, to be posted in a conspicuous place on said premises.
"(c) The notice given by the City Engineer to provide the
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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
by contract or force account, 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 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 sYiall 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 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,
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if there be 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 (6%) per annum."
Section 12. 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 5 hereof."
Section 13. EXTENSION OF TIME.
"In the event that any act required by this ordinance or
by a resolution adopted pursuant to Section 5 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 14. 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
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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) 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 15. 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 16. PUBLICATION.
"The City Clerk is hereby directed to cause this ordinance
to be published by one insertion in the Lynwood Press a newspaper
of general circulation, printed, published and circulated in the
City and hereby designated for that purpose by the Council."
First read at a regular meeting of the City Council of
16th day of July 1968, by the
ByOr}c, Green, Siokos, Smith, Stevens
None.
Absent: None.
Mayor of the City of Lynwood
/AT~`PEST
'City Clerk, City of Lynwoo
said city held on the 2nd day of July
1968, and
finally adopted and ordered published at a regular meeting of said
council held on the
following vote:
Ayes:
Noes:
s
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said
city, do hereby certify that the above is a true and
correct copy of Ordinance I~8 848 adopted by the City
Council of the City of Lynwood, and that same was passed
on the date and by the vote therein stated.
Dated this 31st day of July ~ 1g 68
GCITY`CLERK, CITY OFD-LYNWOOD