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ORDINANCE NO. 219
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE 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 IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. That Sections 7300 through 7312, inclusive,
are hereby added to the Irwindale Municipal Code, as Chapter 3
of Article VII, entitled 'Underground Utility Districts", to
read as follows:
"7300. DEFINITIONS. Whenever in this
Chapter the followi:rig words or phrases are
used, they shall have the meanings assigned
to them as follows:
(a) Commission
Utilities Commission
California;
shall mean the Public
of the State of
(b) Person shall mean and include
individuals, firms, corporations, partner-
ships and their agents and employees;
(c) Poles, overhead wires and associ-
ated overhead structures shall mean poles,
towers, supports, wires, conductors, guys,
stubs, platforms, crossarms, braces, trans-
formers, insulators, cutouts, switches,
communication circuits, appliances, attach-
ments and appurtenances located above -ground
within a District and used or useful in
supplying electric communication or similar
or associated service;
(d) Underground Utility District or
District shall mean an area in the City which
is described in a resolution adopted pursuant
to the provisions hereof, within which poles,
overhead wires and associated overhead
structures are prohibited;
(e) Utility shall mean all persons
or entities supplying electric, communication
or similar or associated service by means of
electrical materials or devices."
"7301. 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 under-
ground installation of wires and facilities
331
Ordinance No. 219
for supplying electric, communication or
similar or associated service. Prior to
holding such public hearing, the City
Engineer shall consult all affected utilities
and shall prepare a report for submission at
such hearing containing, among other informa-
tion, the extent of such utilities' partici-
pation 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.
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."
"7302. 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 installa-
tion. 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 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."
"7303. 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 7302 hereof, it shall be
unlawful for any person or utility to erect,
construct, place, keep, maintain, continue,
employ or operate poles, overhead wires and
Ordinance No. 219
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 7308 hereof, and for such reasonable
time required to remove said facilities after
said work has been performed, and except as
otherwise provided in this Chapter."
"7304. EXCEPTION, EMERGENCY OR UNUSUAL
CIRCUMSTANCES, Notwithstanding the provisions
of this Chapter, poles, overhead facilities
and associated overhead structures, may be
installed and maintained in a District, with
the approval of the City Manager in order to
provide emergency or temporary service."
"7305. OTHER EXCEPTIONS. Any resolution
adopted pursuant to Section 7302 hereof, shall
not, unless otherwise provided in such reso-
lution, apply to any of the following types of
facilities:
(a) Any municipal facilities or equip-
ment 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 one location on the building to another
location on the building or to an adjacent
building without crossing any public street;
323
Ordinance No. 219
(f) Antennae, associated equipment
and supporting structures, used by a utility
for furnishing communication services;
(g) Equipment appurtenant to under-
ground facilities, such as surface mounted
transformers, pedestal mounted terminal boxes
and meter cabinets, and concealed ducts;
(h) Temporary poles, overhead wires and
associated overhead structures used or to be
used in conjunction with construction projects."
"7306. NOTICE TO PROPERTY OWNERS AND
UTILITY COMPANIES. Within ten (10) days after
the effective date of a resolution adopted
pursuant to Section 7302 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 7302 hereof,
together with a copy of this Chapter, to
affected property owners as such as shown on
the last equalized assessment roll and to
the affected utilities."
"7307. RESPONSIBILITY OF UTILITY
COMPANIES. If underground construction is
necessary to provide utility service within
a District created by any resolution adopted
pursuant to Section 7302 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."
34
Ordinance No. 219
"7308. 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 7307 and
the termination facility on or within said
building or structure being served, all in
accordance with the applicable rules, regu-
lations 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 Subparagraph (a) of this
Section within the time provided for in
the resolution enacted pursuant to Section
7302 hereof, the City Engineer shall post
written notice on the property being served
and, thirty (30) days thereafter, may
authorize the disconnection and removal of
any and all overhead service wires and
associated facilities supplying utility
service to said property."
"7309. RESPONSIBLITY 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 7302
hereof."
"7310. EXTENSION OF TIME. In the
event that any act required by this Chapter
or by a resolution adopted pursuant to
Section 7302 hereof cannot be performed
within the time provided on account of s
shortage of materials, war, restraint by
public authorities, strikes, labor dis-
turbances, 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."
Ordinance No. 219
IN
"7311. PENALTY. It shall be unlawful
for any person to violate any provision of
to fail to comply with any of the requirements
of this Chapter. Any person violating any
provision of this Chapter 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 to exceed Five Hundred ($500.00) Dollars
or by impris6nment 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 Chapter is committed,
continued or permitted by such person, and
shall be punishable therefor as provided for
in this Chapter."
"7312. CONSTITUTIONALITY. If any section,
sub -section, sentence, clause or phrase of this
Chapter is for any reason held to be invalid,
such decision shall not affect the validity of
the remaining portions of this Chapter. The
Council hereby declares that it would have
adopted the Chapter 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 2. That the City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
posted in the manner prescribed by law.
PASSED AND APPROVED this 2nd day of July, 1968.
-�Ai6 G.
Mike Miranda, Mayor
ATTEST J
ty Clerk
STATE OF CALIFORNIA )
(^ COUNTY OF LOS ANGELES ) ss.
i
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City of
Irwindale, do,hereby certify that the foregoing Ordinance No. 219
was regularly introduced, adopted and passed -at a regular meeting
of the City Council on the 2nd day of July, 1968, by the
following vote:
AYES: COUNCILMEN: Chico, Barbosa, M. Miranda, and
Breceda.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: P. Miranda.
Ma aret S. Barbosa, City Clerk
Ordinance No. 219
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
ss.
I, Margaret S. Barbosa, being first duly sworn, deposes
and says:
That she is the duly appointed and City Clerk of the City
of Irwindale, California, and is and was at all times herein
mentioned a citizen of the United States over the age of
eighteen years and competent to be witness herein.
On July 9, 1968, she securely and conspicuously posted
at each of the three designated public places in said City.
Dated: July 9, 1968
i
JWKE,aret S. Barbosa,*