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HomeMy WebLinkAbout2191316 d 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,*