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HomeMy WebLinkAboutOrdinance No. 958 • ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY ADDING THERETO CHAPTER 4 OF ARTICLE VIII RELAT- ING TO 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 Azusa does ordain as follows: SECTION 1. The Azusa Municipal Code is hereby amended by adding thereto a new Chapter 4 of Article VIII thereof, con- sisting of Sections 8400 through 8412, inclusive, as follows: "CHAPTER 4 - UNDERGROUND UTILITY DISTRICTS SECTION 8400. DEFINITIONS. Whenever in this Chapter the following words or phrases are used, they shall have the meanings ascribed to them as follows: (a) Commission shall mean the Public Utilities Commission of the State of California; and (b) Person shall mean and include individuals, firms, corporations, partnerships and their agents and employees; and (c) Poles, overhead wires and associated overhead structures shalmean 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 sup- plying electric, communication or similar or associated service; and (d) Underground Utility District or District shall mean an area in the City which is described in a resolu- tion adopted pursuant to the provisions hereof, within which poles, overhead wires and associated overhead structures are prohibited; and (e) Utility shall include all persons or entities supplying electric, communication or similar or asso- ciated service by means of electrical materials or devices. SECTION 8401. 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. Prior to holding such public hear- ing, the City Engineer shall consult all affected utilities . � L 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. 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 8402. 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 Dis- trict 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 amiunderground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reason- able 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 8403. UNLAWFUL ACTS. Whenever the Council creates an Underground Utility District and orders the removal of polesoverhead wires and associated overhead structures therein as provided in Section 8402 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 faci- lities 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 8408 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. SECTION 8404. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUM- STANCES. Notwithstanding the provisions of this Chapter, poles, overhead facilities and associated overhead structures, may be installed and maintained in a District, with the -2- Administrator approval of the City'Me[xx in order to provide emergency or temporary service. SECTION 8405. OTHER EXCEPTIONS. Any resolution adopted pursuant to Section 8402 hereof shall not, unless otherwise provided in such resolution, apply to any of the following types of facilities: (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 struc- tures) 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 with- out 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 overhead structures used or to be used in conjunction with construction projects. SECTION 8406. NOTICE TO PROPERTY OWNERS AND UTILITY COM- PANIES. Within ten (10) days after the effective date of a resolution adopted pursuant to Section 8402 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 -3- / 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 8402 hereof, together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. SECTION 8407. RESPONSIBILITY OF UTILITY COMPANIES. If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 8402 hereof, the supplying utility shall furnish that portion of the conduits, con- ductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. SECTION 8408. 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 8407 hereof, and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission; (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 per- sons, 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 Azusa. 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 saidpremises. (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 pro- vide 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. -4- / (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 facili- ties 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 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 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, 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 8409. 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 reso- lution enacted pursuant to Section 8402 hereof. SECTION 8410. EXTENSION OF TIME. In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 8402 hereof -5- • 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 8411. PENALTY. It shall be unlawful for any person to violate any provision or 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 require- ments shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprison- ment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any viola- tion of any of the provisions of this Chapter is committed, continued or permitted by such person, and shall be punish- able therefor as provided for in this Chapter. SECTION 8412. CONSTITUTIONALITY. If any section, subsection, 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, subsections, sentences, clauses or phrases be declared invalid. " SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this 2nd day of December , 1968. / ayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, DEAN F. KLARR, City Clerk of the City of Azusa, do hereby certify that the above Ordinance No. 958 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of November , 1968. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of December , 1968, by the following vote, to wit: AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: None City Clerk -6- I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 11th day of December , 1968, and that the same was published in accordance with law. /4 Ci y erk Publish Azusa Herald & Pomotropic, December 11, 1968. -7-