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HomeMy WebLinkAboutCC ORD 1974-1414 Underground utilities; repeals Ord. 1211 (13.08)1414 ORDINANCE NO. 1414 AN ORDINANCE ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD AND TINSTALLATION UNDERGROUND FACILITIES INLITIES NDERGROUND UTILITY D STRIC SF BE IT ORDAINED, by the Council of to support overhead facilities outside the City of National City, as follows: the {hiboundaon the r district thewhichdistrict or been s ARTICLE I wspecifically excepted in the resolution UNDERGROUND UTILITIES creating the district. PROCEDURAL ORDINANCES SECTION 6. Public Hearing by Council SECTION 1. This Ordinance may be By appropriate resolution the Council cited as the National City Underground may from time to time call public Utilities Procedural Ordinance. hearings to ascertain whether the public SECTION 2. Rules of Construction health, safety or general welfare re - This Ordinance shall be liberally quires the removal of poles, overhead construed in order to effectuate its wires and associated overhead struc- purposes and no error, irregularity, tures within designated areas of the informality, and no neglect or omission City and the underground installation of any officer in any procedure taken of wires and facilities for supplying under this Ordinance which does not electric, communication, community an - directly affect the jurisdiction of the tenna television or similar or associated Council to order the work and improve- service. Each hearing shall be open to ment shall avoid or invalidate such the public to time. dmay Aeach continued tin edgfroom ll proceeding. persons interested shall be given an SECTION purpose Purpose dni Intent opportunity to be heard. The decision It a theprvi and intent of this of the Council shall be final and con- ofOrdinance to provide for the creation elusive. underground utility districts in the City of National City in which poles, SECTION 7. Notice overhead wires and associated overhead (a) The City Clerk shall notify all structures, as hereinafter defined, shall affected pany dnpersons andf heac me utoed place SECTION4. not permiof the hearings at least fifteen (15) 4. Definitions D Whenever in this Ordinance the fol- days prior to the date thereof. iven under this section shall words or phrases are used, they may )be givens either by personal service shalt mean: mail, (a) "City" shall mean the City of or by mail. In case of service by National City, a municipal corporation each Unitedtice mu it be ae epositdenvelthe he in the State of California.States al aid. Eachsel enenve to (b) "Commission" shall mean the with postage prepaid. Public Utilities Commission of the State an proposed ner fD's real ictprspertyall b inad District, stssed of California. ears, and at (c) "Council" shall mean the City thesaddre address listed afor appears, owner, on Council of Berg. (d) "Underground Utility District" the last equalized assessment roll of or "District" shall mean that area in the County of San Diego. Each notice to an occupant of real propDistrict, erty in addressed orproposed ca t athe District, shall ostreet address or addresses located on the real property. Notice given by mail 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. (c) The City Clerk shall cause the resolution calling a public hearing as set forth in Section 6 of this Ordinance City within which poles, overhead wires and associated overhead structures are prohibited as such area as described in a resolution or resolutions adopted pur- suant to the provisions of Section 8 of this Ordinance. (e) "Poles, Overhead Wires and As- sociated Overhead Structures" shall mean poles, towers, supports, wires, cables, conductors, guys, stubs, plat- forms, crossarms, braces, transformers, insulators, cutouts, switches, communi- cation circuits, appliances, attachments to be published in a newspaper o and appurtenances located above general circulation as defined in Section ground upon, along, across, or over the 6000 of the California Government streets, alleys and ways of City and Code. Publication of the resolution used or usable in supplying electric, shall be for one ttime, the date lesstthan nu five e communication, community antenna (5) days prior o television or similar or associate service. hearing stated in said resolution. (f) "Utility Company" shall mean SECTION 8. Council May Designate and include all persons and entities Underground Utility Districts by Reso- supplying electric, communication, com- lotion. the munity antenna television or similar or If, after the pubic hearing, associated service. Council finds that the public health, (g) "Affected Persons" shall mean safety or general welfare requires re - the owners of real property located moval of poles, overhead wires and as - as shown on the last equalized San within the District, or proposed District, sociated overhead structures and under- ground installation of wires and Diego County assessment roll and each facilities for supplying electric, com- within the District, or proposed District. occupant of real property located munication, community antenna tele-SECTION 5. Exceptions vision or similar or associated service within a designated area, the Council Unless otherwise provided in the shall, by resolution declare the desig- resolution creating the District, this noted area an Underground Utility Ordinance and any resolution adopted District and order the removal and pursuant thereto shall not apply to the underground installation. Immediately following types of facilities: following its adoption, the City Clerk (a) Poles, and associated overhead shall cause a certified copy of the lighting or signalization. of the County Recorder. The resolution structures, used exclusively for street resolution to be recorded in the office (b) Overhead wires (exclusive of sup- shall include a description and map of porting structures) connecting to build- the area comprising the District. It ings on the perimeter of a District shall also provide that the Council shall when such wires originate in an area by subsequent resolution fix the time from which poles, overhead wires and within which: prohibited. be ready to receive underground service, associated overhead structures are not (i) property in the District must (c) Overhead wires attached to the and (ii) poles, overhead wires and as - exterior surface of a building by means o of a bracket orother fixture and sociated overhead structures shall be extending from one location on the removed. building to another location on the same building or to an adjacent build- A reasonable time shall be allowed ing without crossing any public street. for removal and underground installa- (d) Electric transmission lines of tion, having due regard for the avail- 60,000 volts phase -to -phase and above. abilityof labor,yfor materials erialssuch re ndv equip- (e) Radio antennae, associated ment for the installation of such underground d such antennae, equipment and used bsupporting structuresy a Utility Com-- facilities as may be occasioned thereby. pany for furnishing communication SECTIONWheneve9. Unlawful nle wfullciActs creates an services. Underground Utility District and orders ti(f) Pad mounteddtransformers,enjunc-on the removal of poles, overhead wires and pee boxes, and service terminals distri- associated overhead structures therein pedestals aboveground used to nd as provided in Section 8 of this Or- communitycoelectrical,antennacommunication °nd dinance, it shall be unlawful for any orasidsertelevision ther usinder-ar person or utility company to erect, groundr associated service, in under- construct, place, keep, maintain, systems. con- tinue, own, employ or operate poles, (g) Temporary poles, overhead wires overhead wires and associated overhead and associated overhead structures lo- structures in the District on and after cated on private property, used solely the date when overhead facilities are during the course of construction on required to be removed by the resolu- that private property. tion, except as otherwise provided in (h) Overhead wires to provide tem- this Ordinance. Commencing upon the porary or emergency service installed date when the overhead facilities are subject to the provisions of Section 10 existence, q iredtobe p preree emovved themaincontinued of this Ordinance. f (i) New or existing pole to anchor poles, overhead wires and associated guy wires within the district necessary overhead structures in the District shall be and the same is hereby declared to not comply with the provisions of thin the e contrary welfare to the the publicandun- time on 13 of provided thifo in the ce Nresolut on generalu,welfare ofP lawful, and the same may be abated enacted pursuant to Section 8 of this summarily or as otherwise provided by Ordinance, nconcerned respective the sall advise lithe com- law.Manager in writingof the location of bySpecial SECTION 10. me gen y it tP such property and thereupon the City Permission Notwithstanding and Emergency Situations Manager shall cause to be posted on the provisions of this such property a written notice on the Ordinance, overhead facilities may property being served. installed and maintained for a period (b) The notice by Section not to exceed thirty (30) days, without 14(b) shalt includeterequiredqu statement that provide e theenc Council, in orderCu to thirty (30) days after posting of the provide emergency service. The Council noice all utility companies are author - may grant special permission, on such ized to discontinue electric, communi- terms and for deeh duratios as the cation, community antenna television Council may deem appropriate,or similar or associated service from cases of unusual circummsttaonccess,,and id olesoverhead wires and associated where not detrimental to the public overhead, structures. health, safety and general welfare and (c) Thirty (30) days after such without discrimination as to any person posting, all utility companies are hereby or utility company, to erect, construct, authorized to discontinue electric, install, maintain, a use or operatetdrhpoa communication, community antenna overhead wires and associated overhead television or similar or associated structures within the District. service from poles, overhead wires, and SECTION 11. Notification of Affected associated overhead structures. Persons and Utilities days SECTION 15. Responsibility of City (a) Within after fifteen (15)City shall remove at its own expense the effective date of a resolution all City -owned equipment from all adopted pursuant to Section 8 of this poles, overhead wires and associated Ordinance, the City Clerk of City shall overhead structures required to be re - notify all affected utility companies moved hereunder in ample time to and all affected persons of the pro- enable the owner of the poles, overhead visions of the resolution. The City wires and associated overhead strut - Clerk specifically shall notify the af- tures to remove them within the time fected persons that, if they desire to specified in the resolution enacted pur- continue to receive electric, communi- suant to Section 8 of this Ordinance. cation, community antenna television SECTION 16. Extension of Time or similar or associated service, they In the event that any act required shall provide, at their own expense, all by this Ordinance or by a resolution necessary facility changes on their adopted pursuant to Section 8 of this premises so as to receive underground Ordinance cannot be performed within service from the lines relocated under- the time provided on account of short - ground of the supplying utility company age of materials, war, restraint by subject to applicable rules, regulations, public authorities, strikes, labor dis- and tariffs of the respective utility turbances civil disobedience, or any company on file with the Commission other circumstances beyond the control and to all other applicable require- of the actor, then the time within ments of State laws and City or- which such act will be accomplished forperiod equiva- a e extended dinances. shall b (b) Within fifteen (15) days of lent to the time of such limitation. adoption by the Council of the resoiu- SECTION 17. Constitutionality tion fixing the time within which con- If any section, subsection, sentence, versions on private property and pole clause or phrase of this Ordinance is removal must be accomplished, the City for any reason held to be invalid, such Clerk shall further notify all affected decision shall not affect the validity of utilities and affected persons that the the remaining portions of this Or - work required to change the facilities dinance. The Council hereby declares on the premises so as to receive elec- that it would have adopted the Or- tric, communication, or community dinance and each section, subsection, antenna television or similar or as- sentence, clause or phrase thereof, ir- sociated service provided or to be pro- respective of the fact that any one or hided by the Utility Company shall be more sections, subsections, sentences, accomplished on or before the op- clauses or phrases be declared invalid. plicable date set forth in the resolu- BE IT FURTHER ORDAINED that Or- tion. This notice shall also state the dinance No. 1211 is hereby repealed. date all poles and related overhead PASSED AND ADOPTED this 19th day structures are to be removed from of March, 1974. within the District. S/KILE MORGAN (c) Notices given under this section may be given either by personal service ATTEST: Mayor or by marl and in accordance with the S/IONE MINOGUE CAMPBELL provisions of Section 7 of this Or- City Clerk the Council dinance. Passed and adopted by (d) Within fifteen (15) days of of the City of National City, California, adoption of the resolution fixing the on March 19, 1974 by the following conversion and pole removal times of vote. to -wit: the District, the City Manager shall Ayes: Councilmen Camacho, Dalla, cause copies of the notice, printed on Pinson, Reid. Morgan a card not less than eight (8) inches Nays: Councilmen None by ten (10) inches in size and headed Absent: Councilmen None "Notice of Pole Removal" in letters of Abstain: Councilmen None not less than one (1) inch in height, to AUTHENTICATED BY:KILE MORGAN be posted conspicuously on every pole Mayor of the City of to be removed within the District. National City, California SECTION 12. Responsibility of Utility S/IONE MINOGUE CAMPBELL Companies City Clerk of the City of If underground construction is neces- National City, California sary to provide utility service within a District created by any resolution I HEREBY CERTIFY that the fore - adopted pursuant to Section 8 of this going ordin nace even call notardayfinhaly Ordinance, any utility company gaging in such underground construe- elapsed between the day of its intro- tion shall furnish that portion of the duction and the day of its final pas - conduits, conductors and associated sage, to wit, on March 12, 1974 and equipment required to be furnished by on March 19, 1974. l FURTHER CERTIFY THAT said or - it under the applicable orders, rules, regulations and tariffs on file with the dinance was read in full prior to its Commission. final passage or that the reading of SECTION 13. .Responsibility of Prop- with ordinance an a not full nwas dispensedd city Owners The owner or owners of real property majority of the members elected to the within a District shall be obligated to Council and that there was available and shall be responsible for the com- for the consideration of each member mencement and completion of work as of the C of cil and the passagepa licwprio oo may be necessary to provide for the the day continuance of electric, communication, printed copy of said ordinance. community antenna television or similar I FURTHER CERTIFY that the above or associated service to the premises and forgoing is a full, true and cor- between the facilities referred to in Section 12 of this Ordinance and the termination of service conne •n cilities on or within the . ilding or structure being serviced, all in accord- ance with applicable ord- , -'_ regulations and tariffs of the respective utility companies on file with the Commission as of the effective date •a the resolution creatin e Dilrca t in accordance with the app quirements of Sta laws and ordinances. rect c th' C� a ,opte arch (Seal) SECTION 14. Authority t+ Dis- continue Overhead Service (a) In the event the owner isr tis n rs of real property within a rdo Ny of ORDINANCE NO. 1414 of y of National City, passed and by the Council of s i& Y on 1974. • City Cie of the C`of Nati I City, Cat ornia AND I HEREBY ERT that the ame has been duly pu is actor/ g o law. ty Clerk of t i City of ational City, alifornia