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HomeMy WebLinkAboutCC RESO 93-5RESOLUTION NO. 93-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 20 (Division Street from National City Boulevard to Highland Avenue) WHEREAS, a public hearing was called for Tuesday, January 12, 1993 at the hour of 7:00 p.m. in the Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as follows: Division Street from National City Boulevard to Highland Avenue. WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 20 of the City of National City. Attached hereto, marked "Exhibit A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District; Continued on Page Two Resolution No. 93-5 Page 2 of 3 BE IT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 20, as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by personal service or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. BE IT FURTHER RESOLVED that the Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reason: The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. Continued on Page Three Resolution No. 93-5 Page 3 of 3 PASSED and ADOPTED this 19th day of January, 1993. ATTEST: nne Peoples, City Cle4k a u� APPROVED AS TO FORM: George H. Eiser, III City Attorney Georgjaters, Mayor ESP fD ';441/i0_ • ....... ...... .... • V.V. E.E••,E. / 4:1;) ........................... . . • • •• I tiE LOCATION MAP LEGEND ROLINOARY OF UTILITY DISTRICT COUNTY ASSESSOR'S NOON PARE NO • COUNTY ASSESSOR'S PARCEL NO. DISTRICT NOUSE NO 10 TT ...01* • Tr "IC 0 E - ...... Tt 9' • - • • • ET T.,- • ....... ......................... ........... r • DIVISION • "E: T UNDERGROUND UTILITY DISTRICT 20 IN THE CITY OF NATIONAL CITY A- 7t41 - D'A ORDINANCE NO. 1414 AN ORDINANCE ESTABLISHING REGULATIONS AND PROCEDURES FOR REMOVAL OF OVERHEAD FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS BE IT ORDAINED, by the Council of the City of Notional City, as follows: ARTICLE I UNDERGROUND UTILITIES PROCEDURAL ORDINANCES SECTION 1. This Ordinance may be cited as the Notional City Underground Utilities Procedural Ordinance. SECTION 2. Rules of Construction This Ordinance shall be liberally construed in order to effectuate its purposes and no error, irregularity, informality, and no neglect or omission of any officer in any procedure token under this Ordinance which does not directly affect the jurisdiction of the Council to order the work and improve- ment shall ovoid or invalidate such proceeding. SECTION 3. Purpose and Intent It is the purpose and intent of this Ordinance to provide for the creation of underground utility districts in the City of National City in which poles, overhead wires and associated overhead structures, as hereinafter defined, shall not be permitted. SECTION 4. Definitions Whenever in this Ordinance the fol- lowing words or phrases are used, they shall mean: (a) "City" shall mean the City of Notional City, a municipal corporation in the State of California. (b) "Commission" shall mean the Public Utilities Commission of the State of California. (c) "Council" shall mean the City Council of City. (d) "Underground Utility District" or "District" shall mean that area in City within which poles, overhead wires and associated overhead structures ore 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 and oppurtenonces located above ground upon, along, across, or over the streets, alleys and ways of City and used or usable in supplying electric, communication, community antenna television or similar or associate service. (f) "Utility Company" shall mean and include all persons and entities supplying electric, communication, com- munity antenna television or similar or associated service. (g) "Affected Persons" shall mean the owners of real property located within the District, or proposed District, as shown on the lost equalized San Diego County assessment roll and each occupant of real property located within the District, or proposed District. SECTION 5. Exceptions Unless otherwise provided in the resolution creating the District, this Ordinance and any resolution adopted pursuant thereto shall not apply to the following types of facilities: (a) Poles, and associated overhead structures, used exclusively for street lighting or signalization. (b) Overhead wires (exclusive of sup- porting structures) connecting to build- ings 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. lc) 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 same building or to on adjacent build- ing without crossing any public street. Id) Electric transmission lines of 60,000 volts phase -to -phase and above. (e) Radio antennae, associated equipment and supporting structures for such antennoe, used by a Utility Com- pany for furnishing communication services. (f) Pad mounted transformers, junc- tion boxes, and service terminals on THE pedestals aboveground used to distri- bute electrical, communication and community antenna television or similar or associated service, in the under- ground systems. (g) Temporary poles, overhead wires and associated overhead structures lo- cated on private property, used solely during the course of construction on that private property. (h) Overhead wires to provide tem- porary or emergency service installed subject to the provisions of Section 10 of this Ordinance. (i) New or existing pole to anchor guy wires within the district necessary to support overhead facilities outside the boundary of the district or poles within the district which hove been specifically excepted in the resolution creating the district. SECTION 6. Public Hearing by Council By appropriate resolution the Council may from time to time call public hearings to ascertain whether the public health, safety or general welfare re- quires the removal of poles, overhead wires and associated overhead struc- tures within designated areas of the City and the underground instolloticn of wires and facilities for supplying electric, communication, community an- tenna television or similar or associated service. Each hearing shall be open to the public and may be continued from time to time. At each hearing all persons interested shall be given on opportunity to be heard. The decision of the Council shall be final and con- clusive. SECTION 7. Notice (a) The City Clerk shall notify all affected persons and each utility com- pany concerned of the time and place of the hearings at least fifteen (15) days prior to the date thereof. (b) Notices given under this section may be given either by personal service or by moil. In case of service by mail, each notice must be deposited in the United States mail in a sealed envelope with postage prepaid. Each notice to on owner of real property in District, or proposed District, shall be addressed as such owner's name appears, and at the address listed for such owner, on the last equalized assessment roll of the County of San Diego. Each notice to an occupant of real property in District, or proposed District, shall be addressed to occupant of the street 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 hos been sent within forty-eight (98) hours after the mailing thereof. lc) The City Clerk shall cause the resolution calling a public hearing as set forth in Section 6 of this Ordinance to be published in a newspaper of general circulation as defined in Section 6000 of the California Government Code. Publication of the resolution shall be for one time, not less than five (5) days prior to the date of the public hearing stated in said resolution. SECTION 8. Council May Designate Underground Utility Districts by Reso- lution. If, after the pubic hearing, the Council finds that the public health, safety or general welfare requires re- moval of poles, overhead wires and as- sociated overhead structures and under- ground installation cf wires and facilities for supplying electric, com- munication, community antenna tele- vision or similar or associated service within a designated area, the Council shall, by resolution declare the desig- nated area on 'Underground Utility District and order the removal and underground installation. Immediately following its adoption, the City Clerk shall cause a certified copy of the resolution to be recorded in the office of the County Recorder. The resolution shall include a description and map of the area comprising the District. It shall also provide that the Council shall by subsequent resolution fix the time within which: (i) property in the District must be ready to receive underground service, and (ii) poles, overhead wires and as- sociated overhead structures shall be removed. A reasonable time shall be allowed for removal and underground installa- tion, having due regard for the avail- ability of labor, materials and equip- ment necessary for such removo) and for the installation of such underground facilities cs may be occasioned thereby. SECTION 9. 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 8 of this Or- dinance, it shall be unlawful for any person or utility company to erect, construct, place, keep, maintain, con- tinue, own, employ or operate poles, overhead wires and associated overhead structures in the District on and after the date when overhead facilities are required to be removed by the resolu- tion, except as otherwise provided in this Ordinance. Commencing upon the date when the overhead facilities are required to be removed, the continued existence, presence or maintenance of poles, overhead wires and associated overhead structures in the District shall be and the same is hereby declared to be contrary to the health, safety and general welfare of the public and un- lawful, and the same may be abated summarily or as otherwise provided by law. SECTION 10. Exception by Special Permission and Emergency Situotions Notwithstanding the provisions of this 0rdinonce, 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 and for such durations as the Council may deem appropriate, in cases of unusual circumstances, and where not detrimental to the public health, safety and general welfare and without discrimination as to any person or utility company, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures within the District. SECTION 11. Notification of Affected Persons and Utilities la) Within fifteen (15) days after the effective dote of a resolution adopted pursuant to Section 8 of this Ordinance, the City Clerk of City shall notify all affected utility companies and all affected persons of the pro- visions of the resolution. The City Clerk specifically shall notify the of- fected persons that, if they desire to continue to receive electric, communi- cation, community entenna television or similar or associated service, they shall provide, at their own expense, all necessary facility changes on their premises so as to receive underground service from the lines relocated under- ground of the supplying utility company subject to applicable rules, regulations, and tariffs of the respective utility company on file with the Commission and to all other applicable require- ments of State laws and City or- dinances. (b) Within fifteen (151 days of adoption by the Council of the resolu- tion fixing the time within which con- versions on private property and pole removal must be accomplished, the City Clerk shall further notify all affected utilities ond affected persons that the work required to change the facilities on the premises so as to receive elec- tric, communication, or community antenna television or similar or as- sociated service provided or to be pro- vided by the Utility Company shall be occomplished on or before the ap- plicable date set forth in the resolu- tion. This notice shall also state the date al) poles and related overhead structures are to be removed from within the District. (c) Notices given under this section may be given either by personal service or by mail and in accordance with the provisions of Section 7 of this Or- dinance. (d) Within fifteen (15) days of adoption of the resolution fixing the conversion and pole removal times of the District, the City Manager shall couse copies of the notice, printed on a card not less than eight (8) cinches by ten (10) inches in size and headed "Notice of Pole Removal" in letters of not less than one (I) inch in height, to be posted conspicuously on every pole to be removed within the District. SECTION 12. Responsibility of Utility Companies If underground construction is neces- sary to provide utility service within o District created by any resolution adopted pursuant to Section 8 of this Ordinance, any utility company en- gaging in such underground construc- tion shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under the applicable orders, rules, regulations and tariffs on file with the Commission. SECTION 13. Responsibility of Prop- erty Owners The owner or owners of reol property within a District shall be obligated to and shall be responsible for the com- mencement and completion of work as may be necessary to provide for the continuance of electric, communication, community antenna television or similar or associated service to the premises between the facilities referred to in Section 12 of this Ordinance and the termination of service connection fa- cilities on or within the building or structure being serviced, all in accord- ance with applicable orders, rules, regulations and tariffs of the respective utility companies on file with the Commission as of the effective date of the resolution creating the District, and in accordance with the applicable re- quirements of State laws and City ordinances. SECTION 14. Authority to Dis- continue Overhead Service (o) in the event the owner or owners of real property within a District do not comply with the provisions of Section 13 of this Ordinance within the time provided for in the resolution enacted pursuant to Section 8 of this Ordinance, the respective utility com- panies concerned shall advise the City Manager in writing of the location of such property and thereupon the City Manager shall cause to be posted on such property a written notice on the property being served. (b) The notice required by Section 14(a) shall include the stotement that thirty (30) days after posting of the voice all utility companies are author- ized to discontinue electric, communi- cation, community antenna television or similar or associated service from poles, overhead wires and associated overhead structures. lc) Thirty (30) days after such posting, all utility companies are hereby authorized to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires, and associated overhead structures. SECTION 15. Responsibility of City City shall remove at its own expense all City -owned equipment from all poles, overhead wires and associated overhead structures required to be re- moved hereunder in ample time to enable the owner of the poles, overhead wires and associated overhead struc- tures to remove them within the time specified in the resolution enacted pur- suant to Section 8 of this Ordinance. SECTION 16. Extension of Time In the event that any act required by this Ordinance or by a resolution adopted pursuant to Section 8 of this Ordinance cannot be performed within the time provided on account of short- age 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 o period equiva- lent to the time of such limitation. SECTION 17. Constitutionality If any section, subsection, sentence, clause or phrose of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remoining portions of this Or- dinonce. The Council hereby declares that it would hove adopted the Or- dinance and each section, subsection, sentence, clause or phrase thereof, ir- respective of the fact that cny one or more sections, subsections, sentences, clauses or phrases be declared invalid. BE IT FURTHER ORDAINED that Or- dinance No. 1211 is hereby repealed. PASSED AND ADOPTED this 19th day of March, 1974. 5/KILE MORGAN Mayor ATTEST: S/IONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, California, on March 19, 1974 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Pinson, Reid, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/IONE MINOGUE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the fore- going ardinanace was not finally adopted until seven calendar days hod elapsed between the day of its intro- duction and the day of its final pas- sage, to wit, on March 12, 1974 and on March 19, 1974. 1 FURTHER CERTIFY THAT said or- dinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by c vote of not less than ❑ majority of the members elected to the Council and that there was available for the consideration of each member of the Council end the public prior to the day of itsp=ssoge a written or printed copy of said ordinance. 1 FURTHER CERTIFY thot the above and foregoing is o full, true end cor- rect copy of ORDINANCE Na 1414 of the City of National City, passed and adopted by the Council of said City on Mach 12, 1974. (Seal) City Clerk of the City of National City, California AND I HEREBY CERTIFY that the some hos been duly published according to law. (Seal) City Clerk of the City of National City, California