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HomeMy WebLinkAboutORD 525ORD 525̤<žjh£Ÿj¿}¼IORDINANCE NO. 525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK 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 BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 7 of Article VIII, of the Baldwin Park Municipal Code, consisting of Sections 8701 and 8702, is hereby repealed and rescinded, SECTION 2. That Sections 8700 through 8712, inclusive, are hereby added to the Baldwin Park Municipal Code, as Chapter 7 of Article VIII, entitled Underground Utility Districts", to read as follows: 8700. DEFINITIONS. Whenever in this Chapter the following words or phrases are used, they shall have the meanings assigned to them as follows: a) Commission shall mean the Public Utilities Commission of the State of California; 03) P^spn 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." r /?-<!•» 3- BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 525̤<žjh£Ÿj¿}¼IORDINANCE N0.525 Page 2 8701. 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 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." 8702. 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. BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 525̤<žjh£Ÿj¿}¼IORDINANCE NO. 525 Page 3 8705. UNLAWFUL ACTS. Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as pro- vided in Section 8702 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 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 pro- vided in Section 8708 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." 8704. 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 in order to provide emergency or temporary service." 8705. OTHER EXCEPTIONS. Any resolution adopted pursuant to Section 8702 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 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 BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 525̤<žjh£Ÿj¿}¼IORDINANCE NO. 525 Page 4 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; 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," 8706. NOTICE TO PROPERTY OWNERS AND UTILITY COMPAlTTEg":—Within ten 10) days after the effective date of a resolution adopted pursuant to Section 8702 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 8702 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." 8707. RESPONSIBILITY OF UTILITY COMPANIES. If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 8702 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." BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 525̤<žjh£Ÿj¿}¼IORDINANCE NO. 525 Page 5 8708. 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 8707 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 8702 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." 8709. RESPONSIBILITY OF CITY. City shall remove at its own expense ail 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 8702 hereof." 8710. EXTENSION OF TIME, In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 8702 hereof cannot be performed within the time provided on account of 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." BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 525̤<žjh£Ÿj¿}¼IORDINANCE NO. 525 Page 6 8711. 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 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 imprisonment 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 ia committed, continued or permitted by such person, and shall be punishable therefor as provided for in this Chapter," 8712. 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 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 3rd day of July 1968. Q^iS^Jl^ /T'-yYayor ATTEST: c^.^ r. City Clerk BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 525̤<žjh£Ÿj¿}¼IORDINANCE NO. 525__ Page 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THEU»A L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 525____was regularly Introduced and placed upon Its first reading at a__________________ regular meeting of the Ctty Council on the 19th day of June f968« That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the r(^ July day of 1968, by the following vote: OUNCILMEN AYE NAY N.V. ArB, COUNCIUftEN AYE NAY N.V. A.B. ADAiR X2 MOREHEAD Xt CRITES X McCARON. MAYOR X GREGORY X X Indicates Vote A.B. Absent N.V. Not Votlna J^^^^ UA^ THELMA L. BALKUS, CITY CLERK BIB] 37946-U01 ORD-U02 525-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31576-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04