HomeMy WebLinkAboutResolutions 85-376 N.C.S. 12/16/1985.~ ~
Resolution No. ~~-~7~ N C.S.
of the City of Petaluma, Califomia
RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC NECESSITY, HEALTH, SAFETY
OR WELFARE REQUIRE THE FORMATION OF
UNDERGROUND UTILITY DISTRICTS
AS MORE PARTICULARL,Y DESCRIBED IN THE BODY
OF THIS RESOLUTION
KELLER STREE`I'
WHEREAS, Ordinance No. 893 N.C.S., Chapter 14.36 of the
Petaluma Municipal Code estabiishes a proceciure for the
creation of an underground utility district and requires as
the initial step in such procedure the holding of a public
hearing to ascertain wnether public necessity, heaith,
safety, ~r welfare require the removal of poles, overhead
wires and associated overhead structures and the uncierground
.installation of wires and facilities for supplying electric,
communication or similar or associated service in any such
district; and,
WHEREAS, it has been recommended that such an underground
utility district, hereinafter called District, be formed on
that portion described as shown on the attached description
entitled "Keller St. Underground District";
NOW, THEREFORE, BE IT RESOLVED as follows:
1. NOTICE IS HEREBY GIVEN that a public hearing wi11
be heid by the Council of the City of Petaluma on
January 2~-, 1986, at the hour of 7:00 p.m., or as
soon thereafter as the matter can be heard, in the
Council Chambers of the City Hall, Petaluma,
California, to ascertain whether the public
necessity, health, safety or weifare require the
removal of poles, overhead wires and associated
overhead structures and the underetround
installation of wires and facilities for supplying
electric, communication or similar associated
service in the District herein described.
2. At such hearing all persons interested shall be
given an opportunity to be heard. Said hearing
may be continued from time to time as may be
determined by the City Council.
3. The City Clerk shall notify all affected property
owners as shown on the last equalized assessment
roll and utilities concerned of the time and place
of such hearing by mailing a copy of r.his
resolution to such property owners and utilities
concerned at least ten (10) days prior to the date
hereof .
2
85-376
i~~5. n~o. rv.c.s.
lof4
~. The area proposed to be included in the District
as shown upon that certain map entitled "Keller
tit. No." which is on file in the office of the
Cit.y Clerk of the City ot Petaluma.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App oxezt o
eng. Council of the City of Petaluma at a(Regular) (Adjourned) (~~~~l~~eeting °~
on the _......16th.._...._ day of _....December ................................ 19...85, by the
• •---- • -•-...•••-••••••••--
following vote: .••.-.----
C ~ Attorney
AYES: Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Balshaw, Mayor 11~attei
NOES: None
ABSENT: Bond .~ ~'~~
, ~ ~~ -
~ . .__.....-- ••-•---•-----•-• --•---- ---------------• -•------•-.........._.._...._..__..........
ATTEST: -•----••-~••----•-...••~-•••-•--------------------'•---~f~~~..~iY_..--~--. ~`" ........
City Clerk Mayor
1201-02
cb,~ai F~i~ ...................................
cn ~o-s5 Keller St. x~s. No...8:5.-3.~ ....... N.c.s. 2 of 4
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.
KELLER STREET
. ` UNDERGROUND DISTRICT
Beginning at the centerline of Washington Street and the
cenferline of Keller Street; t°hence, N..67° 40' E. along the
centerline of Washington Street 135 feet; thence, S. 22° 40'
E, being ~para.llel a;nd 100 feet from the nortYieasterly iine.
of KelTer St,.to a point 230 fee:t +,j- southeast of the
southeasterly line of Western Ave,..; tnence, S. 63° 50' E,.
being parallel to the northeasterly Iine of Fifth Street, to
a point that i~ears N. 63° ~0' W°. 70 f`eet from the most
northwesterly line of "B" Street; thence, S. 25° 56' W. 36b
feet, being parallel. to the°~nort'hwesterly iine of "B"
Street; thence, N'. ~.3° 50' W:. to the northwesterly line of
`'A" Street; thence, S. 44° 1~' W. aiong the northwesterly
line of ''A" Street to a point which bears S. 44° 14' W.
114.15 fee-t f:rom the intersection of t:he southwesterly line
of Ke:ller Street and the :northwesterly line of "A" Street;
thence, N. 22° 40' W., being paraTlel and lU~ feet from the
southwesterly line of Kelier 5tr"ee"t to t~he centerline of
Wash°ington Str:eet; thence, N. ~7° ~0' E. along the
centerTine of~WasHington `Street 14`0 feet to the Point of
3eg;'inriing,:
Keller Street 85-376 N;G$ 3 of 4
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UNUERGROUND UTILITY UISTRICTS
.-" Chapter 14.36
UNl)ERGItOUND UTILITY DISTRICTS~
Scclioiis:
14.3b.0.10
~ . :! 4.3b.020
14.36.030
14.36.040
,: 14,.36.050
~ 14.36.060
14.36.070
14:36:080
14.36.090
1.4.36.100
14:36.110
Ucfiiiilionti.
Publin c~ariiib.
Ucsibnalion ~-f~ undcrgruund ulility districts
by council' resolutibn.
Unlawful acts.
Exception for. emergency or unusual circum-
stances. .
O.ther exceptions,
Notice to pro~er.ty owners and utility companies.
Responsi6ilityof utility companies.
Responsibility of property owners.
Responsibility of city.
Extension of time for compliance.
14.36.0] 0 vefinilions.
Whencvcr in this. cha~~ler the worcls o~• ~~liratics hcrciiiafter in
th~ti sec;li~n cJcl'incil arc uucl, tlicy sh~ill havc ll~c res~icctivc
mcani.ngs atisi~;nccl fo lhcm in ~hc I'c~ll~win~; clcl'inilicins:
/~. "Gommissiun" mcans lhc ~~uhlic ulililics cc>mniissii~l5 of thc
slatc;
13. <`Pcrtion" inc;luilc;s indivicluals, fir,ms; c;cirporations,
}~artnerships; and their abcnts and employces;
C. '".Poles; overhead'wires and associatcd overhead sfructuces"
~ mean poles, towers; ,supports, wires, conductors, guys,
stubs, platforms, crossacros, braces, fransformers, insulators,
cu'touts, switches, communication' c'ircuits, appliances;
attachments anci appurtenances located above-ground
witliin a ~istrict and used or useful in supplying electric,
co~nmunication or similar or associated service;
7: "Undergrowid utility district or district" means that area in
the city within which poles, overhead w.ires, ancl associated
~verhead structiices ~ire prohibiied as such area is descritaed
in resolution aclc~~tc~l ptrrsuant fo thc provisions of Scction
' f4.~iG.U30;
TRANSPORTATIbN AND UTILITIES
E. "Utility" incluc:les all ~ersons or entities supplying electric,
communication or si'milar or associated service by means of
electrical materials or devices. (Ord. 893 NCS § I: prior
code § 10.1.)
14.36A20 Public hearing.
The council may from time to fime call pu~lic ~1C8fIIl~S f0
asccrtain whether the public ,necessity, liealth, siifety or welfare
requires the removal of poles, overhea~ wires ancl associated
overfieai~ structures within ilcsignatecl a~cas of thc city and the
underground install.ation of wires <u~d facilitics i'or supplying
electric, communication or similar or associated scrvice. The
city clerk st~all notify all affectecl property ow.i~ers as shown on
the last equalized assessment roll and utilities concerned by mail
of the time and place of such liearing at least fen days prior to
the date, thereof. Each sucli hearing shall be open to ,the public
and may be confinued from time to time. At each such hearing
all persons interested shall be given an opportunity to be heard.
'I'}ie: decision of the council shall be final and conclusive. (Ord.
893 NCS § 1: prior code § 10.2:)
14.36.030 Designation of underground utility districts
by~council resolution. .
If; after any sucli puUlic hearing the council finds that the
public necessity, health, safety and welfare requires such
removal. and such underground irisfallaticm wiflrin a desisnated
area, the; couneil sl~all, hy resolution, declare such designated
area an undcrground utility district ancl ~rclc~~sucli rcmoval and
underground installaiion. Such r.esolution sliall inel_uclc a
elescrip.Gion of the drea comprising such district and sl~all, fix the
time within which such ~emoval and unciergrouncl.installation
shall be accomplished and witllin 'which affected , proper.ty
owners must be ready to receive underground service. A
reasonable time shall be allowed :for such removal and
underground installation~, having due regard for the availability
of labor, materials and eguipment necessary for such removal
" and for the installation of such underground facilifies as may6e
occasioned' thereby. (Ord': $~3 NG~S § I: pcior coc~e § 10.3.:)
~
UNI)ERCROUND UI~ILI'fY DISTRICTS
14.36.040 Unlawful acts.
Whenever the council creates an undergroimd utility district
anci orders the removal of poles, ovcrhe~id wires and associated
overhPad structures therein as provided in Section 14.3(,.030, it
is ~.inlawful for :uiy person or utility to erect, construct, place,
[<ee~~, maintain,. continue, employ or operate poles, overhead
~vires and associatccl overhead struchires in the district after the
.:iate.~;hen such ovechead facilities are required to be removed
,~y such resolut~.on, except as such overhead facilities may be
:eo~:ircd to furnish service to an owner or ocaipant of property
pri•~r ~o the performance by such owner or occupant of the
~_inc.i~rground work. necessary. for such owner or occupant to.
cor~finue to receive utility service as provided in Section
14.36.090, and for such reasonalile time iequired to remove
sac.:fi facilities after such wor!c has been performed, and ex_ce(~t
as oth~rwise provide~l in this chapter. (Ord. 893 NC'S § I: prior
code § 1.0.4.) '
l4'.36.050 Exception for emergency or unusual circumstances.
Notwifhstandin~ the provisions of this. chaptcr, ovcrheaci
facififCes may t~e installed ar.d maintained for a pcriod. not to
ex;:eed ten clays, without aut.hority of the council, in order to
j~rovide emergericy service. The council may grant special
re:-mission on si.ich terms as (he council may dcem a~propriate,
in r.ases o'f unusual circumstance-s; wifhout discrimination as to
any person or utility, to, cre~t, construct, install, maintain, use
or operate poles, overhead wires and associuted overhead
str~ictures. (Orcl. 893 N.GS § l:{~rior code §] 0.5.)
14.36.060 Other exceptions.
In any cesolution adopted pursuant to. Section 14,36.030,
lh~~. city may authorize any or all of the following exceptions:
A. Any 'miinici~~al facilities or cquipment installcd under the
suE~ervision and to the satisfa~tion of thc city cngineer;
l3. Poles, or eleclroliers usecl exclutiively for slreet lighting;
('. Ovcnc~ad wires (cxclusivc of surporting structures) crossing
any ~~ortion of a~listrict wilhin which ovcnc~a~l wires have
l~een •prohihilecl, c~r connecting to buildings on the
~
TRANSPORTATION ANll U1'ILITI~S
periineter of a district, wl~en such wires originate in an area
from which poles, overitead wires and associatcd ovcnc~ad
structures are not prohibited;
D. Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal
voltage in excess of thirty-four thousand and five hundred
volts; .
E. Overhead wires attachecl to the extcrior surface of a
building by means of ~~ bracket or othcr fixture and
extending I~rom onc locafion on thc builcling to another
location on thc samc huilding or to an a~ljarci~t building
without crossinb any public strcc[;
F. Antennae, associatecl eyuipment aiid su~~porting struclures,
used by a utility for„furnishing commw~ication services;
G. Equipment appurtenant to underground tac;ilities,. sucli as
surface moiinted transfonners, pedestal mounted ter-ninal
boxes 5nd meter cabinets, and concealed ducts;
H. Temporary poles, overhead wues and assoeiated overhead
sfructures used or to be used in conjunetion with
construction projects. (Ord. 893 NCS § 1: prior~ code §
10.6. )
14.36.070 Notice to property owners and utility
companies.
Within ten days after the effective date of~ a resolution
adopted pursuant to Section T4.36.030, the citv clerk shall
notify al,l affected utilitics and all pcrsons owning roal propcrty
witfiin the dist'cict created by such reso,lufion of the aclo~?tion
tllereof. The cify clerk shall further notil~y such afFectecl
property owne.~s of fhe necessity that, if thcy or any person
occupying such property desire to continue to receive electric,
communication or similar or associated service, they or sucli
occupant shall provide all necessary facility changes oii their
premises so as to receive such service. from tlle lines of the
~supplying utility or utililies~at a new. location subject fo the
applicable rules, regulations and tariffs of the respective utility
or utilities on file with tlie commission.'
Notification by the city clerk shall be made by mailing a
copy of the resolution adopted piirsuant to Section 14.36.030,
~
~ ~ UNDERGROUND UTIL[TY DISTRICTS
togetl~er witl~ a eo~~y of this chapter, to affected property
`owncrs as suelr are shown on the last equalized assesSinent roll
and to tlie aFfecfed ~rtilities. (Ord. 893 NCS § 1: prior code §
I0.7.)
14.36.080 Responsibility of utility companies.
If underbround construction is necessary to provide utility
serVice w,ithin a district created by any resolution adopted
pursuant to Section 14.36.030, thc supplying utility sliall
fiirnish. that portion of the conduits, conductors and associa#ed
eyui~ment rcquired to be furnished by it under its applicable
rules; reg"iilc~fions ancl tariffs orr file with the commission. (Ord.
893 NCS § I:,prior code § 10.8.)
14.36.090 Responsi~ility of E~roperty owners.
A. Evcry person owning, opcrating, leasing, ocsuEi.y,ing or
reiiting a bi-ildinb or structure witl~in a clistrict sl~all
construct and }~rovide tl~at portion of the service connection
on liis propcrty bctween thz facilities referred to in Section
14.36.080 an~ the' termination facility on or witlYin such
~uil~iinb or structure being served, all in accordance with
appliraUle rules, re~utaCions and taril~l's of' tlie resne~tive
utility or utilitics on file with the commission.
B. In the event any ~ersoii ownii~g, operating, leasing,
oc.cupying or .~cnting such property ~oes `not com~~ly with
tl~e provisions of subsecfion A of this section within tlie
time provicled for in the resohition enact~d 4~ucsuant to
Section 14.36.030, the city engineer shall Post written
notice' on Che property being served and thirty days
thercaftcr shall have the authority to orcler the
diseonnee<tion an~ removal of any and all overhead service
wires ancl associatcd facilities supplying utility service to
such pro~ierty. (Ord. 893 NCS § 1: prior cocie § 10.9.)
14.36.100 Responsibility of cify. .
The city shall remove at its own expense all city-owned
e~~uipmentfrom all poles required to be removed hereunder in
~ (Pel•aluma 7-85)
TRANS['ORTAT40N AND UTILITIES
ample time to enable the owner or user of sucli poles to, rembvc
[lie s~me within the [ime specificd in,the resolution enacted
pursuant to Section 14.36.030. (Ord. 893 NCS § 1:~arior cod'e
§ 10.10.)
14:36.1 10 Extension of time for compliance.
In the event that any act requireci by this cha~~ter or Uy a
resoliition adopted pursuant to Scction 14.36.030 cannot be
performed within the time (irovi~lcd on account of shoctage of
matcrials, war, restraint by public authoritics, strikcs, labor
disfurbances, civil disol~edience or any otl~er circumstances.
~eyond Chc control of the actor, then the time within whi~h
such act will be accom~~lishccl shall ~c extcn~ccl for a~~criod
equivalent to tl~c time of such .limitation. (Ord. 893 NCS § 1;
~~rior c~de § 10. I 1.)
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