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Home My WebLink AboutOrdinance 893 N.C.S. 03/04/1968? 1 ;r 4 R R . : skw -2/2.1/68 O RIGINAL . ORDINANCE 'N0. . 8 , 9 . 31 N. C. S INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN. ORDINANCE AMENDING CHAPTER'10,OF THE OF 1958 TO ESTABLISH - REGULATIONS AND PROCEDURES FOR THE: REMOVAL.OF OVERHEAD UTILITY ,FACILITIES AND THE ATION OF UNDERGROUND FACILITIES :.IN UNDERGROUND UTILITY DISTRICTS, AND REPEALING CHAPTER 10; SECTIONS. 10 -.1 THROUGH 10.12 THEREOF-. BE BE I.TiORDAINED BY THE COUNCIL.OF CITY OF PETALUMA AS FOLLOWS: Section l .. Chapter 10 of the City,Code of 1.958 is hereby amended to read as follows: Section 10.1. DEFINI:T'IONS Whenever -in this chapter the.words- . or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following defin- itions,: ( "Commission" :shall mean the Public'Utilities Commission of i the State of California. (b)' "Underground Utility District" or "District" shall mean th area in the City.within which poles, overhead wir-es,'and associated ;overhead structures are prohibited as such area described in a res ;- olution adopted pursuant to the provisions of Section 10.3 of this chapter. (c) "Person" shall mean.and include individuals, firms, corpor- ations, partnerships, and their agents and employees. (d) "Poles,.overhead wire's and associated overhead structures" shall mean poles, towers, supports, wires; conductors, guys, stubs, platforms-, crossarms,. braces, tran insulators, cutouts, switches-, communication circuits, appliances, attachments and appurtenances lo- cated above - ground within a District -and used.or useful in supplying electric, communication or- similar or as�soci'ated service. (e) "Utility" shall include all persons or entities supplying. eled.tric, commun.ic:ation .or similar or associated service by means of .electrical materials or devices.. Section 10.2. PUBLIC HEARING BY _COUNCIL The Council may from time to time call public hearings to ascertain whether the public necessity, health, sa=fety 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 fac ilities for supplying electric, communication or.similar or associated service. 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 10.:,.3. 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 Under- ground Utility- District and order such removal and-underground instal- lation. Such resolution shall include a description of the area com- prising 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 underground.service. A reasonable time shall be allowed.for such removal and underground.. installation, having due regard for the availability-of...labor, mater- ials and equipment necessary for such removal and for the installa- tion of such underground facilities as may be .occasioned thereby. Section 10.4. UNLAWFUL ACTS Whenever- the-Council creates an Underground Utility District and orders the.removal of poles, over- -2- head wires -and associated overhead structures therein k 'as--p "rovided..,in Section 10.3 hereof , it - shall be unlawful for.. any person or utility _.. to erect; construct, place, keep, maintain, continue, or 'opex, -. ate poles,.overhead wires an'd associated overhead structures. District after the date when said overhead facilities are r•:equired.._..... to be removed by such resolution, except-as 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.pwner or occupant to continue to.receive-util-.. ity service as provided in Section 10.9 hereof; and for such reasonable time required to remove said facilities after said work has been per- formed, and except as otherwise provided in this Chapter. Section-10.5. EXCEPT.I.ON, EMERGENCY , - OR.UNUSUAL.CIRCUMSTANCES : Notwithstanding the provisions of this Chapter overhead facilities may- be-installed and maintained for a period not to exceed-ten (10) days,- without authority of.the Council,-in order to provide- emergency service .-- The Council may grant special permission-on-such terms as the. may deem appropriate,- in cases of unusual.circumstances,.without dis- crimination-as-to any person or utility, to erect, construct; install, maintain, use or operate - poles., overhead wires and associated overhead structures. Section 10.6. OTHER EXCEPTIONS In any resolution adopted; pursuant to Section 10.3 hereof, the City may'authorize any or...all of the following exceptions: (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).crossirig. any portion of -a District within which overhead wires have been pro- hibited, 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.. -3- (d). Poles, overhead wires and associated overhead used f,or the transmission of electric e,ne.rgy at .nominal volt °ages in exxIcess of 34 , 5;00 - volts.: (e) Overhead *Wires attached to the-exterior surface of a build- ing by means of a bracketor. -other fixtur.e.and extending from one lo- cation. on. the building to anothek location- on- the same 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_appurtehant to underground facilities,.such as surface mounted transformers, pedestal mounted terminal boxes -and metericabinets and concealed ducts. (h) Temporary poles overhead wires and associated overhead structures used or to be used in conjunction -with construction pr07. jectse Section 10.70 NOTICE TO PROPERTY .OWNERS AND UTILITY-COM PANIES Within ten (10) days-after the•effective date of a.resol- ution,adopted pursuant - to Section 10.3 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 there= of.• Said City-Clerk,shal.l further notify such affected property owners.of the.necessity that, if they or any person occupying such pro.perty- desire•to continue,to receive electric, commun- ication -or similar or associated service, they occupant shall provide all.ne;cessary•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.respeetve ut'ility.or.utilities on file with.the. Commi s s ion,, Notification by the- City-.Clerk shall be,made by mailing a copy of the resolution adopted pursuant to Section 10..3, together with a_ copy -of this ordinance, to.affected-prope_r=ty owners as shown on the'.last.equalized assessment roll and to the utilities. I 0 0 Section 10.8. RESPONSIBILITY OF UTILITY COMPAN,I ES _. If underground construction is necessary to.provide utility- service with ;in a D'istrict created by any resolution adopted pursuant Section 10.3 hereof, the supplying utility shall furnish that portion of the conduits, conductors-and associated equipment to be furnished' by it under.its applicable rules, regulations and tariffs on file with the Commission. Section 10.9. RESPONSIBILITY-OF.-PROPERTY (a) Every person owning, operating, leasing, occupying or rent- ing.a building or.structure within a.District shall construct and pro- vide that portion of the.service.connect . on on.. his property between the facilities.re'ferred to in Section 10.'8 and the facility on or within said building or structure being served,-all in accordance with.applicable rules,-regulations and"tar f.fs of the respective ; util - ity -or utilities on file with the-Commission. (b) In the event any person owning, operating,-leasing, occupy - ing or renting.said property does not comply with the provisions of subparagraph (a) of this Section 10.9 within the time provided for in the resolution.enacted pursuant-to Sect - ion 10'.3 hereof, the City En- gineer_ shall post written notice on.the property being served and thirty (30) days therea shall have'�the authority to -order the disconnection and removal of any and all overhead service wires and associated facilities. supplying utility service to said property. Section 10.10. RESPONSIB'ILITY-OF-CITY. City shall remove at itsiown 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 res -. olution enacted pursuant to Section 10.3 hereof. Section 10.11. EXTENSION OF_TIME, In the event that any act required by this Chapter-or by resolution adopted pursuant to Section 10.3 hereof 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 circum stances beyond the control of the actor, then the time within such -5- act. will be accomplished shall be. extended for a period equivalent to t of such limitatio-n.. Section 10.12. -CONSTITUTIONALITY. If any section, rub-.-! secti'on sentence, clause�_or phrase-.of this> chapter is for any reason* h4ld to be invalid, such decision shall not affect the validity - ."of the Y. remaining portions of.this Chapter.. The Counci.1-hereby..declares- that - it would have adopted this Chapter and each section, subsection, sen- tence, clause or phrase thereof, irrespectliVe of the fact that any one of more sections, subsections, sentences, clauses phrases be declar I ed invalid. Section 2. Chapter 10, Sections.-10.1 through 10.12 'thereof,.of the Petaluma City Code of 1958 . be, and the.same..are here- by repealed as of the effpctive,. date of this Ordinance. Section--3. The. City - Clerk. -be,; ;and* she is hereby directed to publish this ordinance for the.per-iod and in.the manner requir,ed by the City -Charter. I ORDERED PUBLISHED this Ath -day of March 1968. AYES: COUNCILMEN BATTAGLIA,,, BRAINERD, CAVANAGH, JR., COLIN, JOERGER, LIPMAN AND MAYOR PUTNAM. NOES':- NONE. ABSENT: ,.NONE Attest' I LLIAN ' I , tLIAN NO SEN City Clerk LY4 Mayo 11 C M. 0 F (0 R D i H A G Ei APP, 17 1 j tf ^' I hereby certify that: the within an ordince was _ _ published .in full once °in the - P,etaluma : _Angus- Courier ; a daily .paper of generab circulation,, published "within ',the City 'of .Petaluma, BYO : .. ............... - ............... 19 -. and ihat ihe,said' Petaluma, Argus Courier' is the official newspaper of the City of Petaluma. I hereby certify`that `the whole ;number. of members 'of' the, Council of 'the. City of Petaluma is 'seven, and that the • foregoing ordinance was passed bY..the Council' at its meeting, ofi;. -1. t ._.. ::::..day,:of ;. March 0 .6 by thC:. following: vote, to,wit: - - AYES:: COUNCII] .... alIl2rd ........ • . .............. •- -- -.... COUNCILMAN. ...... J _ 02 rCrer................................ A Y YES: COUNCILMAN - - C;aUd11a Jh -- 7r COUNCILMAN. L , 1jJIriaI1 - - -.. C011n AYES COUNCIL GIAN - ...... ..... ........ _.. -- --- COUNCILMAN MAYOR ......... ........Putnam . .. ........ ................ ..... .... ................ . .. ... NOE$': _NOrie ABSENT.` - _ _COLTric1 ari Bat Cella ATTEST (SEAL), _ n -- CITY, 'CLERK The foregoing. Ordinance Number- 3:,W_: Charter Series; having 'beep regularly passed• and presented to wine - - -- -18Th March 6 8 this .... ............. day of ............. .:.:............ ........................... 19._ ....... I is hereby approved' 'by` me this' ........ -th--•--...Aay i of -- - - -- -- ._. March 19, 68, i `Effective date AP-r_ 17 r 18 6 8 MAYOR