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HomeMy WebLinkAboutOrdinance 499 N.C.S. 11/04/1957ORDINANCE NO. 499 N. C. S. Introduced by Councilman EVER- ETT MATZEN .'Seconded by Councilman JOHN J. KING I AN ORDINANCE' OF THE CITY ,COUNCIL OF' THE CITY OF PETA- I.UMA PROHIBITING THE, INSTAL LATION; 'OF POWER AND TELE - .PHONE POLES; WIRES; AND OTH- ER OVERHEAD INSTALLATIONS - IN, CERTAIN AREAS OF THE CITY; AND PROVIDING FOR THE UNDERGROUND INSTALLATION OF. BE IT ORDAINED BY THE COUN- CIL, OF THE _CITY OF PETALUMA, Sect�oii L' OVERHEAD WIRES PRO. HIBITED`- DEFINITIONS. "Person" as; used in _this ordinance shall 'be ,deemed and; is hereby declared, to 'include individuals, firms, corpora - tions, co- partnerships, and their agents and employees. "'Utility" 'as used in this ordinance shall be deemed, and is hereby de- clared, to' include all persons sup- _ P plying electric; telephone and tele. graph or similar or associated service by means <of electrical material or devices, included but not limited to wires; cables and conduits. `.Underground district" as used in this ordinance shall be deemed, and is hereby declared, to designate the area described as follows: PARCEL 1: Beginning at the inter- section of the easterly city limits line'of the City of Petaluma with the northeasterly boundary line of Third Street and running thence southerly along the easterly city limits line of the ; City of Petaluma to the south- westerly boundary line of Third Street; thence northwesterly along, tso',�.,,,+r,mnc4arly. 'hnundary line of erly along the northwest- dary •line of `C' Street to :easterly: boundary line of reet; thence northwesterly northeasterly boundary line :Street to the northwesterly line of `B' Street; thence eily along the northwester - ry'aine of `B' Street to the irly boundary line of Fifth ie northwesterly along easterly boundary line: of eet to the northeasterly line.' •of- Keller 1 SfHet;. rthwes`terly alongthe •north - boundary .line of Keller the' southwesterly boundary stern Avenue; thence south - along' the southeasterly line of Western Avenue to i westerly boundary line of Western XVbnue to the northeasterly boundary line of Keller' Street thence north. westerly along the northeasterly boundary, line. of Keller Street to the southeasterly boundary line of Wash- ington :Street thence southwesterly along the southeasterly boundary line of ' Street to the north - easferlii - boundary line of Liberty ne of Was] easterly be A- thence southwesterly ; prolongation of sodtleasterly boundary, line of ­thence thence northeasterly the southwesterly,prolongation c southeasterly boundary line of St'r'eet and: along . the southea PARCEL 2: Beginning at the inter- section of the southwesterly boun- dary line of Howard :Street with the southeasterly boundary line of Bas- sett. Street ;and -running; thence .south- Street to the southeaster line of Western Avenue; erly across English:Street of intersection of the s boundary line of English the southwesterly bound Howard. Street; thence s along the southwesterly b of Howard Street to tt Section. 2. OVERHEAD WIRES PROHIBITED —WHEN. After one hun- dred' eighty, (180) months from the effective date of this ordinance, it shall, be unlawful for any person to erect;. maintain, use, continue to use, . operate, or continue to operate any poles, overhead wires and associated structures for any utility purpose in said underground district except as provided in Sections 4 and 5 and with the further following exceptions: (a) Poles, overhead wires and as- sociated structures to' buildings on premises abutting the perimeter of said underground district; ' (b) .Poles, overhead wires and as- sociated structures across 'Third Street at `H' Street, `G' Street, `D' Street and `C' Street; (c) Poles, overhead wires and as- sociated structures across Washington Street at Keller Street and across Western Avenue at Keller Street- (d) Poles, overhead, wires and as -- soc_iated,.structures acros§ -Main Street at the north city. limits. - Section 3: OVERHEAD WIRES PRO - HIBITED- OWNER'S PREMISES., Aft- er one hundred eighty (180) 'months from the effective date of this ordi- nance, it shall lie unlawful for any person owning real property in said underground district to suspend or to permit any person 'to suspend from said owner's permises any poles, over- head wires and associated ,structures except as hereinafter provided in Sections 4 and 5. Section 4.'OVERHEAD WIRES PRO- HIBITED•= EXCEPTION FOR STREET .LIGHTING: The provisions of this ordinance shall not apply to poles and overhead wires and associated overhead structures used exclusively for street lighting furnished under contract with, the City of Petaluma) or other duly constituted public agen- cies authorized, to provide for such street lighting within the City of Petaluma. / Section 5. OVERHEAD WIRES PRO- HIBITED- EXCEPTION BY SPECIAL PERMISSION. The City Council rnay; in its discretion, grant special./per- mission, on such terms as the City Council may deem appropriate, , in cases of emergency, or unustial or special circumstances, without dis- crimination to any person, to erect, construct, install, maintain, ,use, or operate poles, and overhead wires and associated overhead structures, not- withstanding any other pro /visions of this ordinance. Section 6. OVERHEAD WIRES PRO- HIBITED — NOTICE TO/ REMOVE. Whenever any utility and the City of Petaluma desire to remove any overhead facilities within said under- ground district and replacethe.same with underground facilities, notice of intention so to do shall be given to the City of Petaluma electrical in- spector. Within 30 days after the de- livery of said notice to the city elec- trical inspector it shall be his duty, and he is hereby ;directed, to notify all persons owning real property served by said overhead facilities of the intention to/remove same by leaving a copy of said notice with such owner or with the tenant or occupant of the' real property; and the electrical inspector shall further notify such property owners that if they desire td continue to receive utility service/ they shall make all necessary arrangements with 'the serving utilities so as to receive ser- vice from underground lines at a new delivery point as approved by the city electrical inspector and in ac- cordance with the rules, regulations and tariffs of the utilities applicable thereto and on file with the Califor- nia Public Utilities Commission and the general orders of said Commis- sion. If Any property owner shall fail to make the necessary arrangements in order to receive service from un- derground lines by the date under- ground pull boxes are to be installed pursuant to the notice provided in Section 7 hereof, the city electrical inspector shall, and he is hereby di- the soirtlwesterly boundary line of Main Street 'to the 'northerly city, limits line of the City of Petaluma; thence easterly along the northerly city limits line of the City of Petaluma; to the - northeasterly boundary line of ' Main Street; thence ' south- easterly along the northeasterly boundary line of Main Street to the southeasterly boundary line of Wash - ington Street; thence northeasterly along the ..southeasterly boundary line of- Washington Street to the south - w'esterly bank of Petaluma Creek; "B" Street; thence southwesterly along the northwesterly boundary line of B" Street to the 'northeasterly boundary line of Third. Street; thence southeasterly along the northeasterly boundary line of Third Street to the point' of beginning. rected to, disconnect all service wires from the premises of said property owner, the cost of so doing shall be- come a lien upon the real property theretofore served and the utility shall not be thereafter required to provide service - to the premises of such -owner until such owner makes the necessary arrangenients as pre-' scribed above. !. Section 7: OVERHEAD WIRES,PRO= HIBITED —MODE OF SERVICE. /In said underground' district the utility shall terminate its service' in anf un- derground pull ,box at or as near as practicable to the property line of the building or structure being served; provided, however, that in the event the utility elects to serve a j building or structure from some other loca- tion than adjacent to or at / the prop- erty line in any other approved man- ner, the. provisions of this section shall not be applicable. /The utility shall give to the person owning, oper- ating, leasing or renting such build- ing or structure, thirty /(30) days' ad- vance notice of the date when such pull boxes are to be installed. Section'8. OVERHEAD WIRES PRO- HIBITED— PROPERTY OWNER'S RE- SPONSIBILITY. The underground construction necessary to provrae utility service to the owner's building or structure shall ,be provided by the person owning, operating, . leasing- or- renting said property subject to the applicable rules,/ regulations and tar- iffs of the respective utility or util- ities on with the California Pub- lic Utilities Commission. Section 9. OVERHEAD-WIRES PRO- The City of /_Petaluma shall remove its police and :fire alarm circuits at its 'own expense from all poles now installed in the'underground district, in ample /time to enable the owner or user of said poles.,to remove the same within the time prescribed in this ordinance. — Section 10. OVERHEAD WIRES PRO- HIBITED —FORCE - MAJEUR. In the event /that, any act hereby required by any person herein referred to cannot be performed within the time herein provided on account of short- age/ of materials, strikes, labor dis- turbance, war, riot, restraint by any public authority or court, or any other circumstances beyond the con- trol of said person, then the time within which such act shall be ac- complished shall be extended for a ( period equivalent to the time that said person is delayed by such cir- cumstances. Inability of any utility to obtain agreement of the City. to re- move any of the utility's overhead facilities as required in Section 6 shall be deemed a circumstance be- yond the control of the utility under the provisions hereof. Section 11. OVERHEAD WIRES PRO- HIBITED— COOPERATION BETWEEN CITY AND UTILITIES. Whenever any utility desires to remove any overhead facilities as provided in Sec- tion 6 and the City notifies the utility that the City desires to place over- head facilities ordered by it under. ground at the same time as the utility but does not then have sufficient funds to perform such work, the utility shall delay the work in con- nection with its own facilities until informed by the City that it is pre- pared to, proceed. Any delay occa- sioned the utility by compliance with this section shall be considered as occasioned by circumstances beyond the utility's control under the pro- visions of Section 10. Section 12. OVERHEAD WIRES PRO- HIBITED— PENALTY. Any person vio- latinglany provision of this ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof hall be, punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Each such person shall be deemed guilty of a separate offense for every day such violations, non- compliance or refusal shall continue, and shall be subject to the penalty imposed by this ordinance for each and every such separate offense. Section 13. OVERHEAD WIRES PRO- HIBITED— NOTIFICATION BY PUB- LICATION. Thes,City Clerk shall cause this ordinance to be published once in the Petaluma Argus Courier, a newspaper of general circulation, nublished and printed in the City of Petaluma, and this ordinance shall take effect and be in force from and after the expiration of thirty (30) days after the adoption by the City Council of the City of Petaluma. Ordered published this 21st day of October, 1957. AYES: Councilmen Crinella, Gus- tafson, King; Matzen, Van Bebber, and Mayor Parent. NOES: None. ABSENT: Councilman McCausland. ARTHUR W. PARENT Mayor Attest: GLADYS R. WALLIN City Clerk � �.CS Thpreby certify that. the within - O , rdinanc& was published in iu . It once in the `Petaluma Argus-Couri6r, .-a.. paper of'general circulation, published within , the''City of Petaluma, to- wit :' October "29,' ' t; 1957 and'tha-th said Petaluma Ar Petaluma. us-Courier is the official newspaper of the City Petalu. 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 of the 4th day of November, 1957 by the folloWing vote, to-wit AYES: ,Cqurjcilm.en Gustafson, King Mat.2eh, McCausland, Van Bebber and Mayor. Parent. NOES: None. _.ABSENT: Councilman -Crinella.- Attest (SEAL) City Clerk. The foregoing Ordinance Number 499 N, Q having been regularly passed and presented. to me this .4th day of - November., 1957, .'i's hereby, approved by me this 4th day of November,, 1957. 'EFFECTIVE DATE: December %4, 1957w. 1