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HomeMy WebLinkAboutNS-949ORDINANCE NS-949 AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING CHAPTER 5 TO ARTICLE VI THEREOF ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERI{EAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Aha Municipal Code is hereby amended by adding Chapter 5 to Article VI thereof to read in words and figures as follows: CHAPTER 5 - UNDERGROUND UTILITY DISTRICTS Part 1 - Regulations and Procedures Section 6510. Definitions. 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 definitions: (a) COMMISSION The Public Utilities Commission of the State of California (b) UNDERGROUND UTILITY DISTRICT or DISTRICT That area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 6513 of this Chapter. (c) PERSON Individuals, firms, corporations, partnerships, and their agents and employees. (d) POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located above-ground within a District and used or useful in supplying electric, communication, or similar or associated service. (e) UTILITY Ail persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. Section 6511. Public Hearing by city Council. The city 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 over- head 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. The Clerk of the Council 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 City Council shall be final and conclusive. -1- Section 6512. Report by the Director of Public Works. Prior to holding such public hearing, the Director of Public Works shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the estimates of the extent of such utilities' participation and 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. Section 6513. Council May Designate Underground utility Districts By Resolution. If, after any such public hearing the City 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 installation. 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 underground 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. Section 6514. Unlawful Acts. Whenever the City Council creates an Underground utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 6513 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 ~equired 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 provided in Section 6519 of this Part, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter. Section 6515. Exception, 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 Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission, on such terms as he may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate poles, overhead wires and associated overhead structures. Section 6516. Other Exceptions. This Chapter and any resolution adopted pursuant to Section 6513 of this Part shall, unless otherwise provided in such resolution, not apply to the following types of facilities: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public works. (b) Poles, or electroliers used exclusively for street lighting. -2- (c) Overhead wires (exclusive of supporting structures) crossing over 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 over- head 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 surfact 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 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 underground 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. Section 6517. Notice to Property Owners and Utility Companies. within ten (10) days after the effective date of a resolution adopted pursuant to Section 6513 of this Chapter, the Clerk of the Council shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said Clerk of the Council 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 Clerk of the Council shall be made by mailing a copy of the resolution adopted pursuant to Section 6513, together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 6518. Responsibility of Utility Companies. If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 6513 of this Chapter, 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. Section 6519. 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 6518 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. -3- (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 6513 of this Chapter, the Director of Public Works 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. Section 6520. Responsibility of City. The City shall remove at its own expense all city-owned equip- ment 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 6513 of this Chapter. Section 6521. Extension of Time. In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 6513 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 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. Section 6522. Penalty. It shall be unlawful for any person to violate any provision or 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 exceeding Five Hundred Dollars ($500) 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 is committed, continued, or permitted by such person, and shall be punishable therefor as provided for in this Chapter. Section 6523. 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 City 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 2: The Clerk of the Council is hereby directed to cause this Ordinance to be published by one insertion in a newspaper of general circulation in the City and designated for that purpose by the City Council. SECTION 3: That this Ordinance is urgently required for immediate preservation of public peace, health and safety. The following is a specific statement showing the urgency of this Ordinance: the The undergrounding of utilities will reduce obstructions to vision, thereby increasing safety of motorists and pedestrians; the hazard of falling power lines will be eliminated; interruption of service will be minimized, and the aesthetic qualities of the City will be enhanced; therefore, the City Council declares that this Ordinance shall take -4- effect as, and is adopted as, an emergency measure to be in force from and after its publication. PASSED AND ADOPTED by the City Council of the City of Santa Ana as an emergency measure at a regular meeting held on the 18th day of November, 1968. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was regularly introduced to and considered by said Council at its regular meeting held on the 18th day of November, 1968, and was at said meeting regularly passed and adopted by said Council as an emergency ordinance by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -5-