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HomeMy WebLinkAboutORD NO 1837 ORDINANCE NO. 1837 NEW SERIES ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD FACILITIES AND THE INSTALLATION. OF UNDER- GROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. WHEREAS, the Public Utilities Commission of the State of California has found that the citizens of California through their elected officials have indicated a demand for underground electric and communication facilities, and WHEREAS, the Council of the City of Bakersfield has in the past and does now deem it expedient for the public good and welfare of the people of said City that poles, overhead wires, and associated structures should be removed from certain areas within said City and replaced with appropriate underground faci- lities, and WHEREAS, the Commission has promulgated rules and regu- lations governing utilities participation in undergrounding projects, and WHEREAS, the Council desires to participate with the Electrical and Communications Utilities in progressive programs of undergrounding their facilities by establishing appropriate procedures complimentary to the rules and regulations of the Public Utilities Commission. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION I That Chapter 12.27 is hereby added to the Municipal Code of the City of Bakersfield as follows: CHAI~rER 12.27 12.27.010 Definitions. Whenever words or phrases herein defined are used in this ordinance they shall have meanings as follows: (a) "Commission" shall mean the Public Utilities Commission of the State of California. (b) "Underground Utility District" or "District" shall mean 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 IV of this ordinance. (c) "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. (d) "Poles, Overhead Wires and Associated Overhead Structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insula- tors, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a District and used or useful in supplying electric, communication or a similar or associated service. (e) "Utility" shall include all persons or entities supplying electric, communication, cable T.V. or similar or associated service by means of electrical materials or devices. ~ECTION II 12.27.020 At its discretion the City Council may declare a public hearing to ascertain whether the public necessity, health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures in designated areas of the City, and the underground installation of wires and facilities for supplying electric, communication, cable T.V. or similar and -2- associated services. The Council may adjourn and continue the hearing from 'time to time, and its decision as to the formation of an underground Utility District shall be final and conclusive. SECTION III 12.27.030 At least ten days prior to the date set for hearing the City Clerk shall mail notice of the time and date of said hear- ing to all affected utilities and property owners shown on the last equalized assessment roll informing them of their opportunity to appear and be heard. Said notice shall state that should District be formed, all existing overhead communication and electric distri- bution facilities shall be removed in accordance with the provi- sions of this ordinance; that each property owner served from such overhead distribution facilities will be required to provide, in accordance with the Commission's rules for underground service, all changes on his premises necessary to receive service from the underground installation of utilities when made available; that each property owner, if not in possession of the affected property, shall notify 'the occupant thereof; and that'utilities will be authorized to discontinue all overhead services. SECTION IV 12.27.040 If, after conducting such public hearing, the Council should find and determine from the evidence presented, that the public necessity, health, safety, or general welfare require; or when pertinent additional findings as demanded by the rules and regulations of the Commission require the removal and underground- lng of poles, overhead wires, and associated overhead structures within a designated area; then the Council, by resolution, shall declare such designated area as an Underground Utility District and order such removal and undergrounding. Such resolution shall include a description.of the area comprising said district and Shall fix the time within which said removal and underground -3- installation shall be accomplished. A reasonable time shall ~e 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 under- ground facilities as may be occasioned thereby. SECTION V 12.27.050 From the provisions of any resolution adopted pur- suant to Section IV hereof, the City Council may exempt therefrom any or all of the following: (a) Any municipal facility or equipment installed under the supervision and to the Satisfaction of the City. (b) 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. (c) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (d) Antennae, associated equipment and supporting structures used by a utility for furnishing communication service. (e) Equipment appurtenant to underground facilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. SECTION VI 12.27.060 Unless otherwise specified therein the provisions of any resolution of the City Council adopted pursuant to Section IV hereof shall not apply to the following: (a) Poles, or electroliers used exclusively for street lighting. -4- ~ : (b) Overhead wires attached to the exterior surface 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 streets. (c) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with con- struction projects. SECTION VII 12.27.070 Within ten days after the effective date of a resolution adopted pursuant to Section IV 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 said affected property owners of the necessity that should they or any person occupying such property desire to continue to receive electrical, communication, or similar or associated service, they or such occupant must provide all required facility changes in accordance with the rules and regulations of the Commission on their premises necessary for them to receive such service from the new underground lines of the utilities involved. Notification shall be made by mailing a copy of said resolution to the affected utilities and property owners as such are shown on the last equalized assessment roll. Affected utilities shall advise its customers of its underground conversion within a reasonable time, not less than 30 days, prior to the date when said utility expects to provide underground service to the customers' premises. Utility shall contact their customers directly advising them that the work will be accomplished in accordance with their rules and regulations on file with the Commission; indicating the approximate date when their work will commence; and stating the final date as established -5- by resolution by which the premises must be prepared to receive underground service. Failure of any utility to so advise its customers shall not affect the jurisdiction of the City to com- pel the removal of poles, overhead wires and associated overhead structures. SECTION VIII 12.27.080 If underground construction is necessary to pro- vide utility service within a District created by any resolution adopted pursuant to Section IV 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. SECTION IX 12.27.090 (a) Every person owning or occupying 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 VIII and the terminal facili- ties on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utilities on file with the Commission. (b) In the event any person owning or occupying said property does not comply with the provisions of subparagraph (a) of this Section IX within the time prescribed by resolution estab- lishing said district, the City Engineer, upon request by utility, shall mail by registered letter to the owner thereof as shown on the equalized assessment roll, and post a NOTICE OF INTENTION to disconnect overhead services if such conversion facilities are not installed within ten days from the date of posting. If such compliance is not achieved within said ten-day period, the City -6- 'Engineer 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 X 12.27.100 City shall remove at its own 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 resolution enacted pur- suant to Section IV hereof. SECTION XI 12.27.110 In the event that any act required by this ordinance or by a resolution adopted pursuant to Section IV hereof cannot be performed within the time provided because of a 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 accom- plished shall be extended for a period equivalent to the time of such limitation. SECTION XII 12.27.120 Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section IV 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 pro- perty prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to receive utility service and except for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this ordinance. -7- SECTION XlII 12.27.130 Notwithstanding the provisions of this ordinance, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the Council in order to provide emergency service. The Council may grant special per- mission, on such terms as the Council 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 XIV 12.27.140 It shall be unlawful for any person to violate any provision or 'to fail to comply with any of the requirements of this ordinance. Any person violating any provision of this ordi- nance 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 ($500.00) or by imprisonment not exceeding six 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 ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this ordinance. SECTION XV. 12.27.150 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining por- tions of this ordinance. The Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION XVI. This ordinance shall become effective thirty days from and after the date of its passage. o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 1st day of December , 1969, by the following vote: ABSENT COUNCILMEN.- ~ ,,,~..~.~_ ~ ..,/ ABSTAINING COUNCILMEN, CITY CLERK and Ek-Off~cio Cl~rk of the Council of the City of Bakersfield / APPROVED this . 1st [ day of December , 1969 .;C~.:;~.'!..'Z_-:./~~ ~~ ~'':''~ l' F~*~'~?'o~f %~;' ~;ty 'of Bakersfield APPROVED: CITY ATTORneY Affi avi! of Iosling ri inan es STATE 01~ CALIFORNIA, County of Kern MARIAN S. IR~rIN, beins~ duly sworn, deposes and saYS: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ..... ..t..h...e.....2...n....d.....d...R~L..o.~.....D..e...c..~..b..~.~ ..................... 19.~9... she posted on the Bulletin Board at the City Hall, a full, true: and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ........ ~;~t~...L~...d~...c~...D~c~emhe;~19.69.., which ordinance was numbered ......... J,~.?. ...... [ ............. New Series, and entitled: ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD FACILITIES AND THE INSTALLATION OF UNDER- GROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS· · CITY C~ERK - Subscribed and sworn to before me this Notary Public in and fsr the County of Kern, State of California