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
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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
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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.
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~ : (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
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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
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'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.
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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