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HomeMy WebLinkAboutOrdinances_1375_CCv0001.pdf ORDINANCE 1375 AN ORDINANCE OF THE CITY OF REDLANDS ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS . THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION ONE - DEFINITIONS Whenever in this ordinance 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" 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 de- scribed in a resolution adopted pursuant to the provisions of Section 4 of this ordinance. (c) "Person" shall mean and include individuals, firms, cor- porations , 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, insulators , cutouts, switches, communication circuits, appliances, attachments, and appur- tenances located above-ground within a District and used or useful in supplying electric, communication or similar or associated service. (e) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices . SECTION TWO - PUBLIC HEARING BY COUNCIL The 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 overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communi- cation, or similar or associated service. The City Cleric 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 exceed thirty ( 30) 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 discrimina- tion as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures . SECTION SEVEN - OTHER EXCEPTIONS In any resolution adopted pursuant to Section 4 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) crossing 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. (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 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 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 EIGHT - NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES Within ten (10) days after the effective date of a resolution adopted pursuant to Section 4 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within District created by said resolution of the adoption thereof. Said City Clerk shall further notify such affected property owners of Ordinance No. 1375 Page three If notice is given by mail to either the owner or occupant of such premises, the Director of Public Works shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises . (c) The notice given by the Director of Public Works to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty ( 30) days after receipt of such notice, the Director of Public Works will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If upon the expiration of the thirty ( 30) day period, the said required underground facilities have not been provided, the Director of Public Works shall forthwith proceed to do the work, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Public Works shall in lieu of providing the required underground facilities, 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. Upon completion of the work by the Director of Public Works, he shall file a written report with the City Council setting forth the fact that the required under- ground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises , which said time shall not be less than ten (10) days thereafter. (e) The Director of Public Works shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to thw owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required under- ground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. ( f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within fifteen (15) days after its confirmation by the Council, the amount of the assessment Ordinance 1375 Page five The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts . This ordinance shall become effective on the 30th day after the date of its adoption. SECTION 16 - EFFECTIVE DATE This ordinance shall take effect and be in force thirty (30) days from and after its adoption. 4ay /�r of Rolands ATTEST: Z/" Z�L Ci erk APPROVED FOR FORM: s/ Edward F. Taylor City Attorney I , Peggy A. Moseley, City Clerk, City of Redlands, hereby certify that the foregoing ordinance was introduced and read on the 20th day of August 1968, and passed and adopted on the 3rd day of September 1968, by the following vote: AYES : Councilmen Martinez, Cummings, DeMirjyn, Knudsen, Mayor Burroughs NOES : None ABSENT.- None Ci erk, City of lands Ordinance 1375 Page seven