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HomeMy WebLinkAbout6092_CCv0001.pdf RESOLUTION NO. 6092 A RESOLU'T'ION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 12 ALONG TERRACING BOULEVARD BETWEEN BROOKSIDE AVENUE AND OLIVE AVENUE WHEREAS, by Resolution No. 6091, a duly noticed public hearing was called for December 3, 2002, at the hour of 7:00 p.m. in the Council Chambers at the Redlands Civic Center, 35 Cajon Street, Redlands, California to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric,communication, or similar or associated service along Terracina Boulevard between Brookside Avenue and Olive Avenue; and WHEREAS, notice of such hearing has been given by the City Clerk of the City of Redlands to all affected property owners, as shown on the last equalized assessment roll, and utilities in the manner and for time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested in the matter have been given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The City Council hereby finds and determines that the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service on Terracina Boulevard between Brookside Avenue and Olive Avenue, and such described area is hereby established as Underground Utility District No. 12 (the District). Section 2. That all poles,overhead wires and associated overhead structures shall be removed and underground installations made in the District for the preservation of palms along Terracina Boulevard between Brookside Avenue and Olive Avenue. Section 3. That the City Clerk, within ten (10) days after the adoption of this resolution, shall mail a copy hereof and a copy of Chapter 12.36 of the Redlands Municipal Code to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. ADOPTED, S[GNED AND APPROVED this 3rd day of December, 2002 CITY OF REDLANDS, CALIFORNIA -7e-- ATTEST: .ATTEST: Karl N. Haws, Mayor Lorri Poyzer, it . crk 1, Lome Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of December, 2002, by the following vote: AYES: Councilmembers Peppier, Gilbreath, George, Harrison; Mayor Haws NOES: None ABSENT: None ABSTAIN: None CorriePoyz r, City r City of Rlands BRSIDE--AVE, sl L � '�. CQR-BeVA AVE, CAR \ MATCH LINE TO SHEET 2 A il aw �Tr UNDERGROUND UTILITES DISTRICT NO, 12 DRAWN Wf' =i- ar [f-s oL SHFET TERRACINA BLVD. - BROOKSIDE AVE. TO OLIVE ST, cWMIQ BY, RIS o-Jaw, DF T PUILM KIIXi tIEPA9T14]lT MATCH LINE TO SHEET 1 .QH L S E A 'Z.7 . A N .G UNDERGROUND UTILITCS DISTRICT NO, 12 BRAN Br- GQ �r ]I-5 az fir_ 2 TERRAUNA BLVD, - HROCKSIAE AVE. TO aLIVE ST, CHECWD BY, R!F [=-L" OF .,,..,ry 9 wu" DIVISION III. UNDERGROUNDING Chapter 12.36 UNDERGROUND UTILITY DISTRICTS 12.36.010 Definitions generally. Whenever in this chapter the words or phrases defined in Sections 12.36.020 through 12.36.060 are used, they shall have the respective meanings assigned to them in the definitions set out in those sections. (Prior code § 93000) 12.36.020 Commission defined. "Commission" means the Public Utilities Commission of the State of California. (Prior code § 93001) 12.36.030 Person defined. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees. (Prior code § 93003) 12.36.040 Poles, overhead wires and associated overhead structures defined. "Poles, overhead wires and associated overhead structures" means 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. (Prior code§ 93004) 12.36.050 Underground utility district or district defined. "Underground utility district" or"district" means 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 12.36.100 of this chapter. (Prior code§ 93002) 12.36.060 Utility defined. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Prior code § 93005) 12.36.070 Public hearing. 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, communication, or similar or associated service. The Council shall call such hearings only upon making a determination that the City or a public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users` connections to underground electric or communication facilities, or upon receiving a petition which satisfies the requirements of Section 12.36.080. The City Clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and all utilities concerned by mail of the time and place of such hearings at least fifteen 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 shall be final and conclusive. (Ord. 1931 § 15, 1986: prior code§ 93100) 12.36.080 Initiation of proceedings by petition. A. Proceedings for a conversion may be initiated by petition. The petition shall: 1. Describe the proposed assessment district, as provided in Section 5181 of the California Streets and Highways Code; 2. Generally describe the proposed conversion; and 3. Request that proceedings for such conversion be taken. B. The petition shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the City, owning lands constituting more than one-half of the area of all assessable lands within the proposed assessment district. The petition shall be filed with the City Clerk, who shall thereupon check or cause said petition to be checked. If the petition is signed by the requisite number of qualified signers, the Clerk shall execute a certificate of sufficiency and present said petition and certificate to the City Council. (Ord. 1931 § 16, 1986: prior code § 93100A) 12.36.090 Report by Director of Public Warks. Prior to holding such 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 extent of such utilities` participation and estimates of the total costs to the city and affected property owners. The report shall also contain an estimate of the time required to complete underground installation and removal of overhead facilities. (Prior code§ 9310 1) 12.36.100 Designation. If, after holding a public hearing, the Council finds that the public necessity, health, safety or welfare requires the removal and underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order removal of overhead facilities and underground installation. The resolution shall include a description of the area comprising said 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 the removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for removal and installation of such underground facilities as may be occasioned thereby. (Prior code § 93102) 12.36.110 Unlawful acts. 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 12.36.160 of this chapter, 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 such 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 property prior to the performance by owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 12.36.160 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Prior code § 93200) 12.36.120 Emergency or unusual circumstances. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty 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. (Prior code § 93201) 12.36.130 Exceptions. In any resolution adopted pursuant to Section 12.36.100 of this chapter, 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 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; D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred 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. treet;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. (Prior code § 93202) 12.36.140 Notice to property owners and utility companies. A. Within ten days after the effective date of a resolution adopted pursuant to Section 12.36.100 of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within district created by such resolution of the adoption thereof. The City Clerk 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. B. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.36.100, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Prior code § 93203) 12.36.150 Utility company responsibility. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.36.100 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. (Prior code § 93204) 12.36.160 Property owner responsibility. A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the underground service connection on his property between the facilities referred to in Section 12.36.150 and the termination facility on or within said building or structure being served. if the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 12.36.100 hereof, the Director of Public Works shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. B. The notice to provide required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Redlands. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Director of Public Works shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printedon a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the 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 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 Gen upon such property. D. If upon the expiration of the thirty-day period, the 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 underground 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 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 the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground 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 days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Director of Public Works and the Director of Public Works is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. The assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable shall bear interest at the rate of six percent per annum. (Prior code§ 93205) 12.36.170 Responsibility of City. The 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 pursuant to Section 12.36.100 of this chapter. (Prior code§ 93206) 12.36.180 Time extension. In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.36.100 of this chapter 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. (Prior code § 93207) 12.36.190 Violation--penalty. It is unlawful for any person to violate any provision or to 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 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 chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Prior code§ 93208)