HomeMy WebLinkAbout68-21 Regualtions for Utility FacilitiesORDINANCE NO. 6 8-J
AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA,
ESTABLISHING REGULATIONS AND PROCEDURES FOR THE
REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE
INSTALLATION OF UNDERGROUND FACILITIES IN UNDER-
GROUND UTILITY DISTRICTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Article 5 is hereby added to Chapter IX of the Costa Mesa
Municipal Code which shall be known as the Underground Utility District
Ordinance and which shall read as follows:
Section 9501. 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 described in a
resolution adopted pursuant to the provisions of Section 9503 of this
ordinance.
(c) "Person" shall mean and include individuals, firms, corpo-
rations, 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
appurtenances located above -ground within a District and used or useful
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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 9502. 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, communication, or similar or associated service. The City Clerk shall
notify all affected property owners as shown on the last equalized assessment roll
and to the affected 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 shall be final and conclusive. Prior to holding
such public hearing, the City Engineer 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. Such report shall
also contain an estimate of the time required to complete such underground
installation and removal of overhead facilities.
Section 9503. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY
DISTRICTS BY RESOLUTION.
If, after any such public hearing the 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
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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 9504. 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 9503 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 reso-
lution, 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 9509 hereof, and for such
reasonable time required to remove said facilities after said work has been per-
formed, and except as otherwise provided in this ordinance.
Section 9505. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES.
Notwithstanding the provisions of this ordinance, overhead facilities may
be installed and maintained for a period, not to exceed ten (10) days, without
authority of the Council in order to provide emergency service. The Council may
grant special permission, 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.
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Section 9506. OTHER EXCEPTIONS.
In any resolution adopted pursuant to Section 9503 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 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 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 9507. NOTICE TO PROPERTY OWNERS AND UTILITY
COMPANIES.
Within ten (10) days after the effective date of a resolution adopted
pursuant to Section 9503 hereof, the City Clerk shall notify all affected
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utilities and all persons owning real property within the District created by
said resolution of the adoption thereof. Said City Clerk shall further notify
such affected property owners of the necessity that, if they or any person occu-
pying 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 appli-
cable rules, regulations and tariffs of the respective utility or utilities on
file with the Commission.
Notification by the City Clerk shall be made by mailing a copy of the
resolution adopted pursuant to Section 9503, together with a copy of this
ordinance, to affected property owners as such are shown on the last equalized
assessment roll and to the affected utilities.
Section 9508. RESPONSIBILITY OF UTILITY COMPANIES.
If underground construction is necessary to provide utility service within
a District created by any resolution adopted pursuant to Section 9503 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 rile with the Commission.
Section 9509. 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 9508 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. If the above is not accomplished
52
by any person within the time provided for in the resolution enacted
pursuant to Section 9503 hereof, the City Council, through the City Clerk,
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 (10) days after receipt of such notice.
(b) The notice to provide the 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 Costa Mesa. 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 (48) hours after the mailing thereof. If
notice is given by mail to either the owner or occupant of such premises,
the City Clerk 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 City Clerk to provide the required
underground facilities shall particularly specify what work is required
to be done as determined by the City Engineer and shall state that if
said work is not completed within the thirty (30) days after receipt of
such notice, the City Council 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.
M
(d) If upon the expiration of the thirty (30) day period, the said
required underground facilities have not been provided, the City 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 City 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
City a written report shall be filed with the City Clerk 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 after considering
said report, fix a time and place for hearing protests against the as-
sessment of the cost of such work upon such premises, which said time
shall not be less than ten (10) days thereafter.
(e) The City Clerk 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 five (5) 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 City
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Clerk, and the City Clerk 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. Said
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 per cent (6%) per annum.
Section 9510. RESPONSIBILITY OF CITY
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 9503 hereof.
Section 9511. EXTENSION OF TIME
In the event that any act required by this ordinance or by a resolution
adopted pursuant to Section 9503 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 9512. PENALTY
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 ordinance 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 imprison-
ment 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 ordinance is
MM
committed, continued or permitted by such person, and shall be punishable
therefor as provided for in this ordinance.
Section 9513. CONSTITUTIONALITY
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 portions of this ordinance. The Council hereby declares that it
would have adopted the ordinance and each section, subsection, 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. This ordinance shall take effect and be in full force thirty
(30) days from and after its passage and prior to the expiration of fifteen (15)
days from its passage be published once in the Orange Coast Daily Pilot, a news-
paper of general circulation, printed and published in the City of Costa Mesa,
together with the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this J/ day of on C , 1968.
ATTEST:/��--
`Mayor of t e CCity of Costa Mesa
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk
of the City Council of the City of Costa Mesa, hereby certify that the above and
foregoing Ordinance No.&_64 was introduced and considered section by section
at a regular meeting of said City Council on the 10 " day of 1968,
and thereafter passed and adopted as a whole at a regular meeting o said City
Council held on the Y day of 9 „ , 1968, by the following roll call vote:
AYES: /.-�b. Ri ./'7` G°/u.i,R'"�'dx
NOES:
ABSENT: �'^ k y
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 51 - day of I I , 1968.
Z--
City
—City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I am a citizen of the United States and a resident of the
County aforesaid; 1 am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
amthe Legal Advertising Manager
of the ORANGE COAST DAILY PILOT, a newspaper of gen-
eral circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
Ordinance Number 68-21
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on June %, 1
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed an June 7 '1968.,
at Costa Mesa, California.
v Synetvrn)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No. 68-21 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 20th
day of May , 1962; and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the 3rd—day of June , 19&8 by the
following roll -call vote
AYES: COUNCILMEN - TUCKER, ST. CLAIR, JORDAN, WILSON
NOES: COUNCILMEN - NONE
ABSENT: COUNCILMEN - PIRKLEY
1 FURTHER CERTIFY that said Ordinance No. 68_21 was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
7th —day of June _196-3
City Clerk cind ex -officio Clerk of the City Council
of the City of Costa Mesa
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ATTEST:
.C. X. PIESTu
r
' Cllr Clerks the NeCM:lue, MI 'BYESoIATC : COONCILMEN: Tucker,
COVNTYOOF OR GE 1°' 1166 SI. Cllr. JOFCM, WNsw ,
`CITY OF COSTA MESA ! I NOES: COUNCILMEN: None
I, C. K. PRIEST, C,N Clerk of Me Ctrw ABSENT: COUNCILMEN: employ
of Costa mesa and III" d Clerk M N NA
WITNESS WHEREOF, 1 heves
'CIN Council M the CIN a Cab Mese. w, Jaen City
Cos!?May MI6 Ml dry a
!a rebs NI Met the aWY M k I June. 1965
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