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HomeMy WebLinkAboutOrdinances - No. 937ORDINANCE NO. 937 AN ORDINANCE OF THE CITY OF LODI ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTAL- LATION OF UNDERGROUND FACILITIES IN UNDER- GROUND UTILITY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LODI, CALLFORNU, AS FOLLOWS: ' Section 1. 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) %ommissionfl 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 pu ordinance. nt to the provisions of Section 3 of this hall mean and include individuals, firms, corpora- tions , partner ships , their agents and employees. (d) "Poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crosBarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a District and used or useful in supplying electric, comnnunication or- similar or associated service. (e) electric, communication or similar or associated service by means of electrical materials or devices. "Utility" shall include all persons or entities supplying (f) "City Engineer" shall mean the duly appointed and acting City Engineer of the City of Lodi. 4 - 1- .. (g) "City Council" shall mean the Council of the City of Lodi . Section 2. 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 struchqes within designated areas of the City and the underground installation of wires and facilities for supplying electric , communication, or similar or associated service. owners as shown on the last equalized assesgment roll and utilities concerned by mail of the time and place of such hearings at least ten (10) days The City Clerk shall notify all affected property prior to the date thereof. Each such hearing shall be open to the be continued from time to time. rested shall be given an opportunity to be heard. At each such hearing The decision of the Council shall be final and conclusive. - Section 3. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION Jf, 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 Wnderground Utility District and Such resolution eha digtrict and shall fix the time within which such removal and underground r such removal and underground installation. lude a description of the area comprising such \ installation shall be accomplished and 'within which affected property owners must be ready to receive underground service. time shall be allow for such removal and underground installation, having 'due regard for availability of labor, materials and equipment necessary for such re a1 and for the installation of such undereround facilities as may be occasioned thereby. A reasonable -2- Section 4. UNLAWFUL ACTS Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated over- head structures therein as provided in Section 3 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and asso- ciated overhead structures in the District after the date when said over- head facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an nt 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 9 hereof, and for such reasonable time required to remove said facilities after said work has been this ordinance. rformed, and except as otherwise provided in Section 5. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES Notwithstanding the provisions of this ordinance, overhead facilities may be in fourteen (14) days, provide emergency . The City Council may grant special permission and maintained for a period, not to exceed t authority of the City Council in order to on such terme as the City Council may deem appropriate in cases of unusual circumstanc out discrimination as to any persan or utility, to erect, co install, maintain, use or operate poles, overhead wires and 'ated overhead structures. b Section 6. HER EXCEPTIONS any resolution adopted puisuant to Section ise provided in such resolution, not apply itiee: (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) Poleg, overhead wires and associated overhead structures used €or the transmission of electric energy at nominal voltages in excess of 34,500 volts. (e) Overhead wires attached to the exterior surfac'e of a building by means of a bracket or other fixture and extending from one loqation on the building to another location on the same building or to an adjacent building without crossing any public street or alley. 1 (f) Antennae, associated equipment and supporting etructures, 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. poles, overhead wires and associated overhead used in conjuhction with construceon projects. Section 7. NOTICE TQ PROPERTY OWNERS AND UTILITY COMPANIES Within ten (10) days after the effective date of a resolution adopted pursuant to Section 3 hereof, the City Clerk shall notify all affected utilities and ersons owning real property within the District created by said redohtion of the adoption thereof. further, notify such af Said City Clerk shall or any person"occup such property desire to continue to receive ' -4- electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises 80 as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commisgion or adopted by the City of Lodi. l Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 3, together with a copy of the ordinance, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 8. RESPONSIBILITY OF UTILITY COMPANIES If underground construction is necessary to provide utility $ervice within a District created by any resolution adopted pursuant to Section 3 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 CorPlmiseion or adopted by the City of Lo&. Section 9. RESPONSIBILITY OF PROPERTY OWNERS (a) Every person owning, operating, leasing, occupying or renting a building o and provide that portion of the service connection on his property between the facilities referred to in Section 8 and the termination facility on or within said building or structure being eerved, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission OF ‘adopted by the City of Lodi. structure in a District shall perform construction .. (b) In the event any person owning, operating, leasing, occupying or renting said property doys not comply with the provisions of subparagraph (a) of the Section 9 within the time provided for in the resolution enacted pursuant to Section 3 hereof, the City Engineer shall post written notice in a conspicuous place on the property being served and give written notice by mail to all customers being billed for the utility on the property being served thirty (30) days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility eervice to eaid property. , Section 10. RESPONSIBILITY OF CITY City shall remove at its own expense all City-owned equip- ment from all poles required to be removed hereunder in ample time to enable the owner pr user of such poles to remove the same within ~' the time spe Section 1 I, EXTENSION OF TIME Pn the event that any act required by this ordinance or by a resolution adopted pqrguarnt to Section 3 hereof cannot be performed within the time provided on account of shortage b of materials, war, restraint by public authorities, strikes, labor dietwrbances, civil dieobedience, or any other circumgtances beyond the control of the sector, then t&e time within which s a period Bquivalent ta the time of such limitation. act will be accomplished shall be extended for Section 12. PENALTY awful for any person to violate any provision any of the requirements of this ordinance. provision of this ordinance OF failing to comply nts shall be deemed guilty of a misdemeanor Five Hundred Dolla (6) months, or by both such fine and imprisonment, $500.00) or by imprisonment not exceeding six' Each such pereon i 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 therefore as provided for in this ordinance. Section 13. CONSTITUTIONALITY section, sub-section,* sentence, clause or phrase of s for any reason held to be invalid, such decision ehall The not affect the validity of the remaining portions of this ordinance, ,. Council heieby declares that it would have adopted the ordinance and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses I ees' be declared invalid. 1 .. . Section 14. PUBLICATION The City Clerk is hereby directed to cause this ordinance to be publishkd by one insertion in the Eodi News Sentinel, a newepaper general circulat nd circulated in City and hereby designated shall take effect and be in forqe th day of October, 1970. I BEN SCHAFFER, Mayor , Attest: BESSIE L. BENNETT City Clerk State of California, County of San Joaquin, 8s. I, Bessie L. Bennett, City Clerk of the City of Lodi, hereby certify that Ordinance No. 937 was introduced at a regular meeting of the City Council of the City of Lodi held September 16, 1970, and was thereafter passed, adopted and ordered to print at a regular meeting of eaid Council held &tober 7, 1970 ,by the following vote: Ayes: Councilmen - EHRHARDT, HUGHES, KATNICH, KIRSTEN and SCHAFFER Bessie E. Bennett City Clerk ance No. 937 was approved and date of its passage and the same has City Clerk -8-