HomeMy WebLinkAboutCC Reso No 1986-14RESOLUTION N0. 86-14 I
A RESOLUTION OF
THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ESTABLISHING I
• UNDERGROUND UTILITY DISTRICT N0. 2 ~
(RIVERSIDE DRIVE : LEHR TO LINCOLN)
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WHEREAS, the City Council adopted Resolution No. 86-10 calling
for a public hearing on March 25, 1986, at 7:00 p.m., in the City Council I
Chambers at City Hall, 130 South Main Street, Lake Elsinore, California, '
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to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead ~
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structures and the underground installation of wires and facilities for
supplying electric communication, or similar or associated service within
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that area described as follows:
Riverside Drive, and certain properties having frontage
thereon, from a point just north of Lehr Drive to Lincoln I
Street as shown on Exhibit 'A' attached hereto and made a
part hereof; and, II
WHEREAS, notice of said hearing has been given to all affected
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property owners as shown on the last equalized assessment roll and utili- I
ties concerned in the manner required by law; and, ~
WHEREAS, such hearing has been duly held and all persons inter- ,
ested have been given an opportunity to be heard.
I NOW, THEREFORE, BE IT RESOLVED that the City Council of the
' City of Lake Elsinore does hereby find and determine as follows:
' l. That the ublic necessity, health, safety and I
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welfare require the removal of poles, overhead
, wires and associated structures, and the under-
' ground installation of wires and facilities for ~
' supplying electrical energy, communications or
,
I similar or associated service within that area
' described as follows:
~~ Riverside Drive, and certain properties having frontage II
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thereon, from a point just north of Lehr Drive to Lincoln
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Street as shown on Exhibit 'A' attached hereto and made a I
', part hereof. I
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2. That said described area shall be designated as
Underground Utility District No. 2.
3. That the arterial street in the district is ex-
tensively used by the general public and carries
a heavy volume of pedestrian or vehicular traffic.
4. That said street passes through a civic area, public
recreation area and an area of scenic interest to
i the general public.
' ', 5.
~ That the undergrounding to be accomplished will avoid
or eliminate an unusually heavy concentration of over-
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head distribution facilities.
6. That all of the exceptions set forth in Section 12.16.080
of the Municipal Code are incorporated into and made
I applicable to Underground Utility District No. 2.
' 7.
i That all poles, overhead wires and associated overhead
' facilities shall be removed and underground installations
;
I made in said underground utility district within the
' following times:
i~ (a) Underground installation of electrical
'
, facilities, cable television facilities
and telephone exchange facilities by all
utility companies and property owners and
' re-connections not later than August 1,
I 1987;
i (b) Removal of all poles overhead wires and
I other structures associated with the above
facilities no later than September 1, 1987;
! (c) Underground installation of all telephone
~, trunk line facilities and poles relating
!~ thereto by the telephone utility not later
, than July 1, 1988.
8. That the City Clerk shall, within ten (10) days
after the adoption of this resolution, mail a
copy of this resolution along with a copy of
Chapter 12.16 of the Lake Elsinore Municipal
Code to affected property owners as such are
shown on the Tast equalized assessment role and
to the affected utilities.
PASSED, APPROVED AND ADOPTED this 25th day of March
1986 by the following vote:
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AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION,
VALENZUELA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
ARTA VALENZUEL AYOR
CITY OF LAKE SINORE
ANN MONEYy CITY CLERI
C TY OF LAKE ELSINORE
APPROVED AS TO
JOHN R. HARPER, CITYI ArfTORNEY
CITY OF LAKE ELSINOR~~
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STATE OF CALIFORNIA )
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COUNTY OF RIVERSIDE )
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I, Jo Ann Money City Clerk of the City of Lake Elsinore,
~ DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the
, City Council of the City of Lake Elsinore at a regular meeting of said
Co i 25th I
unc 1 on the da of March 1986 and
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, that it was so adopted by the fol owing vote: ',
~ AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, I
~ VALENZUELA '
'~ NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE ,
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j . AN MONEY, C iY CLERK I,
' TY OF LAKE ELSINORE '
I (SEAL) I
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I STATE OF CALIFORNIA ) _ '
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, COUNTY OF RIVERSIDE )
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I I Jo Ann Money, City Clerk of the City of Lake Elsinore,
~ DO HEREBY CERTIFY that the above and fore oin is a full true and correct
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copy of Resolution No. 86-14 , of said Council, and that the same
has not been amended or reJ peaied.
DATED: March 26, 1986
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j J NN MONEY, CITY C ERK
~I OF LAKE ELSINORE
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SEAL
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Chapter 12.16
UNDERGROUND UTILITY DISTRICTS*
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Sections:
12.16.010 Definitions.
12.16.02A Underground utilitg advisory committee
created--Purpose.
12.16.030 Public hearing--By council.
12.16.040 Public hearing--Report of city manager.
12.16.050 Districts--Designation--Reasons for estab-
lishment.
12.16.060 Unlawful acts.
12.16.070 Exception, emergency or unusual circumstances.
12.16.080 Other exceptions.
12.16.090 Notice to property owners and utility
companies.
12.16.100 Responsibility of utility companies. ~
12.16.110 Responsibility of property owners.
12.16.120 Responsibility of city.
12.16.130 Extension of time.
* For statutory provisions on conversion of electrical
and.communication facilities to underground locations,
see Str. and H. Code §5896.1 et seq.; for provisions on
assessments for the same, see Gov. Code §38793.
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EXHIBIT 1
Page 1:of ~7//
204 PAGE -1'nF~J
12.16.010--12.16.030
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12.16.010 Definitions. Whenever in this chapter 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" means and includes the Public Utilities
Commission of the state.
B. "Person" means and includes individuals, firms,
corporations, partnerships, and their agents and employees.
C. "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 aboveground
within a district and used or useful in supplying electric,
communication or similar or associated service.
D. "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 12.16.050 of this chapter.
E. "Utility" includes all persons or entities supplying
electric, communication or similar or associated service by
means of electrical materials or devices. (Ord. 456 §1,
1968?.
12 16 020 Underground utility advisory committee
created--Purpose. There is created an underground utility
advisory committee consisting of the mayor, city manaqer and
city engineer, and in addition, a representative of the
Southern California Edison Company, a representative of the
General Telephone Company, and a representative from any
other utility company that may have overhead utilities in
the city. The mayor sha11 act as chairman of this advisory
committee. The purpose of this committee is to coordinate
work and plans in connection with the purposes of this
chapter and would resolve the problems in connection with
the creation of long range underground plans as well as
questions concerning technical matters as well as exceptions
to be included in any provisions of any ordinance or resolu-
tions necessary to carry out the purposes of this chapter.
The committee shall report to the city council all of their
findings and recommendations. (Ord. 456 ~2, 1968).
12 16.030 Public hearing--BV council. The council
may, from time to time, ca11 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
~~a~~~~~ ~'~~~ ~~. ~~ ~
205
Exhibit 1
Page 2 of 7 /
rHGE ~OF~
12.16.040--12.16.050
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 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 inter-
ested shall be given an opportunity to be heard. The deci-
sion of the council shall be final and conclusive. (Ord.
456 ~3, 1968).
12.16.040 Public hearing--Report of city manager.
Prior to holding such public hearing, the city manaqer 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 cost to the city and affected
property owners. Such report shall also contain an estimate
of the time required to complete such underqround installa-
tion and removal of overhead facilities. (Ord. 456 §4,
1968) •.
_ 12.16.050 Districts--Designation--Reasons for estab-
lishment. A. I~, 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,
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~ declare such designated area an underground utility district
and order such removal and underground installation. Such
resolution shall include a description of the area comprisinq
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 installa-
tion of such underground facilities as may be occasioned
thereby.
- B. Districts shall be established for one of the
following reasons:
1. The undergrounding to be accomplished pursuant
to this chapter will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities.
2. The streets, roads, or rights-of-way in the dis-
. trict are extensively used by the general public and carry a
heavy volume of pedestrian or vehicular traffic.
3. The said streets, roads, or rights-of-way join
or pass through (use one or more of the following as appro- _
priate):
a. A civic area;
b. A public recreation area;
c. An area of unusual scenic interest to the
,
general public. (Ord. 456 §5, 1968).
J
~'u~~~~~~ ~~~~ ~~. ~~ Exhibit 1
Page 3 of 7 / ~~~,
PAGE __((LOF
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.
206
12.16.060--12.16.080
~ 12.16.060 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 12.16.050, it is 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
property prior to the performance by such owner of occupant
of the underground work necessary for such owner or occupant
to continue to receive utility service as provided in Section
12.16.110, and for such reasonable time required to remove
said facilities after said work has been performed, and
except as otherwise provided in this chapter. (Ord. 456 ~6,
1968) .
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12 16 070 Exception, emergency or unusual circum-
stances. Notwithstanding the provisions of this chapter,
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 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. (Ord.
456 §7, 1968).
12.16.080 Other exceptions. In any resolution adopted _
pursuant to Section 12.16.050, 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 building 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 extend-
ing from one location on the building to another location on
~~°R~~~~ ~'~~~ ~~. ~~ _ Exhibit 1
Page 4 of 7
207 PAGE,~pF~
12.16.090--12.16.110
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~ the same building or to an adjacent building without crossing
- any public street;
F. Antennas, 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;
A. Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction with
construction projects. (Ord. 456 §8, 1968).
12.16.090 Notice to property owners ana utility com-
ap nies. Within ten days after the effective date of a reso-
lution adopted pursuant to Section 12.16.050, 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. 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.
Notification by the city clerk shall be made by mailing
~ a copy of the resolution adopted pursuant to Section 12.16.050,
together with a copy of this chapter, to affected property
owners as such are shown on the last equalized assessment
roll and to the affected utilities. (Ord. 456 ~9, 1968).
12.16.100 Responsibilitv of utilitv companies. If
underground construction is necessary to provide utility
service within a district created by a resolution adopted
pursuant to Section 12.16.050, the supplying utility shall
~ furnish that portion of the conduits, conductors and associ-
ated equipment required to be furnished by it under its
applicable rules, regulations and tariffs on file with the
commission. (Ord. 456 §10, 1968).
12•16.110 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
12.16.100 and the termination facility on or within said
building or structure being served. Sf the above is not
accomplished by any person within the time provided for in
the resolution enacted pursuant to Section 12.16.050, the
city engineer shall give notice in writing to the person in
~Y possession of such premises, and a notice in writing to the
~,x' ~ ~y 9 h ~'mT °+~ ~ p~~ ~
d"~$:3Yy9~~~ ~~~~ C~~. ~ ~
Exhibit 1
Page 5 of 7 Q
208 PAGE V nF I~
12.16.110
~ 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 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 Lake Elsinore; 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 city engineer shall, within
forty-eight hours after the mailing thereof, cause a copy
thereof, printed on a card not less than eight inches by ten
inches in size, to be posted in a conspicuous place on such
premises.
C. The notice given by the city engineer 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-day period,
the said required underground facilities have not been
provided, the city engineer 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 engineer 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
engineer, he shall file a written report with the city
council setting forth the fact that the required underqround
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 time
shall not be less than ten days thereafter.
E. The city engineer shall forthwith, upon the time
for hearing such protests having been fixed, give a notice
in writing thereof to the owner thereof, in the manner
hereinabove provided for the qiving 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
~,: "G~~a~~~A 9`~E~ ~0. ~
Exhibit 1 g _ ~~~.,
Page 6 of 7 ~°~GE ~_~~~~
209
12.16.120--12.16.130
~~ 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 are any, and then proceed to affirm,
modify or reject the assessment.
G. If any assessment is not paid within five 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 engineer, and the
city engineer 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 percent per
year. (Ord. 456 ~11(g), 1968). -
12.16.120 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 12.16.050. (Ord. 456 §12, 1968).
12.16.130 Extension of time. In the event that any
act required by this chapter or by a resolution adopted
pursuant to Section 12.16.050 cannot be performed within the
time provided on account of shortage of materials, war, re-
straint 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 equiv-
alent to the time of such limitation. (Ord. 456 §13,
_ 19b8) •
~ Exhibit 1
~ Page 7 of 7 ~~
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~~~9~~~ ~~~~ ~~.
210 PAGE `~ ~F~