HomeMy WebLinkAboutOrd. No. 1968-456-4571 25~
ORDINANCE"N0. 456
AN ORDINANCE OF-THE CITY OF ELSINORE, CALIFORNIA,
PROVIDING FOR UNDERGRCUND UTILITY DISTRICSS,
.ESTABLISHING REGULATIONS AND PROCEDURES FOR THE
REMOVAL OF OVERHEAD UTILITY FACILITIES AND-THE .
INSTALLATION OF UNDERGROUND UTILITY FACILITIES,
PROVIDING FOR AN UNDERGROUND UTILITY"ADIVSORY
COMMITTEE.
- The Mayor and City Council of the-City of Elsinore, California,
do ordain 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:
(e) "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 over-
head structures are prohibited as such area is described in a resolution adopted
pursuant to the provisions of Section 5 of this ordinance.
(c) ".Person" shall mean and include individuals, firms, corpor-
ations, partnerships, and their agents and employees.
(d) "Floes, 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 in supplying electric, communication or similar
or associated service.
(e) "Utility° shall include a11"persons or entities supplying
f. electric, communication or similar or associated service by means of electrical:
materials or devices.
SECTION 2: .INSTALLATION OF AN UNDERGROUND UTILITY 'ADVISORY
COMMITTEE.
There is hereby created an Underground Utility Advisory Committee
,.consisting of the Mayor, City Manager and City. Engineer of the City of Elsinore
and in addition, a representative of the Southern California Edison Company, a
representative of the General Telephone Company, and a representative fry any
other utility company that may have overhead utilities 3n the City.- The Mayor
shall acts chairman oP this advisory committee. The purpose'of this committee
is to coordinate work and plans in connection with the purposea:of this ordinance
and would resolve the problems in connection with the creation oP long range
underground plans as well as questiong concerning technical matters as walh_as
exceptions to,be included in'eny provisions oP any ordinance or resolutions
necessary to carry out the purposes of this ordinance. The ccmmiittee shall report
to the City Council of the City of Elsinore, California all°their findings and
recommendation.
SECTION 3: P'[JBLIC 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'Gity and the underground installation oP"
wires and facilities for supplying electrrc communication, or similar or
associated service. The City Clerk 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 sn
opportunity to be heard. The decision of the Council shall be final and conclusive.
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SECTION 4: REPORT OF-CITY MANAGER
Prior to holding such public hearing, the City Manager shall .
consult with all affected utilities, and shall prepare a report for submission
at such hearing containing, among other:iaformation, the: extent of such utilities
participation and sestimates oP the total cost to the City and affected property
owners. Such report shall also contain an estimate of the time required to
complete such underground installation end removal of overhead facilities."
SECTION 5; COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRI~°1'S
BY RESOLUTION. _
If, after any such public hearing the Council finds that the
public necessity, health, safety or welfare requires suchremovaland 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,undergrouttd installation. .Such resolution shall include
e description oP 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 xemoval and underground installation,
having due regard for the availability of labor, materiels and equipment necessary
for such removal and for the installation of such underground facilities as may be
occasioned thereby:
Districts shall be established for one of the following reasons;
1. 'The undergrounding to be accomplished pursuant to this
ordinance-will avoid'. or ,eliminate an unusually heavy concentration of over- ,
head distribution:facilities.
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2.L The streets, roads, or right-of-way in the District are
extensively used by the general public and .carry a-heavy volume of pedestrian
or vehicular traffic.
3: The said streets, roads,. or right~f-way ;join or pass
through (use one or-,more of the following as appropriate); (e) A Civic area,
(b) A public recreation area, (c) an area of unusual scenic interest to the
Il general public.
SEC.CION $t` 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 5. hereof, 3t shall be unlawful for any person or-
utility to erect,.'.construct;.:place; keep, maitttain, continue, employ or-operate,-
poles; overhead wires and associated overhead s#ructures in~•thec~Ifilsb~iet "after
the.~date whenrsaid overhead facilities ere required to be removed by such
resolution, except as said'bverhead facilities mey`be required to ilxrnish service
to an owner or occupant of property prior to the performance by such owner or
occupant of thee. underground. work.. necessary forlsueh owner or occupant to
continue to receive utility service as provided in Section~.ll hereof, and for -
sueh reasonable time required to-remove saidrfacilitiea after skid work has-been
performed, and except as otherwise provided in this ordinance.
.SECTION 7: "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
ti~ appropriate; in cases of unusual.,c3reumstances, without discrimination as to
any person or utility, to erect, construct, install, maintain, use or operate
poles, overhead wires and associated overhead structures.
SECTION 8: OTHER EXCEPTIONS,
In' eryy -resolution adopted pursuant to Section 5 hereof, `the City
may authorize.any:or,.alloY the following exceptions:.
(a) -A~y 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 oP a.District within_which overhead wires have been prohibited,- or
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connecting to building on the perimeter of a District, when such wires originate
in an area frwn 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
3~+, 500 volts.
(e) Overhead wires attached to the exterior surface of a
building by means of a bracket or other fixture and extending form 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 e 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 9: NOTTCE TO PROPERTY OWNERS AND UTILITY COMPANIESS
Within ten (10) days after the effective date of az: resolution
adopted pursuant to Section 5 hereof, the City Clerxk.shall notify all affected
utilities and all persons owning real property ftithin 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
occupying such property desire to continue to receive electric, communication, or
similar o~ associated service, they or such occupant shall provide all accessary
facility changes on their premises sous to receive such service from the Linea
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 5, together with s copy
of this ordinance, to affected property owners ea such are shown>on the last
equalized assessment roll and to the affected utilities.
SECTION 10: RESPONSIBILITY OF UTILITY COMPANIES
If'underground construction is necessary to provide utility
service within a District created by s resolution'edopted pursuant to Section 5
hereof, the applying utility shall furnish that portion of the conduits, -
conductorsand associated equipment required to be furnished by it under its
applicable rules; regulations and tariffs on file with the Commissmon.
SECTION 11; RESPONSIBILITY OF PROPERTY OWNERS
(a) Every person owning, operating, leasing, occupying or renting .
a building or structure within a District shall consturct and provide that portion
of the service connection on his property between the facilities referred to in
Section 10 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 3n the resolution enacted pursuant to Section § hereof, the City
Engineer shall give notice in writing to the person in possession of such premises,
and a notice'in writing to the; owner thereof ea shown on theslast equalized
esseesment roll, to provide the required underground facilities within.ten (10)
days after receipt of such notice.
(b) The notice to provide the required underground fadlities
may be given either by personal service or by mail. :In cese of service by
mail on either: of such persona, the notice must be deposited in the United States
mail ~n 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 owners name appears, and must be addressed to such
owners last known address as the same appears on the Pest equalized assessment roll,
and when no address appears, to General-Delivery, City of Elsimre if notice
is given by mail, such notice shall be deemed to have been received by the person to
wham it hasbeen sent within forty-eight (48) hours after the mailing thereof.
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If notice is given by mail to either the. owner or occupant of such premises, the
City. Engineer shall, within forty-eight (48),hours after the mailing thereof, cause
a copy thereof, printed on a card not less than eight (8) inchee,by ten (10) 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 ease the coat 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 Gity 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 acy;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 Covncil setting forth the fact that the required underground facilities
have been provided and the cost thereof, together .with e. 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 City Engineer shall forthwith, upon the time for hearing
such protests having been faxed, give s notice ih 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 by atiy,
and then proceedto affirm, modify- or reject the assessment.
{g) If atyy 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 Gity 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 hea not been paid, and,said
assessor and tax collector shall add the amount-of-said assessment to the next
regurar 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 12; RESPONSIBILITY OF CITY
City shall remove at its own expense all city-owned equipment from
ell 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 5 hereof.
SECTION 13: EXTENSION OF TIME
Intheevent that aqy set required by this.ordinanee or by a
resolution adopted pursuant to Section 5 hereof cannot be performed within ,the
time provided on account of shortage of materials, war, restraint by public
authorities, strikes, labor distrubanees, civil disobedience, or arty 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 14;: PENALTY
It hhall be uxilawful for any person to violate any provision .or to
fail to comply with aryy of the .requirements of this ordinance. Any person violating
ar~}r provision of this ordinance or failing to comply with at~y of its requirements
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shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a-fine not exceeding FIVE HUNDRED ($500) DOLLARS or by imprisonment
not exceeding six (6} months, or by both such fine and imprisonment. Each such
perons shall'be deemed guilty of a separate`offense'for each day during any por-
tion of which"any violation'of any`of the provisions oP this ordinance ie committed,
continued or permitted by such person, and shall be punishable therefore as provided
for in this ordinance.
SECTION 15: CONSTTPUTIONALITY'
IP`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; c3.ause or phrase thereof, irrespective of the fact that anq one or
more sections, subsections, sentence; clause 'or phrase thereof, irrespective of
the fact that snp one of more sections, subsections, sentences, clauses or phrases'
be dec7:ared invalid.
SECTION 16:'PUBLICATION
The City Clerk shall certify to the adoption of `this ordinance"'
and cause it `to be published as required by law.
SECTION i7: EFFECTIVE DATE
This ordinance shall take effect Arid be in force thirty (30}
days from .and after itsaddption.
ADffI'TED by the`Mayor and attested to by the City Clerk this
8th day of April,"1968
s/T. R. Yarborough
Mayor of the City of Elsinore
' ORDINANCE N0. 457 ~
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AN ORDINANCE OF TBE C1TY OF ELSINBRE, CALIFORNIA'
AMENDING A PORTION OF SUBSECTION 5 OF SECTION B
I OF ARTICLE 5 OF ORDINANCE NC. 446 OF THE CITY OF
f ELSIN~tE,'CALTFORNIA PERTAINING TO SEWER SERVICE
FEES" AT CONDOMINIfJMS.
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C,, The Mayor cud City Gouneil of the City of Elsinore, .California, fo
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do ordain as folldtirs
SECTION is `Subsection 5 of 8eetion B of Article 5 of Ordinance No.
j 446 is hereby emended by striking therefrom the sum of ONE ($i.00) DOLLAR ea
contained therein acid ~batituting'therefor the sum of FIFTY,($ .50) CENSS.
r SECTION 2: .The City Clerk of the City of`Elsinore,`CaS.ifornie
~; is herep3y orde"red to certify the passage of'tha ordi""Hance and cease the same
~ to be published in the manner provided by law.
ADOPPED by the Mayor snd City Council and signed by the Mayor
and attested to by the City Clerk this 8th day of April, 1968.
s/ T.R. Yarborough.
Mayor of the City of Elsinore
ATTEST=
s/Florene Marshall
it~'y l~er3c of the City of Elsinore
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