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HomeMy WebLinkAbout0306ORDINANCE NO. 306 (1965 Series) AN ORDINANCE ADDING CHAPTER 4 OF ARTICLE VIII OF THE SAN LUIS OBISPO MUNICIPAL CODE, PROVIDING FOR UNDERGROUND UTILITIES BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Chapter 4, entitled Underground Utilities, shall be and is hereby added to Article VIII of the San Luis Obispo Municipal Code to read as follows: CHAPTER 4 UNDERGROUND UTILITIES Section 8400. 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) "City" shall mean the City of San Luis Obispo, a municipal corporation of the State of California. (b) "Commission" shall mean the Public Utilities Commission of the State of California. (c) "Council" shall mean the City Council of the City. (d) "Person" shall include individuals, firms, corporations, partnerships, and their agents and employees. (e) "Underground Utility District" or "District" shall mean an area in the City within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of Section 3, 4 0. G of tilis Lhapter. (f) "Poles and overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, trans- formers, insulators, cut -outs, switches, communication circuits, appliances, attachments, and appurtenances located above ground, upon, along, across, or over the streets, alleys and ways of the City, and used or useful in supplying electric, communication, or similar or associated service. (g) "Utility." shall include all persons or entities supplying electric, .communication, or similar or associated service by means of electrical materials or devices. Section 8400.1. Underground Service Area. (a) The words "Underground Service Area" shall mean that area in the City more particularly described as follows: V/ ORDINANCE NO. 306 (1965 Series) AN ORDINANCE ADDING CHAPTER 4 OF ARTICLE VIII OF THE SAN LUIS OBISPO MUNICIPAL CODE, PROVIDING FOR UNDERGROUND UTILITIES BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Chapter 4, entitled Underground Utilities, shall be and is hereby added to Article VIII of the San Luis Obispo Municipal Code to read as follows: CHAPTER 4 UNDERGROUND UTILITIES Section 8400. 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) "City" shall mean the City of San Luis Obispo, a municipal corporation of the State of California. (b) "Commission" shall mean the Public Utilities Commission of the State of California. (c) "Council" shall mean the City Council of the City. (d) "Person" shall include individuals, firms, corporations, partnerships, and their agents and employees. (e) "Underground Utility District" or "District" shall mean an area in the City within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of Section 3, 4 0. G of tilis Lhapter. (f) "Poles and overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, trans- formers, insulators, cut -outs, switches, communication circuits, appliances, attachments, and appurtenances located above ground, upon, along, across, or over the streets, alleys and ways of the City, and used or useful in supplying electric, communication, or similar or associated service. (g) "Utility." shall include all persons or entities supplying electric, .communication, or similar or associated service by means of electrical materials or devices. Section 8400.1. Underground Service Area. (a) The words "Underground Service Area" shall mean that area in the City more particularly described as follows: That area enclosed within the boundary formed by the centerlines of Palm Street (extended to Highway 101) , Johnson Avenue, Pismo Street, Walker Street (extended to Highway 101), and Highway 101. (b) All new or remodeled buildings in the Underground Service Area requiring electric or communication service shall have such service supplied from a service lateral placed underground from the main electric or communication service facilities within the building to the sidewalk area. Where the utility's distribution system is underground, said service lateral shall terminate at a location in the sidewalk area designated by the utility. Where the utility's distribution system is overhead, said service lateral shall terminate as a pole riser on a pole designated by the utility. All conduits, conductors and associated equipment necessary to receive utility service by means of said underground service lateral shall be provided by the person owning, operating, leasing or renting said building, subject to applicable rules, regulations and tariffs of the supplying utility on file with the Com- mission and to the lawful requirements of State laws and City ordinances . (c) The supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it for an underground connection or a pole riser service, as the case may be, under and subject to the provisions of its applicable rules, regulations and tariffs on file with the Commission. (d) For purposes hereof a building shall be deemed to be remodeled if within any twelve (12) month period, additions, alterations or repairs are made thereto, the cost of which exceeds fifty per cent (509D of the current replacement cost of the building. In determining the cost of such additions, alterations or repairs, there shall be excluded the cost of any work required by this Chapter. (e) Single family residential buildings are exempt from the provisions of this Section. M Section 8400.2. Creation of Underground Utility Districts. The Council may, from time to time, call public hearings to ascertain whether the public necessity, health c:r safety requires the removal of poles and overhead wires and associated overhead structures from any particular area or areas within the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk of the City shall notify all affected property owners and utilities by mail of the time and place of such hearings at least thirty (30) days prior to the date thereof. If, after any such public hearing, the Council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the Council shall, by ordinance, declare such area an Underground Utility District. Such ordinance shall include a description of the area comprising such District and shall fix the time within which such poles and overhead wires and other associated overhead structures must be removed and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby. Section 8400.3. Unlawful to Maintain Poles, etc. Whenever the Council by ordinance declares an area of the City an Underground District as provided in Section 8400-.2 hereof; it shall be unlawful for any person or utility to maintain any pole, overhead wire or associated overhead structures within the District after the date when said overhead facilities are required to be removed. Any person or utility who shall erect, construct, place, keep, maintain, continue, employ, or operate any such pole or overhead wire or associated overhead structure in the District, or who shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in said ordinance, or who shall otherwise fail to comply with the provisions of this ordinance, shall be guilty of a misde- meanor under Section 1200 of the City's Municipal Code. Each consecutive fifteen (15) day period during which the failure to comply with the provisions hereof shall continue shall constitute a separate offense. Section 8400.4. Exception by Special Permission. The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to -3- any person or utility, to erect, construct, install, maintain, use or operate, poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this Chapter. Section 8400.5. Exceptions. This Chapter shall not apply to the following types of facilities: (a) Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the City Engineer of the City; (b) Poles and overhead wires and associated overhead structures used exclusively for street lighting; (c) Wires (exclusive of supporting structures) crossing any portion of a District from which overhead wires have been prohibited, or connecting to buildings within the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited; (d) 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; (e) Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services; or (f) Service terminals in pedestals aboveground, used to distribute communication service in underground systems. Section 8400.6. Notification of Affected Property Owners and Utilities. Within ten (10) days after passage of an ordinance pursuant to Section 8400.2 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District described in said ordinance of the adoption thereof, and shall further notify sucIl affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or other 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 in the front sidewalk area adjacent to or at the property line unless the utility specifies some other location as provided in Section 8400.7 hereof, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission and to the requirements of State laws and City ordinances. -4- �i Notification shall be made by mailing a copy of said ordinance, together with a copy of this Chapter, to the affected utilities and to affected property owners as such are shown on the last equalized tax roll of the County of San Luis Obispo. Section 8400.7. Underground Construction. If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to Section 8400.2 hereof, the supplying utility shall furnish that portion of the conduits, conductors, boxes and associated equipment re- quired to provide service in the sidewalk area at, or adjacent to, the property line of the building or structure being served, provided that the utility may elect to serve a building or structure from some location other than that above specified. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations issued by the Commission, and shall be com- pleted within the time for removal of overhead facilities specified in the ordinance enacted pursuant to Section 8400.2 hereof. Section 8400.8. Property Owners' Responsibility. (a) All underground construction, conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in Section 8400.7 hereof and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission and to the lawful requirements of State laws and City ordinances. (b) In the event the person owning, operating, leasing or renting said property does not comply with the provisions of subparagraph (a) of this Section within the time provided for in the ordinance enacted pursuant to Section 8400.2, the City Council shall 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. (c) Non - compliance by any person owning, operating, leasing or renting said property with the provisions of this Section shall constitute a misdemeanor under Section 8400.3 hereof. Until such time as an order is issued pursuant to subparagraph (b) of this Section, the supplying utility shall not be in violation of this ordinance or the ordinance enacted pur- suant to Section 8400.2 hereof in continuing to maintain overhead facilities necessary to serve such person during the period of such non - compliance and such reasonable time thereafter as may be necessary to remove the same. -5- Section 8400.9. Obligation of City. The City shall remove its poles and fire alarm circuits or any similar municipal equipment at its own expense 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 ordinance enacted pursuant to Section 8400.2 hereof. Section 8400.10. Force Dfiiajeure. In the event that any act required by this Chapter or by an ordinance enacted pursuant to Section 8400.2 hereof cannot be performed within the time herein provided on account of Shortage of materials, war, restraint by public authorities, strifes, labor disturbances, or any other circumstances beyond the control of the parties, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passag -e, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO P %INT this 22.nd dtay Niarch, 1965 by the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: Miss Margaret McNeil ATTEST: