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HomeMy WebLinkAbout0494ORDINANCE NO. 494 (1970 Series) AN ORDINANCE AMENDING ORDINANCES NO. 306 AND 327 (1965 SERIES) AND ORDINANCE NO. 357 (1966 SERIES). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following sections of Chapter 4 of Article VIII of the San Luis Obispo Municipal Code, enacted as Ordinance No. 306 (1965 Series), are hereby amended to read as set forth below: Section 8400. 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 8400.2 of this Chapter. (f) "Poles and overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms,«gbraces, transformers, 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. (h) "Affected Property Owner" shall mean a property owner who ovens property within or adjacent to an underground district, or otherwise affected by the underground project. Section 8400.5. Exceptions. This Chapter shall not apply to the following types of facilities: (a) Poles or electroliers used exclusively for street lighting. (b) 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,. (c) 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. Ordinance No. 494 (1970 Series) Page 2 (d) Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services; or (e) Service terminals in pedestals aboveground, used to distribute communication service in underground systems. SECTION 2. Pursuant to public hearings duly held in accordance with Chapter 4 of Article VIII of the San Luis Obispo Municipal Code, Section 8400.2.1 of said Code entitled "Underground Utility Districts" is hereby added as set forth below: Section 8400.2.1. Underground Utility Districts. The San Luis Obispo City Council does hereby order the removal of all poles and overhead wires and associated structures from the public streets, alleys or ways within the hereinafter described underground utility districts and further fixes dates on which affected property owners must be ready to receive underground service and dates on which all facilities are to be removed from public property as follows: L. Beginning at a point which is the intersection of the center line of Chorro and Higuera Streets; thence in a Northwesterly direction along the center line of Chorro Street to the Easterly extension of the most Northerly line of Monterey Street; thence in a Westerly direction along said line to the Northerly extension of the most Westerly line of Broad Street; thence in a Southerly direction along said line to its intersection with the center line of Higuera St. thence in a Northeasterly direction along said line to the point of beginning. Property owners are to be ready to receive service by: March 1, 1972 Date facilities are to be removed from public property: December 31, 1972. 2. Beginning at a point which is the intersection of the center lines of Higuera and Morro Streets; thence in a Northwesterly direction along the center line of Morro Street to its intersection with the most Northerly line of Mill Street; thence in a Northeasterly direction along said line to its intersection with the most Easterly line of Osos Street; thence in a Southerly direction along said line to its intersection with the center line of Higuera Street; thence in a Westerly direction along said line to the point of beginning. Property owners are to be ready to receive service by: March 1, 1972 Date facilities are to be removed from public property: December 31, 1972. 3. Beginning at a point which is the intersection of the center lines of Higuera and Chorro Streets; thence in a Northeasterly direction along the center line of Higuera Street to its Intersection with the most Easterly line of Osos Street; thence in a Southwesterly direction along said line to its intersection with the most Southerly line of Marsh Street; thence in a Westerly direction along said line to its intersection with the center line of Chorro Street; thence in a Northerly direction along said line to the point of beginning. Property owners are to be ready to receive service by: March 1, 1972 Date facilities are to be removed from public property: December 31, 1972. 4. Beginning at a paint which is the intersection of the center lines of Higuera and Chorro Streets; thence in a Northwesterly direction along the center line of Chorro Street to the Easterly extension of the most Northerly line of Monterey Street; in a Westerly direction along said line to its intersection with the most Westerly line of Chorro Street; thence in a Northerly direction along said line to its intersection with the most Northerly line of Mill Street; thence in a Northeasterly direction along said line to its intersection with the center line of Morro Street; thence in a Southwesterly direction along said line to its intersection with the center line df Higuera Street; thence in a Westerly direction along said line to the point of beginning. Property owners are to be ready to receive service by: June 1, 1972 Date facilities are to be removed from public property: December 31, 1972. Ordinance No. 494 (1970 Series) Page 3 5. Beginning at a point which is the intersection of the center lines of Higuera and Chorro Streets; thence in a Westerly direction along the center line of Higuera Street 10 - its intersection with the most Westerly line of Broad Street; thence in a Southwesterly direction along said line to its intersection with the most Southerly line of Marsh Street; thence in an Easterly direction along said line to its intersection with the center line of Chorro Street; thence in a Northwesterly direction along said lire to the point of beginning. Property owners are to be ready to receive service by: September 1, 1972 Date facilities are to be removed from public property: December 31, 1972. SECTION 3. That the City Council does hereby find that the public necessity, health or safety requires the removal of all poles and overhead wires and associated overhead structures from the public streets, alleys or ways within the above described areas, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service therein. The Council also finds that the streets within the underground districts are heavily travelled and extensively used by the public. SECTION 4. , Section 8400.6 of the San Luis Obispo Municipal Code is hereby amended to read as follows: Section 8400.6. Notice to Property Owners and Utility Companies. Within ten (10) days after the effective date of an ordinance adopted pursuant to Section 8400.2 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within or affected by the District created by said ordinance 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 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 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. Notification by the City Clerk shall be made by mailing a copy of said ordinance adopted pursuant to Section 8400.2, together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment tax roll of the County of San Luis Obispo, and to the affected utilities. SECTION 5. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram- Tribune, a newspaper publishsd,and circulated in said City, and the same shall go into effect at the expirad on of thirty days after its said final passage. Ordinance No. 494 (1970 Series) Page 4 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 15th day of June, 1970 on motion of Councilman Blake, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES; None ABSENT: None yor ATTEST: Ma FINALLY PASSED this _ 8th day of September 19 70 by the following roll call vote: AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: Myron Graham ATTEST: `�, -e %%/� / 4Y4 1 Day 1 Affidavit 150 Slips PUBLIC HEARING UNDERGROUND UTILITIES G NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo will hold a public hearing on the adoption of Ordinance No. 494 (1970 Series), an ordinance amending certain sections of Article VIII, Chapter 4 of the Municipal Code en- titled "Underground Districts" and clarifying description of underground utility districts. ORDINANCE NO. 494 (1970 Series) is reproduced in its entirety with this Notice of Public Hearing. SAID PUBLIC HEARING WILL BE HELD at 8:00 P.M., Monday, September §-,-1970, in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, California. J. H. Fitzpatrick' City Clerk Ordinance No. 494 (1970 Series)