HomeMy WebLinkAboutCC Resolution 11064 (Underground Utility District)RESOLUTION NO. 11064
A RESOLUTION OF THE CITY COi'NCIL OF THE CITY OF SAN
RAFAEL ESTABLISHING AN UNDERGROUND UTILITY DISTRICT
ON FRANCISCO BOULEVARD WEST BETWEEN RICE DRIVE AND
ANDERSEN DRIVE
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, a public hearing was called Monday, April 15, 2002 at the hour of
8:00 p.m. in the Council Chambers in the City Hall, San Rafael, California, to ascertain whether
the public necessity, health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structures, and the underground installation of wires and facilities for
supplying electric, communication, or similar or associated service, within that certain area of the
City described as follows:
All those properties contained within the boundary of the proposed underground utility
district as shown on the map attached hereto, marked "Exhibit A", entitled "Proposed
Underground Utility District on Francisco Boulevard West: dated March, 2002; and
WHEREAS, notice of such hearing has been given to all affected property
owners as shown on the last equalized assessment roll and utilities concerned in the manner and
for the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons
interested have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Rafael, that pursuant to Ordinance No. 905 of the City of San Rafael, the above-described area is
hereby declared an Underground Utility District, and is designated as "Underground Utility
District on Francisco Boulevard West."
RESOLVED, FURTHER, that each property owner in said Underground Utility
District shall be responsible for the installation and maintenance of the conduit and termination
box located on, under or within any structure on the premises served.
RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all
affected utilities and all persons owning real property within said Underground Utility District of
the adoption of this resolution within ten (10) days after the date of such adoption. Said city
Clerk shall further notify said 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, by February 2004, 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 Public Utilities Commission of the Sate of California. Such
notification shall be made by mailing a copy of this Resolution together with a copy of said
Ordinance No. 905, to affected property owners such as are shown on the last equalized
assessment roll and to the affected utilities:
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council
of said City on the 15°i day of April, 2002, by the following vote, to wit:
AYES: COUNCILTVIEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCINI, City Clerk
File No.: 01.18.28
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DEPA"MENT D
11.28.010
Chapter 11.28
UNDERGROUND UTILITY DISTRICT*
Sections:
11.28.010
Definitions.
11.28.020
Public hearing by council.
11.28.030
Council may designate
underground utility districts by
resolution.
11.28.040
Unlawful acts.
11.28.050
Exception, emergency or unusual
circumstances.
11.28.060
Other exceptions.
11.28.070
Notice to property owners and
utility companies.
11.28.080
Responsibility of utility
companies.
11.28.090
Responsibility of property
owners.
11.28.100
Responsibility of city.
11.28.110
Extension of time.
* Prior ordinance history: Ord. 780 as amended by Ords. 845 and
874.
11.28.010 Definitions.
Whenever in this chapter the words or phrases herein-
after in this section defined are used, they shall have the
respective meanings assigned to them in the following
definitions:
(a) "Commission" means the Public Utilities Com-
mission of the State of California.
(b) "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 11.28.030 of this code.
(c) "Person' means and includes individuals, firms,
corporations, partnerships, and their agents and employ-
ees.
(d) "Poles, overhead wires and associated overhead
structures" means poles, towers, supports, wires, conduc-
tors, guys, stubs, platforms, crossarms, braces, transform-
ers, 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" includes all persons or entities supplying
electric, communication or similar or associated service
by means of electrical materials or devices. (Ord. 905 §
1 (part); April 15, 1968).
11.28.020 Public hearing by council.
The council may from time to time call public hear-
ings to ascertain whether the public necessity, health,
safety or welfare requires the removal of poles, overhead
wires and associated overhead structures within designat-
ed 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 owners as shown on the last
equalized assessment roll and utilities concerned by mail
of the time and place of the hearings at least ten days
prior to the date thereof. Each hearing shall be open to
the public and may be continued from time to time. At
each hearing all persons interested shall be given an
opportunity to be heard. The decision of the council shall
be final and conclusive. (Ord. 905 § 1 (part); April 15,
1968).
11.28.030 Council may designate underground
utility districts by resolution.
If, after a public hearing the council finds that the
public necessity, health, safety or welfare requires the
removal and the underground installation within a desig-
nated area, the council shall, by resolution, declare the
designated area an underground utility district and order
the removal and underground installation. The resolution
shall include a description of the area comprising the
district and shall fix the time within which the 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 the removal and underground installation,
having due regard for the availability of labor, materials
and equipment necessary for the removal and for the
installation of such underground facilities as may be
occasioned thereby. (Ord. 905 § 1 (part); April 15, 1968).
11.28.040 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 11.28.030, it is unlawful for any person or utility
to erect, construct, place, keep, maintain, continue, em-
ploy or operate poles, overhead wires and associated
overhead structures in the district after the date when the
overhead facilities are required to be removed by the
resolution, except as the overhead facilities may be re-
quired to furnish service to an owner or occupant of
property prior to the performance by the owner or occu-
pant of the underground work necessary for the owner or
occupant to continue to receive utility service as provided
in Section 11.28.090, and for a reasonable time required
to remove the facilities after the work has been per-
formed, and except as otherwise provided in this chapter.
(Ord. 905 § 1 (part); April 15, 1968).
11.28.050 Exception, emergency or unusual
circumstances.
Notwithstanding the provisions of this chapter, over-
head 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 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. 905 § 1 (part); April 15, 1968).
11.28.060 Other exceptions.
This chapter and any resolution adopted pursuant to
Section 11.28.030 hereof shall, unless otherwise provided
in the resolution, not apply to the following types of
facilities:
(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 struc-
tures) crossing any portion of a district within which
overhead wires have been prohibited, or connecting to
buildings on the perimeter of a district, when the 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 (34,500) volts;
(e) 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 or to an adjacent building
on the same lot without crossing any public street;
(f) Antennae, 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;
(h) Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction
with construction projects. (Ord. 905 § 1 (part), 1968).
11.28.040
11.28.070 Notice to property owners and
utility companies.
Within ten (10) days after the effective date of a
resolution adopted pursuant to Section 11.28.030, the city
clerk shall notify all affected utilities and all persons
owning real property within the district created by the
resolution of the adoption thereof. The city clerk shall
further notify the affected property owners of the necessi-
ty that, if they or any person occupying the property
desire to continue to receive electric, communication, or
similar or associated service, they or the occupant shall
provide all necessary facility changes on their premises
so as to receive the service from the lines of the supply-
ing utility or utilities at a new location, subject to applica-
ble rules, regulations and tariffs of the respective utility
or utilities on file with the commission.
Notification by the city clerk shall be made by mailing
a copy of the resolution adopted pursuant to Section
11.28.030, together with a copy of the ordinance codified
herein, to affected property owners as they are shown on
the last equalized assessment roll and to the affected
utilities. (Ord. 905 § 1 (part), 1968).
11.28.080 Responsibility of utility companies.
If underground construction is necessary to provide
utility service within a district created by any resolution
adopted pursuant to Section 11.28.030, the supplying
utility shall furnish that portion of the conduits, conduc-
tors and associated equipment required to be furnished by
it under its applicable rules, regulations and tariffs on file
with the commission. (Ord. 905 § 1 (part), 1968).
11.28.090 Responsibility of property owners.
(a) Every person owning, operating, leasing, occupy-
ing or renting a building or structure within a district
shall perform construction and provide that portion of the
service connection on his property between the facilities
referred to in Section 11.28.080 and the termination
facility on or within the building or structure being
served, all in accordance with applicable rules, regula-
tions and tariffs of the respective utility or utilities on file
with the commission.
(b) In the event any person owning, operating, leas-
ing, occupying or renting said property does not comply
with the provisions of subsection (a) of the Section
11.28.090 within the time provided for in the resolution
enacted pursuant to Section 11.28.030, the city engineer
shall post written notice on the property being served and
thirty (30) days thereafter shall have the authority to
order the disconnection and removal of any and all over-
head service wires and associated facilities supplying
utility service to the property.
301 (San Rafael 10-98)
11.28.090
(c) Alternatively, if the work in subsection (a) of this
section has not been accomplished by the affected proper-
ty owners within the time provided by the resolution
enacted pursuant to Section 11.28.030, after notice has
been given as provided in Section 11.28.070, the city
engineer may give written notice that if the work has not
been completed within thirty (30) days of the notice, that
city will proceed with the work and assess the cost as a
lien against such property. Such notice shall be given by
regular mail to the affected property owners as shown on
the last equalized assessment roll, and by posting at a
conspicuous place on the property. If upon the expiration
of the thirty (30) day period, the required work has not
been accomplished, the city engineer may forthwith
proceed to have the work done.
(d) If the city proceeds to do the work as provided
in subsection (c) of this section, upon completion of the
work, the city engineer shall prepare a written report
concerning such work and the amount of the proposed
assessment, and shall schedule a public hearing before the
city council to hear and consider the report and any
protest to such proposed assessment. Notice of the hear-
ing, together with the report, shall be given to the affect-
ed property owner in the same manner as provided above,
at least ten (10) calendar days in advance of the hearing.
The city council shall by resolution affirm, modify or
reject the proposed assessment, which shall thereafter
bear interest at the maximum rate of interest permitted by
law, and the city clerk shall mail a copy of such resolu-
tion to the affected property owner as provided above
within ten (10) days after adoption of the resolution. If
any assessment imposed by the city council is not paid
within thirty (30) calendar days of the adoption of the
resolution, the city clerk may cause to be recorded in the
county recorder's office a notice of assessment lien,
specifying the amount of the lien, the name of the city of
San Rafael whose behalf the lien is imposed, the name
and address of the property owner, and the legal descrip-
tion of the property. A copy of the resolution shall be at-
tached to the notice of assessment lien.
(e) In addition to recording the notice of assessment
lien pursuant to subsection (d) of this section, the city
clerk may file a certified copy of the notice of assessment
lien in the offices of the county auditor and county trea-
surer -tax collector, which officials shall add the amount
of the assessment to the next regular tax bill levied
against the property. Thereafter the amounts shall be
collected at the same time and in the same manner as
ordinary municipal taxes are collected, and shall be sub-
ject to the same interest charges and penalties and the
same procedure under foreclosure and sale in case of
(San Rafael 10.98) 302
delinquency as provided for ordinary municipal taxes.
(Ord. 1724 § 1, 1998; Ord. 905 § I (part), 1968).
11.28.100 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
the poles to remove the same within the time specified
in the resolution enacted pursuant to Section 11.28.030.
(Ord. 905 § 1 (part), 1968).
11.28.110 Extension of time.
In the event that any act required by this chapter or by
a resolution adopted pursuant to Section 11.28.030 cannot
be performed within the time provided on account of
shortage of materials, war, restraint by public authorities,
strikes, labor disturbances, civil disobedience, or any
other circumstances beyond the control of the actor, then
the time within which the act will be accomplished shall
be extended for a period equivalent to the time of the
limitation. (Ord. 905 § 1 (part), 1968).