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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 � 1 < % a •• D' 1 rl � � I 1 \ \ w10, 1 I, I i ► 1 1 ♦ p' O ` \� (,J) • 711 I 4 — r 1 p %% ► �P;— Ju, ° / a d 1 •' l i 1, n / • l�` -g60 �\ 1• `rr ;4r ,--��.`� rZ to q --'�-- eel x..19 � I °vy It 09-3. .66 a 1 rn 76 - - HARE 37 44 49 _-j 1- '♦ 1 � I, / y l y� DI 9 I N I 1 r I r r 4fy ' I 1 -09T _ 1 r - � •' %/ ern - 'r I ' � I rn - - — - � — 1 rn o _— r 11 ' -i �- - •_ zi " .D SDI b 1 Proposed Underground Utility Dlstnct EXHIBIT A M°`""' 9 On Francesco Blvd. West Proposed Boundary Plan l�y��," i I 7 i- - CITY OF SAN RAFAEL■nR" I'I. P PDDIJ[ for Rule 20B Dlstnct 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).