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HomeMy WebLinkAboutCC Resolution 3052Sen Rafael City Ordinance CHARTER ORDINANCE 780 CITY OF SAN RAFAEL UNDERGROUND ORDINANCE Section 1. Definitions. When- ever in this ordinance the words or phrases hereinafter in this sec- tion defined are used, they shall have the respective meanings as- signed to them in the following definitions: (a) The word "City" shall mean the City of San Rafael, a munici- pal corporation of the State of California. (b) The word "Commission" shall mean the Public Utilities Commission of the State of Cali- fornia. (c) The word "Council" shall mean the City Council of City. (d) The phrase "Underground Utility District" or the words "Utility District" shall mean that area in City more particularly de- scribed as follows: Parcel 1 Beginning at a point on the northerly line of Second Street at the intersection of the east- erly line of "E" Street, thence northerly along said line of "E" Street to the southerly line of Mission Avenue, thence easterly along said line to the westerly line of Lincoln Avenue, thence southerly along said line to the northerly line of Third Street, thence westerly along said line to the easterly line of Lootens Place thence southerly across Third Street to the westerly line of Lindaro Street, thence south- erly along said line to the north- erly line of Second Street, thence westerly along said line to the point of beginning. Parcel 2 Beginning at a point on the northerly line of Fourth Street at the intersection of the west- erly line of "E" Street, thence westerly along said line of Fourth Street to the easterly line of El Camino Avenue, thence southerly at a right angle to Fourth Street to the southerly line of Fourth Street, thence easterly along said line to the westerly line of "E" Street, thence northerly along said line to the point of beginning. Parcel 3 The area of the Third Street Extension as_ roposed by the City of San afael lying be- tween the westerly dine of E" Street and the northerly line of Second Street. Parcel 4 That portion of Third Street described as beginning at the intersection of the center line of Union Street with the center line of Third Street and running thence easterly along the center line of Third Street a distance of 1,300 feet. (e) The word "person" sliall in- clude individuals, firms, corpora- tions copartnerships, and their agents and employees. (f) The phrase "poles and over- head wires and associated over- head structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, s w i t c h e s, communica- tions circuits, appliances, attach- ments and appurtenances located above ground and used or useful in supplying electric, communica- tion, or similar or associated serv- ice. (g) The word "Utility" shall in- clude all persons or entities sup- plying electric, communication, or similar or associated service by means of electrical materials or devices. Section 2. Completion of Under - grounding Program. (a) After one hundred eighty (180) months from the effective date of this ordinance, it shall be unlawful for any person to main- tain, own, continue to own op- erate, or continue to operate or install, any poles and overhead wires and associated overhead structures within the Underground Utility District. (b) In order to provide for the orderly removal of existing poles and overhead wires and associated overhead structures within the Underground Utility District by the end of the one hundred eighty (180) months specified in subpara- graph (a) of this Section 2, it is the intention of the Council, in- sofar as may be practicable, to adopt resolutions pursuant to Sec- tion 3 of this ordinance which will result in the removal of poles and wires a n d associated overhead structures: (1) from approximately % of the area of the Utility Dis- trict by July 1, 1969, (2) from approximately % of the area of the Utility Dis- San Rafael City Ordinance trictby JAL 1974, (3) from all of the area of the Utility District by July 1, 1979, and It is also the intention of the Council, in fixing the areas from which poles and wires and asso- ciated overhead structures are to be removed, to give due considera- tion to the costs to be incurred by the utilities in such removal and in the construction of replac- ing underground facilities to the end that such costs will be evenly distributed over said one hundred eighty (180) months. Section 3. Overhead Wires—Pub- lie Hearing re Removal. The Council may call a public hearing to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from an area within the Underground Utility District. The City Clerk of City shall notify all affected property owners and utilities by mail of the time and place of such hearing at least thirty (30) days prior to the date thereof. If after such public hearing the Council finds that the public necessity, health or safety requires such removal, the Coun- cil shall by resolution order such removal. A description of the por- tion of the Underground Utility District from which said poles and overhead wires and associated overhead structures are to be re- moved shall be included in said resolution. Section 4. Overhead Wires— Time Within Which to Remove Poles, ete. The Council shall, In such reso- lution, fix the time within which such poles and overhead wires and associated overhead structures must be removed and within which affected property owners must be ready to receive underground serv- ice. The Council shall allow a rea- sonable time for such removal, having due regard for the avail- ability of necessary labor, mate- rials and equipment for such re- moval and for the installation of such underground facilities as may be occasioned thereby. Section 5. Overhead Wires --Un- lawful to Maintain Poles, etc. Whenever the Council orders the removal of poles and overhead wires and associated overhead structures as provided in Section 3 hereof, it shall be unlawful for any person or utility to maintain any pole, overhead wire or asso- ciated overhead structure within the portion of the Utility District described in said resolution after the date when said facilities are required to be removed. Any person or utility who shall erect, construct, place or keep, maintain, continue, employ, or op- erate any such pole or overhead wire or associated overhead struc- ture within the portion of the Utility District described in said resolution, or who shall neglect to take down and remove any such pole overhead wire or associated overhead structure within the time designated in said resolution, or who shall otherwise fail to com- ply with the provisions of this or- dinance, shall be guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than five hun- dred dollars ($500.00) nor more than six months in the County V Each consecutive fifteen (15) day period during which the fail- ure to comply with the provisions hereof shall continue shall con- stitute a separate offense. Section 6. Overhead Wires—Ex- ception by Special Permisslon. The Council maygrant special permission, on such terms as the Council may deem appropriate, In cases of emergency or unusual cir- cumstances, without discrimina- tion as to any person or utility, to erect, construct, install main- tain use or operate, potes and overhead wires and associated overhead structures, notwithstand- ing any other provisions of this ordinance. Section 7. Exceptions — Street Lighting, Police and Fire Alarms, Wires of Continuous Lead from Outside Area, Wires Attached to Buildings and Radio Antennae. This ordinance shall not apply to the following types of facilities: (a) Poles used exclusively for police and fire alarm boxes or any similar municipal equipment in- stalled under the supervision and to the satisfaction of the Super- visor of Public Works of City; (b) Poles and overhead wires and associated overhead structures used exclusively for street light- ing (c) An electric distribution sys- tem consisting of metal poles sup- San Rafael City Ordinance porting high voltage wires, trans- formers and street lights with all other facilities for the supplying and distribution of electric energy and service placed underground, provided, however that this ex- ception shall apply only in that portion of the Utility District de- scribed as Parcel 4 in Section l(d) and in areas added to the Utility District pursuant to Section 13, if the resolution ordering the addi- tion so specifies; (d) Wires of a continuous lead crossing any portion of the Utility District from which overhead wires have been prohibited, or con- necting to buildings on the per- imeter of such portion, when such continuous lead originates in an area from which poles and over- head wires and associated over- head structures are not prohibited; (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one lo- cation on the building to another location on the same building or to an adjacent building without crossing any public street; or (f) Radio antennae, their asso- ciated equipment and supporting structures, used by a utility for furnishing communication services. Section S. Overhead WIres— Notification of Affected Property Owners and Utilities. Within ten (10) days after pas- sage of the resolution ordering removal of poles and overhead wires and associated overhead structures provided for in Section 3, the City Clerk of City shall notify all affected utilities and all persons owning real property with- in the portion of the Utility Dis- trict described in said resolution of the adoption thereof. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupy- ing such property desire to con- tinue to receive electric, communi- cation or other similar or asso- ciated service, they or such occu- fant shall provide all necessary acility changes cn their premises so as to receive such service from the lines of the supplying utility or utilitiect to es at a new location, sub - and tariffs of the ieep5ectivelutions ili 5 or utilities on file with the Com- mission and to the requirements of State laws and City ordinances. Notification shall be made by mailing a copy of the resolution, together with a copy of this ordi- nance, to the affected utilities and to affected propertq owners as such are shown on the last equal- ized tax roll of the County of Ma- rin. Section 9. Overhead Wires—Un- dk!rgroand Construction. If underground construction is necessary to provide utility service within the area affected by any resolution adopted pursuant to Section 3, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulatioms and tariffs on file WE the Commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulatiuns author- ized by the Commission, and shall be completed within the time for removal of overhead facilities specified in the resolution adopted pursuant to Section 3. Section 10. Overhead Wires— Property Owners' Responsibility. (a) All conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying, utility 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 Commis- sion and to the lawful require- ments of State laws and City or- dinances. (b) In the event the person own - Ing, operating leasing or renting said property does not comply wi the provisions of subparagrapph (a) of this Section 10 within the time provided for in the resolution adopted pursuant to Election 3, the Supervisor of Public Works shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying util- ity service to said property (c) Non-compliance by any per- son owning, operating, leasing or renting said property with the pro- San Rafael City Ordinance visions of this Section 10 shall con- stitute a misdemeanor under Sec- tion 5. Until such time as an order is issued pursuant to subparagraph (b) of this Section 10, the supply- ing utility shall not be in violation of this ordinance in continuing to maintain overhead facilities neces- sary to serve such person during the period of such non-compli- ance and such reasonable time thereafter as may be necessary to remove the same. Section 11. Overhead Wires—Ob- ligation of City. City shall remove its police 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 resolution adopted pusuant to Sec- tion 3. Section 12. Overhead Wires— Force Majeure. In the event that any act re- quired by this ordinance or by a resolution adopted pursuant to Section 3 cannot be performed within the time provided on ac- count of shortage of materials, war, restraint by public authori- ties, strikes, labor disturbances, or any 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 13. Adding Areas to the Underground Utility District. The Council may from time to time call public hearings to ascer- tain whether the public necessity, health or safety requires that areas similar in character to the Parcel 1 described in Section 1 be added to the Underground Utility Dis- Liict described in said section. Af- fected property owners and utili- ties shall be notified of the time and place of such hearings in the manner and within the time speei- fied in Section 3. If, after any such public hearing, the Council finds that the public necessity health or safety requires that the area be added to the Underground Util- ity District described in Section 1, it shall by resolution so order. Such resolution shall specify the time for completion of the under- ggrrounding program with respect to such area, as provided in Sec- tion 2 with respect to the Under- ground Utility District described in Section 1. Upon adoption of such resolution all of the provi- sions of this ordinance, except Section 2, shall apply to the area so added to the Underground Util- ity District. Section 14. Publication—Effee- tive Date. This ordinance shall bepub- lished once in full before its final passage in the Independent -Jour- nal, a daily newspaper of general circulation, printed, published and circulated In said City, and shall be in full force and effect thirty (30) days from and after its final passage. /s/ JOHN F. MOINNIS (SEAL) ATTEST: W. C. CORNWELL, Deputy City Clerk The above and foregoing Char- ter Ordinance No. 780 was read and introduced at a regular meet- ing of the City Council of the City of San Rafael, held on Tuesday, the 3rd day of September 1963, and ordered passed to pRnt by the following vote, to -wit: Ayes: Councilmen: Aby, Bar - bier, Jensen and Mayor McInnis. Noes: Councilmen: None. Absent: Councilmen: Bear and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the Council to be held on Monday, the 16th day of September, 1963. (SEAL) /s/ W.DepC. ClOty Clerk No. 1118, Sept. y, 1963