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HomeMy WebLinkAboutCC Resolution 3765RESOLUTION NO. 3765 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, a public hearing was called for Monday, May 5th, 1969, 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 contiguous to Fifth Avenue, Fourth Street, Court Street, Lootens Place, Nye Street, Garden Lane and Lincoln Avenue more particularly described in the 1968 Marin County Assessor's Map Book, the following parcel numbers: 11-213-05 11-222-04 11-224-08 11-213-10 11-223-05 11-224-09 11-213-12 11-223-06 11-224-10 11-213-16 11-223-07 11-224-11 11-221-05 11-223-08 11-224-12 11-221-06 11-223-09 11-224-13 11-221-07 11-224-01 11-224-14 11-221-08 11-224-02 11-224-15 11-221-10 11-224-03 11-224-16 11-221-11 11-224-04 11-224-18 11-221-12 11-224-05 11-225-02 11-222-02 11-224-06 11-225-03 11-222-03 11-224-07 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 No. 2 of the City of San Rafael. Attached hereto, marked "Exhibit All, and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District; URIGINAt RESOLVED, FURTHER, that the Council does hereby fix November 5, 1969 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all 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 Underground Utility District No. 2 on or before November 5, 1969; RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 2 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 the date fixed in this resolution, 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 State 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 as such are shown on the last equalized assessment roll and to the affected utilities. Property owners are advised to contact an electrical contractor of their choice so that the necessary facility changes (electric, telephone and other services) on their premises can be accomplished. All costs for this aspect of the work shall be paid for by the property owner; RESOLVED, FURTHER, that the Council hereby finds as follows: The Underground Utility District herein created is in the general public interest for the following reasons that are preceded by an "X": ( X ) a. "The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of over- head distribution facilities"; ( X ) b. "The streets, roads or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic"; ( X ) c. "The said streets, roads or rights-of-way adjoin or pass through' - 2 - ( X ) 1. 'a civic area' ( ) 2. 'a public recreation area' ( ) 3. an area of unusual scenic interest to the general public"' RESOLVED, FURTHER, that said Ordinance No. 905 and this Resolution shall apply to the following types of facilities that are preceded by an "X": ( ) 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 structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of the District, when such 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 34,500 volts; ( ) e. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixtures 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. Antenna, associated equipment and supporting structures, used by a utility for furnishing communication services; ( ) g. Equipment appurtenant to underground facilities, such as service 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. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of San Rafael, California, at a meeting thereof held on the 5th day of May, 1969 by the following vote of the members thereof; - 3 - AYES, and in favor thereof, Councilmen: Barbier, Jensen, Miskimen and Robbins, Jr. NOES, Councilmen: None ABSENT, Councilmen; Mayor Bettini W. CLIFFORD CORNWELL, City Clerk of the City of San Rafael d APPROVED: '�� " 1, FRED E. JENSENy"V/ce Presiden of the Councti / San Rafael City Ordinance ORDINANCE NO. 905 AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISH- ING REGULATIONS AND PhOCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UN- DERGROUND FACILITIES IN UNDERGROUND U T I L I T Y DISTRICTS. THE CITY COUNCIL OF THE C= OF SAN RAFAEL DO ORDAIN AS FOLLOWS: Section 1. Title 11, Chapter 11,28 of the San Rafael Municipal Code entitled "Underground Utility District" is h e r e b y amended to read as follows: CHAPTER 11.28 _,MOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILI- TIES IN UNDERGROUND UTILITY DISTRICTS SECTIONS: 11.28.010 DEFINITIONS 11.28.020 PUBLIC HEARING By COUNCIL 11.28.030 COUNCIL MAY DES- IGNATE UNDER- GROUND UTILITY DISTRICTS BY RES- OLUTION 11.28.040 UNLAWFUL ACTS 11.28.050 EXCEPTION, EMER- GENCY OR UN - U S U A L CIRCUM- STANCES 11.28.060 O T H E R EXCEP- TIONS 11.28.070 NOTICE TO PROP- ERTY OWNERS AND UTILITY COM- PANY :28.080 RESPONSIBIL- ITY OF UTILITY COMPANIES 11.28.090 RESPONSIBIL- ITY OF PROPERTY OWNERS 11.28.100 RESPONSIBIL- ITY OF CITY 11.28.110 EXTENSION OF TIME Section 11.28.010 DEFINI- TION,. Whenever in this ordi- nance the words or phrases hereinafter in this section defin- ed are used, they shall have the respective meanings assigned to them In the following df!finitions: (a) "Commission" shall mean the Public Utilities Commission of the State of California. (b) "Underground Utility Dis- trict" or "District" shall mean 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 Sec- tion 11.28.030 of this code. (c) "Person" shall mean and include individuals, firms, cor- porations, partnerships, and their agents and employees. (d) "Poles, overhead wires and associated overhead struc- tures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross - arms, braces, transformers, in- sulators, cutouts, switches, com- munication circuits, appliances, attachments and appurtenances located above -ground within a District and used or useful in supplying electric, communica- tion or similar or associated service, (e) Utility" shall include all persons or entities supplying electric, communication or sim- ilar or associated service by means of electrical materials or devices. Section 11.28.020 PUBLIC HEARING BY COUNCIL, The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare re- quires the removal of poles, overhead wires and associated overhead structures within des- ignated areas of the City and the underground installation of wires and facilities for supply 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 such hearings at least ten (10� days prior to the date thereof. Each such hearing shalt be open to the public and may be continued from time to time. Ateach such hearing all persons interested shall be tivr•n an opportunity to be heard. The decision of the Council shall be final and con- clusive, Section 11.28.030 C O U N C I L MAY DESIGNATE UNDER- GROUND UTILITY DISTRICTS BY RESOLUTION. If. after any such public hearing the Council finds that the public necessity, health, safety or welfare re- quires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground instal- lation. Such resolution shall in- clude a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplish- ed and within which affected property owners must be ready to receive underground service. A reasonable time shall be allow- ed for such removal and under- ground installation. having due regard for the avai:abil)ty of labor. materials and equipment necessary _`or such ren -.oval and for the installation of such un- derground facilities as may be occasioned thereby. Section 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 hereof, it shall be un- lawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead hires and associated overhead struc- tures in the District after the date when said overhead facili- ties are required to be removed by such resolution. except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the and-r- grourd work necessary for such ow-ner or occupant to continue to receive utility service as provid- ed in Section 11.28.040 hereof. and for such reasonable time required to remove said facilities after said work has been per- formed, and except as otherwise provided in this ordinance. S -lotion 11.28.050 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. N o t w i t h - standing th^ provi-;:ons of this Ord-nance, overhead facilities may be installed and ntaltitained for a period, not to exceed ten (10, day%, without authority of thin 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, with- out discrimination as to any per- son or utility, to erect, con- struct, install, maintain, use or operate poles, overhead wires and associated overhead struc- tures. Section 11.28.060 OTHER EX- CEPTIONS. This ord'-n.ance and any resolution adopted pursuant to Section 11.28.030 hereof shall, unless otherwise pro•„ded in such resolution, not aYp_y to the following types of faci:_.:es: (a) Any municipal fac.::.ies or equipment installed u:.der the supervision and to the satisfac- tion of the City Engem.seer. (b) Poles or elec-ro::=rs used exclusively for stre=: (c) Overhead wires :sclusive of supporting struc:; r=_ cross- .ing any portior of a D'�trict within which overhead wires have been prohibited, or con- necting to buildin_s on :h - peri- meter of a District, such wires originate in an area from which poles, overhead :.-res and associated overhead structures are not prohibited. (d) Poles, overhead 7,:res and associated overhead stn enures used for the transm'.ss'_cn of elec- tric energy at nominal voltages in excess of 34.500 voa. (e) Overhead wires &--,ached to the exterior surface of a building by means of a bracket or other fixture and. extending from one location on -.e building to another location on :`:e same building or to an ad�xcenc build- ing on the sam- '.c: without crossing any public =tree:. (f) Antenna, assoc:..-.,-,, equip- ment and supportin- structures. used by a utility for ft.rnishing communication ser :c=s. (q) Equipment app::-:�Cnant to and^rground facilit:es. such as surface mounted t-ansformers, pedestal mounted tern—nal boxes and meter cabinets. and. conceal- ed ducts. (h) Temporary poles. over- head wires and associa'ed over- head structures used or to be used in conjunction wf:l; con- struction projects. Section 11.28.070 NOTICE TO PROPERTY 0N1'NERS AND UTILITY CO'1FANIES. Within ten (10) days after th effective date of a resolu:io:: adouted pursuant to Section: 11.28.030 hereof, the City Clerk shall notify all affceted s:::l:ie and all persons owning: regi p-operty within the Distric: c- .ented by said resolution of the adoption thereof. Said City Clerk shall further notify such affec;ed prop- erty owners of the necessity that, if they or any -, rson oc- cupying such proper:y- desire to continue to receive electric, communication, or similar or as- sociated service, they or such occupant shall provide all neces- sary 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 applic- able rules, regulations and tar- iffs of the respective utility or utilities on file wi.h the Com- mission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pur- suant to Section: 11.28,030, to- gether with a copy of this ordi- nance, to affected property own- ers as such are shown on the last equalized assessment roll and to the affected utilities. R Section 11.28.080 ESPONSI- BILITY OF UTILITY COM- PANIES. If underground con- struction is necessary to provide utility service within a District created by any resolution adopt- ed pursuant to Section 11.28.030 hereof, the supplying utility shall furnish that portion of the con- duits, conductors and associated equipment required to be fur- nished by it under its applicable rules, regulations and tariffs on file with the Commission. Section 11.28.090 RESPONSI- BILITY OF PROPERTY OWN- ERS. (a) Every person owning, op- erating, leasing, occupying 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 said build- ing or structure being served, all in accordance with applicable rales, regulations and tariffs of the respective utility or util- ities on file with the Commis- sion. (b) In the event any person owning, operating, leasing, oc- cupying or renting said property does not comply nvith the provi- sions of subparagraph (a) of the Section 11 .28.690 within the time provided for in the resolu- tion enacted pursuant to Section 11.28.030 hereof, the City En- Rltleer shall post written notice on the property bein served and thirty (30) days thereafter 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. Section 11.28.100 RESPONSI- BILITY OF CITY. City Shull remove at its ow•n expense all City -owned equipment from all poles required to be removed hereunder in ample tame to en- able the owner or =-er of such poles to remove the same within the time specified in the resolu- tion enacted pursuant to Section 11.28.030 hereof. Section 11.28.110 EXTENSION OF TIME. In the e•: er.t that any act required byrs ordinance or by a resolutioradopted pur- suant to Section 11.28.030 hereof cannot be performed Within the time provided on account of shortage of ma: riga, war, re- straint by pub:_c au-horities, strikes, labor dis:.;rbances, civil disobedience, or any other cir- cumstances beyond :he control of the actor, then the time with- in which such ac: will be ac- complished shall be extended for a period equivalent to the time of such limitation. Section 2. REPEALED .Sec- tions 11.28.120 and 11,28.030 of the San Rafael \1=icipal Code are hereby repealed. S e c t i o n 3, PENALTY. It shall be unlawful for any person to violate any provision or to fail to comply wah any of the requirements of :ins ordinance. Any person viola: g any provi- sion of this ordinance or failing to comply with any of Its re- quirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punish?d by a fire not exceeding Five Hundred Dollars (5500.00) or by imprisorn —, not exceed- ing six (6) months. or by both such fine and Imprisonment. Each such person shall be deem- ed guilty of a separate offense for each day during any portion of which any vio.ai'on of any of the provisions of this ordinance is committed. continued or per- mitted by such person.. and shall be punishable therefor as pro- vided for in this ordinance. Section 4. CONSTITUTIONAL- ITY. If any sectio::, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, sub -section. sentence., clause or phrase thereof, irres- pective of the fact that any one or more sections, sub -sections, sentences. clauses or phrases be declared invalid. Section 5. PUBLICATION. The City Clerk is hereby directed to cause this ordinance to be pub- lished by one insertion in the 3, - Q Cd C) C, O _L4 Cd 3UUU� 1- Z ti G o �;7 _ z2,cU-- z� c = O Z P `� U z¢ ZC-C � Z � _a Z r C Cj - C, L- s > E�G �=_3 J