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107 ORDINANCE NO. 107 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA RELATING TO UTILITY UNDERGROUNDING PROCEDURAL REGULATIONS NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby ordain as follows : Section 1. Definition. Whenever the words or phrases hereinafter defined are used, they shall have the respective meanings assigned to them in the following definitions : (A) Commission shall mean the Public Utilities Commission of the State of California. (B) District shall mean an Underground Utility District or 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 this ordinance . (C) Engineer shall mean the City Engineer of the City of Grand Terrace or his designated representative . (D) Person shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. (E) Poles, overhead wires and associated stuctures shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a District and used or useful in supplying electric , communications or similar services. (F) Utility shall mean and include all persons or entities supplying electric , communication or similar or associated service by means of electrical materials or devices. Section 2. Procedure - Public Hearing By City Council (A) Called When. The City Council may from time to time call a public hearing to ascertain whether the public interest, necessity, health, safety or welfare requires the removal or poles, overhead wires and associated overhead structures within designated areas of the City and the underground installtion of wires and facilities for supplying electric, communication or similar or associated service . -1- (B) Notification of Hearing. The City Clerk shall notify all affected property owners shown on the last equalized assessment roll, and all utilities concerned, by mail, of the time and place of such hearings at least ten (10) days prior to the hearing. Included in the notice shall be a copy of this Ordinance, together with a copy of the resolution of the City Council calling for a public hearing to determine whether public interest, necessity, health, safety, or welfare requires the formation of an underground utilities district. (C) Open to Public. Each such hearing shall be open to the public and may be continued from time to time. At the hearing, all persons interested shall be given an opportunity to be heard. The decision of the City Council shall be final and conclusive. (D) Report by Engineer. Prior to the public hearing, the Engineer shall consult all affected utilities and prepare a report to present at the hearing containing the extent of such utilities ' participation and estimates of the total costs to the City and the affected property owners. The report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. (E) City Council May Designate Underground Utility District by Resolution. If, after the public hearing, the City Council finds that the public interest, necessity, health, safety, or welfare is benefited by such removal and underground installation within a designated area, the City Council shall by resolution, declare the designated area an Underground Utility District and order removal and underground installation. The resolution shall include a description of the area comprising such district and shall fix the time within which such 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 removal and underground installation. Section 3 . Unlawful Acts. Whenever the City Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the overhead facilities are removed. Section 4. Exception, Emergency, or Unusual Circumstances. Notwithstanding the provisions of this Ordinance, overhead facilities may be installed and maintained for a period not to exceed thirty (30) days, without authority of the Engineer in order to provide emergency services. Section 5. Granting Special Permission. The City Engineer may grant speical permission in cases of unusal circumstances, without discrimination as to any person or utility to erect, con- -2- struct, install, maintain, use or operate poles, overhead wires and associated overhead structures. Section 6. Other Exceptions. This Ordinance and any resolution adopted pursuant thereto shall, unless otherwise provided in such resolution, not apply to the following types of facilities: (A) Poles or electrolier used exclusively for street lighting being served by an underground electric system, except that lines and wires shall be underground. (B) Overhead wires attached to 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 or to the supplying utility located outside of the District boundary without crossing any public street. (C) Antennae associated equipment and supporting structures, used by a utility for furnishing communication services. (D) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. (E) Temporary poles, overhead wires and associated overhead structures used in conjunction with construction projects. Section 7. Notice to Utility Companies. Within ten (10) days after the effective date of a resolution adopted pursuant to this Ordinance, the City Clerk shall mail a copy of resolution to all affected utilities. Section 8. Responsibility of Utility Companies. If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to this Ordinance, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required under its applicable rules, regulations and tariffs on file with the Commission. Section 9. Notice to Property Owners. Within thirty (30) days after the effective date of a resolution adopted pursuant to this Ordinance, the City Clerk shall mail a notice of the City Council 's action to all property owners within the District. Section 10. Responsibility of Property Owners. (A) Every person owning, operating, leasing, occupying, or renting a building within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 7 hereinabove, and the termination on or within said building being served. If the above is not accomplished by any person within the time provided for in the -3- resolution adopted pursuant to this Ordinance, the Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after receipt of the notice. (B) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail or either of such persons, the notice must be addressed to the person in possession of such premises and also to the owner thereof. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy to be posted in a conspicuous place on said premises. (C) The notice given by the Engineer to provide the required underground facilities shall specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of the notice, the Engineer will authorize such required underground facilities to be provided in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (D) If upon the expiration of the thirty (30) day period the said required underground facilities have not been provided, the Engineer shall proceed to have the work completed provided, however, if the premises are unoccupied and no electric or communications services are being furnished, the Engineer may in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service. Upon completion, the Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be asessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter. (E) The Engineer shall, prior to the time for hearing of protests, give a notice in writing to the owner in the manner hereinabove provided for of the time and place that the City Council will pass upon such report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment. (F) At the hour and date set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. -4- (G) If any assessment is not paid within five (5) days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made and the Engineer is directed to turn over to the County Auditor/Controller a list of properties on which the assessment has not been paid, and the Auditor/Controller shall be requested to add the amount of assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as property taxes are due and payable. If not paid when due and payable, the assessment shall bear interest at the current rate charged by the County Treasurer' s Office for delinquent property tax levies. Section 11. Responsibility of City. City shall remove at its own expense all City owned equipment from all poles required to be removed hereunder in ample time to enable owner or user of such poles to remove the same within the time specified in the resolution adopted pursuant to this Ordinance. Section 12 . Extension of Time. In the event that any act required herein or by a resolution adopted pursuant to this Ordinance cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor distrubances, civil disobediance, 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 . Official Records of Underground Utility Districts. After the effective date of a resolution adopted pursuant to this Ordinance, the City Clerk shall send a certified copy of such resolution and all appended documents, charts, or maps to the County Surveyor and to the Engineer. The official records of the District shall be kept by the City Clerk. Section 14. Continued Effect. Any provision of law not specifically or by necessary implication amended hereby shall remain in full force and effect. Section 15. Severability. This Ordinance and the various sections, sentences, and clauses hereof are hereby declared to be severable. If any section, sentence, or clause hereof is adjudged to be unconstitutional or invalid by a court of record, the remainder of this Ordinance shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and such part thereof regardless of the portion or part that was declared to be unconstitutional or invalid. Section 16. Declaration of Urgency. This Ordinance is hereby declared to be an Urgency Measure and is for the immediate preservation of the public peace, health and safety. The facts constituting such urgency are there currently is no procedure for establishing underground utility districts within the City and the -5- establishment of such districts may be necessary to preserve the health, safety and welfare of the community. Section 17. Effective Date. This Ordinance shall be in full force and effect upon its adoption. Section 18. Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places designated by the City Council, within fifteen (15) days after its passage. ATTEST: City Clerk of th46 City of Grand M ' or of the bity of Grand Terrace and of the City Council Terrace and of the City Council thereof. thereof. I, LORETTA THOMPSON, City Clerk of the City of Grand Terrace do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 26th day of Fe�ruary , 1987, by the following vote: AYES: Councilmenibers Pfennighausen, Grant, Evans, Crawford; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None L--7�r s�Y-- City Cle Approved s to form: C City Attorney 6.