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 .
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(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-
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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
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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.
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(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
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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.