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O 071 C.S. . f . ~. . ORDINANCE NO. 7l C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 5 TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO TIlE ESTABLISHMENT OF REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROu~D FACILITIES IN UNDERGROUND UTILITY DISTRICTS. The City Council of the City of Arroyo Grande does ordain as follows: SECTION 1: Chapter 5, Title 9 of the Arroyo Grande Municipal Code is amended to read as follows: SECTION 9- 5.01 DEFINITIONS: Whenever in this ordinance the words or phrases hereinafter in this section 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) IIUnderground Utility District" or "District" shall mean that area in the City within which p.:.l8S, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 9-5.03 of this ordinance. (c) "Person" shall mean and include i.nvidivuals, firms, corporations, partnerships, and their agents and employees. (d) "Poles3 overhead wir<<B and associated overhead structures" shall mean po les , towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transfonners, 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" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. SECTION 9-5.02 PUBLIC HEARING BY COUNCIL The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the undergro~nd installation of wires and facilities for supplying electric, cammunication, 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 dat~ thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. SECTION 9- 5.03 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by re3olution, declare such designated area an Underground Utility District and order such removal and underground installation. Such 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 mus t be rc.ady to receive underground service. A reasonable time shall be allowed for such re~oval and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. . SECTION 9- 5.04 UNLAWFUL AC TS Whenever the Council creates an Gnc.c,rgrm.md Utility District and orders the removal of poles, overhead wires ana d.350ciatE:d overhead structures therein as provided in Section 9-.5.03 hereof, it shall be unlawful for any person or utility to erect~ construct, place, keep, maintain, t.bntinue, employ or Optrate poles, ove.rhead wires and associated. overhe,ad. structures in thE:: District after the date when said ovet"bead facilities arc required to be removed by such resolution, exc.ept as said'. overhead facilities may be required to furnish service to an owner or occupant of property prior to the p.erformance by s."ch owner or occupant of the underground work necessary for such owner or occupant to continue to receive utili.ty service. as provided in Section 9-5.09 hereof, and for such reasonable time requ.ired to remove said faciliti.es after said work c.as be.en performed, and except as otherwise provided in this ordinance. SECTION 9- 5.05 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES Notwithstanding the provisions of this ordinance, overhead 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, constrcct, install, maintain, use or operate poles, overhead wires and associated overhead structures. SECTION 9-5.06 OTHER EXCEPTIONS This ordinance and any resolution adopted pursuant to Section 9-5.03 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities: (a) Any municipal facilities or equipment installed under the super- vision and to the satisfa.ction of the City Engi.n~er. (b) Poles or electroliers used exclusively for street lighting. (c) OVtrhbad 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 a District, when such wires , originate in an area from which poies, 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 fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. (f) Antennae, associ.ated. equipment and supporting structures, used by a utility for furnishing cOlI!JIJ.unication services. (g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal monnt:c,d terminal boxes and meter cabinets, and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be tcs"d in conjunction with construction projects. SECTION 9-5.07 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES Within ten (10) days after the effective date, of a resolution adopted pursuant to Section 9-5.03 he.reof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of thii adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continua to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes ,db. their premises so as to roceive such service from the lines of the supply<ing utility or utilities at a new location, subject to app11cablc rules, regulations and tariffs of the respective utility or utilities on file with the Commission. - L - . . : - . Notification by U,,, City CLrk ,;lCc;, , '. ':'Z':.a,L!;~ by TJlai.ling J: COP)~ of the resolution ddopb..~d pu!suant to S,,;:~ctiL:n " . D J~, t",:'gEther with a cop:';' of t~ht.s ordinancc'. ~. to affectii';d, pr0p.._~rt:'i' ownt'_TS d.~' S',_i( .~ axe shown ,_.on r:'1I,-2 LdS r eqv.aHzEd assessmt::Ilt roll and[Q tJ1.~.' H.ff,,'ct~:'d 'ci,r:ilit,L:-;" SECTION 9- 3.08 RESPONSIBlnTY OF CTILITY COMP~N.lES If underground c.onstt~(:.ti.0n i.~ nt~c',~s:"r1.T'Y' to prdvid( 'utili.ty service within a Dis trict cl'ea,t~d. b)" any t'PRol:ti.tlon d.dopt,~"d p'~:::.rFudnt to S'~"'c.tiDn 9~". 03 ht~reof, the, supplying utility shall f'~.rr-n:i.sh that pi.y.rtlon of ttJ.e condu:it~~ cond"l~ctors and assoc.iate,d Eql'!.ipmi::'cnt.ri.',:quLr12:d to b~;,; furnishd1. 'by it under its appl:icable. rules, regulations and, ta.riff's on fil~' 'w'ith th~" C:Y!tiJ:d,ssion8 SECTION 9- 5.09 RES PONS LBILITY OF PROPERTY OWNERS (a) Ev~ry person awning~ operati.ngj. le:8s lng, occupying ;)'r renting a building or structuro, within fi DIstrict shall p~,tform constrl1cticn and provide that portion of th8 s~rv:ici2 c.onnH,;' tlon on his prop~I'ty betwCe.n oLe facilities referred to i.n S~~'ction 9-5.08 and tIt';; 'termina.tion facili.ty' OIl (~r within said building or str1icturf~ bc:,:ing St.:rveCi., all in accordanct~ '"rit.h applica.ble rules, regulations anG ci,r:Lffs of t'h,f-.: n':sp""LL:L\:',::~ 'utility or ntiliti",:s on fIle with the Commissivn. (b) In t.b.t' t~vt:~n.c n,ny pErson owning, ope't'ating~ leds ,:Lng~ occ\lpying or renting Baid propct't:'l d()(~5 noe comply with, tht: provisions of ",'abpdragraph (a) of thr~ Secti.on 9-5..09 within the t1.ml:.~ p:rovided for in the !"',::,solu.ti.oI1 enacted pursuant to See tion 9- 5 e OJ h1;:',or\;~of} thfo C:i.t}' Engineer 51).0',11 post 'Written notice on the property being s"rved'ind thirty (30) days U",reafteI' shall have the authority' to ord.(~r the, disconnection and ri';~:uova.l of any and a.ll overhead service M,Tlres and associat~:::d. Llci.lit:ie~ snpplying tltl1.ity' s{:rvic~: to said property. SECTION 9- 5 .10 RESPONSIBILITY OF CITY City shail r","eve at its own .'.:.>,xP:::!ls<.:: a.ll City'-'u"Wn~:;d equipment from all poles required tu bE: removed h\:,f'.;.;\.mch::l' in ample tlm(; co enable the owner or USEr of such po18~ to L';Jr\~-)Ve: thJ~ Sdme wit:~-~in t.h,,-:~ tLcne specifiE'd in the Teso1u- tion enac ted. pursuant t() Sl-~~ct:L('Ilt 9~.5 ~ 03 h21't:::of $ SEC nON 9- 5.11 EXTENSION OF TIME In the event that an:,;", act r~~q:iIJ.irBd b:yT this ordinance or by a resolution adopted pursuant to Section 9-5.03 h"reof cannot be performed within the time provided on accou.nt of shortage of mate:rials, war ~ restraint by public authorities, strikis, labor dis t-c.'Xbanc,':'.s ~ ci.viJ, disoh~;.di~~nc.e, or any oth-.;:r ci.rcumstances beyond the control of t'~_,..:: actor", t~t;'::n thf time witbin which such act will '0:: accOOlplish>:,~d sba1.l. bc' i2xt2nQ...::d for a pE-::riod equi:valent t.o the time of such Umi. tation. SECTION 9-'j.12 PENALTY It shall be unlawf:;l for d,n:^' p-;:'.[hon to violatE.: any provision or to fail to camp ly with any of th~\, t'exi:..ir:.m~.nt.s of t.h,is ot.'di.nanc'l;:.. Any person violating any provis ion of this ordinanc<e or faLti.og to compLy wi.th any of its require- ments shall b,' deElllC,d guLl ty of a mi,,(],,'lkanor and upon convic.tion thereof shall be punished by a fin~; not excf:t:,ding F.i:Vi Hundn,d Dollars ($500.00) or by imprisomDE:nt not f::'X',ci:::i'_\ding six (6):!!onths, or by both such fin,e and imprisonment. Each suc'h pl'~:rson shall be dee'.\Tl7.:c. gu.ilty of a. separate off2nse for each day during any portion of which any violation of !iny of the provisions of this ordinancE. is cOTImd.t,tpd~ c.ontinu~,d or pe,nnittEd by s,nch person, and shall be punishable ther"for as provided for in t.his o'rdinance. SECTION 9-" L.J CONS TIIUTIONALITY If any sf:ction~ sub~3ecti.onj sentf~n,e,~~ , clause or phr>!se' of this ordinance is for any reason hc'ld to b,. invalid, ~~~cb G~c1gion shall not affect the validity of the remaining portions of this ordi.nance. Th,' CouncIl hereby declares th!it it ",ould hav"adoptE'd th" ordInance and each section, sub-section, se.ntence~ claus'? or phrase thereof~ i.rT.:'spec. ti:ve of the fac t that anyonE, or mor;::.. sections ~ sub~s'2ctions~. sentpncf.:s, c la.uses or phraS8S bE d,'c 1 ared invalid. SECTION 9- 5, 14 PUBUCATION fu'IJD EFFECTIVE DATE This ordinance shall be in fGn fore'.' a<td "ffect thLcty (:)0) days after its passag~':,) and within fift""n (IS) days aft"'. its passage it shall be published once, together with the names of th~~ Cm.:tncil 'Mi:~mb;-"rs voting thereon, in the Five Cities Time-Press- Rc,corder. - j - , . . r .J~'~. ... n ~ On motion of following roll calI Cmlnc.ilman MLl.1 i::', ~, vats, to wit: 'i,.;on3tU b::? Cvur..'~~;'i,l:m8.n Talle.y and on th'8 AYES: Cm;nc:Ll!;l,f:fl MllI.:!.3 s TalJ,::,y:.> w<::,"::;d" Gi-: I,eon and Mayor 'Schlegel NOES: Nonp. ABSENT: None the foregoing Oniinance was passf,d and adopra} thi, 25th'day of Jul:;, 1972. C1t2#~~p:l ATTEST~~~~?~ ..'Y CLER I, POLLY S. KINGSLEY, ei.t:'. Clerk of the City of. Arro:m Grande, County of San Luis Obispo, Statf:. of C8.1:i.furnia, do her;:;.by certif:y' that -the foregoing Ordinc'ince No. 71 C. s. 1.S ~, tTt.'l.E, full anu CO'l':'t'E'.ct copy of s5,Id Drdi.nance passed and adopted by the C:i..ty Counci.l. of thl~ Ci.ty of Arro:.7o Grande ata regular meeting of said Council h<,ld on the 25th day of July, 1972. WITNESS my hand and the, 5"",1 of the. Clt:y of Arroyo Grand," affixed this 26th day of July, 1972. (SEAL)