O 010 C.S.
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ORDINANCE NO. 10 C.S.
ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
THE MUNICIPAL CODE BY ADDING CHAPTER 5, TO TITLE 9
OF THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE
PROVIDING FOR UNDERGROUND UTILITIES
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN
AS FOLLOWS:
SECTION 9-5.01- DEFINITIONS:
For the purposes of this Chapter, unless otherwise apparent
from the content, certain words and phrases used in this Chapter
are defined as follows:
(a) "City" shall mean the City of Arroyo Grande.
(b) "Commission" shall mean the Public Utili ties Commission
of the State of California.
(c) "Council" shall mean the City Council of the City of
Arroyo Grande.
(d) "Person" shall include individuals, firms, corporations,
partnerships, and their agents and employees.
(e) "TJnderground Utility District" or "District" shall
mean an area in the City within which poles and over-
head wires and associated overhead structures are
prohibited by an ordinance adopted pursuant to the
provisions of Section 9-5.02 of this ordinance.
(f) "Poles and overhead wires and associated overhead
structures" shall mean poles, towers, supports, wires,
conductors, guys, stubs, platforms, crossarms, braces,
transformers, insulators, cut-outs, switches, communi-
cation circuits, applicances, attachments, and appur-
tenances located above ground, upon, along, across,
or over the streets, alleys and ways of the City, and
used or useful in supplying electric, communication,
or similar or associated service.
(g) "Utility" shall include all persons or entities sup-
plying electric, communication, or similar or associated
service by means of electrical materials or devices.
SEC. 9-5.02. Creation of Underground Utility Districts.
The Council may, from time to time, call public hearings
to ascertain whether the public necessity, health or safety re-
quires the removal of poles and overhead wires and associated
overhead structures from any public streets, alleys, or ways
within designated areas of the City and the underground instal-
lation of wires and facilities for supplying electric, communi-
cation, or similar or associated service. In the event that
the City Council calls such a public hearing the City Clerk of
the City shall notify all affected property owners and utilities
by mail of the time and place of such hearing at least (30) days
prior to the date thereof. If, after any such publiC hearing, i
the Council finds that the public necessity, health or safety r
requires such removal and such underground installation within
any such area, the Council shall, by ordinance, declare such
area an Underground Utility District. Such ordinance shall in-
clude a description of the area comprising such District and shall
fix the time within which such poles and overhead wires and other
associated overhead structures must be removed and within which
affected property owners must be ready to receive underground
service. The Council shall allow a reasonable time for such re-
moval, having due regard for the availability of necessary labor,
materials and equipment for such removal and for the installation
of such underground facilities as may be occasioned thereby,
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SEC. 9-5.03. Requirement and Restrictions in District.
(a) All new or remodeled buildings in the Underground Utility
District requiring electric or communication service shall
have such service supplied from a service lateral placed
underground from the main electric or communication service
facilities within the bUilding to the sidewalk area. Where
the utility's distribution system is underground, said ser-
vice lateral shall terminate at a location in the sidewalk
area designated by the utility. All conduits, conductors
and associated equipment necessary to receive utility ser-
vice by means of said underground service lateral shall be
provided by the person owning, operating, leasing or rent-
ing said building, subject to applicable rules, regulations
and tariffs of the supplying utility on file with the Com-
mission and to the lawful requirements of State laws and
City ordinances.
(b) The supplying utility shall furnish that portion of the con-
duits, conductors and associated equipment required to be
furnished by it for an underground connection, under and
subject to the provisions of its applicable rules, regula-
tions and tariffs on file with the Commission.
(c) For purposes hereof a building shall be deemed to be remodel-
ed if within any twelve (12) month period, addi tions, altera-
tions or repairs are made thereto the cost of which exceeds
fifty per cent (50%) of the current replacement cost of the
building. In determining the cost of such additions, altera-
tions or repairs there shall be excluded the cost of any work
required by this ordinance.
(d) Whenever the Council by ordinance declares an area of the
City an Underground Utility District as provided in Section
9-5.02 hereof, it shall be unlawful for any person or utility
to maintain any pole, overhead wire or associated overhead
structure within the District after the date when said over-
head facilities are required to be removed.
(e) Any person or utility who shall erect, construct, place,
keep, maintain, continue, employ, or operate any such pole
or overhead wire or associated overhead structure in the Dis-
trict, or who shall neglect to take down and remove any such
pole, overhead wire or associated overhead structure within
the time designated in said ordinance, or who shall otherwise
fail to comply with the provisions of this ordinance, shall
be guilty of a misdemeanor under Section 1-2.01 of the
Municipal Code.
(f) Single family residential buildings are exempt from the
provisions of Section 9-5.03.
SEC. 9-5.04. Exception by Special Permission.
The Council may grant special permission, on such terms as
the Council may deem appropriate, in cases of emergency or unusual
c i rcums tance s , without discrimination as to any person or utility,
to erect, construct, install, maintain, use or operate, poles and
overhead wires and associated overhead structures, notwithstanding
any other provisions of this ordinance.
SEC. 9-5.05. Exceptions.
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 installed under the super-
vision and to the satisfaction of the City Engineer of the
City; ,
(b) Poles and overhead wires and associated overhead structures
used exclusively for street lighting;
(c) Wires (exclusive of supporting structures) crossiug
any portion of a District from which overhead wires
have been prohibited, or connecting to buildings with-
in the perimeter of such portion, when such wires
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originate in an area from which poles and overhead
wires and associated overhead structures are not
prohibited;
(d) Overhead wires attached to the exterior surfaces 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 build-
ing, without crossing a street;
(e) Radio antennae, their associated equipment and support-
ing structures, used by a utility for furnishing com-
munication services; or
(f) Service terminals in pedestals aboveground, used to
distribute electric or communication service in under-
ground systems;
(g) Equipment appurtenant to underground facilities, such
as surface mounted transformers, pedestal mounted termi-
nal boxes and meter cabinets, and concealed ducts.
SEC. 9-5.06. Notification of Affected Property OWners and utilities.
Within ten (10) days after passage of an ordinance pursu-
ant to Section 9-5.02 hereof, the City Clerk shall notify all
affected utilities and all persons owning real property within
the District described in said ordinance of the adoption thereof,
and shall further notify such affected property owners of the
necessity that, if they or any person occupying such property
desire to continue to receive electric, conutlunication, or other
similar or associated service, they or such occupant shall 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, requlations and
tariffs of the respective utility or utilities on file with the
Commission and to the requirements of State laws and City ordi-
nances.
Notification shall be made by mailing a copy of said ordi-
nance, together with a copy of this ordinance, to the affected
utilities and to affected property owners as such are shown on
the last equalized tax roll of the County of San Luis ObiSpo.
SEC. 9-5.07. Underground Construction.
If underground construction is necessary to provide utility
service within the area affected by any ordinance enacted pursuant to
fEC.9-S.02 hereof, the supplying utility shall furnish that portion
of the conduits, conductors, service boxes and associated equip-
ment required to be furnished by it under its applicable rules,
regulations and tariffs on file with the Commission. Underground
construction by the utility shall be accomplished in accordance
with established construction standards and in accordance with
the rules and regulations authorized by the Commission and shall
be completed within the time for removal of overhead facilitiea
specified in the ordinance enacted pursuant to Section 9-5.02
hereof.
SEC. 9-5.06. Property owner's Responsibility
(a) All underground construction, condui ts, conductors and
associated equipment necessary to receive utility service be-
tween the service facilities referred to in Sec. 9-5.07 hereof
and the service facilities in the building or structure being
served shall be provided by the person owning, operating, leas-
ing or renting said property, subject to applicable rules, regu-
lations and tariffs of the respective utility or utilities on
file with the Commission and to the lawful requirements of State
laws and City ordinances.
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(b) In the event the person owning, operating, leasing or
renting said property does not comply with the provisions of
subparagraph (a) of this Section within the time provided for
in the ordinance enacted pursuant to Section 9-5.02, the Ci ty
Council 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.
(c) Non-compliance by any person owning, operating, leas-
ing or renting said property with the provisions of this Section
shall constitute a misdemeanor under Section 9-5,03 hereof.
Until such time as an order is issued pursuant to subparagraph
(b) of this Section, the supplying utility shall not be in vi6-
lation of this ordinance or the ordinanc~ enacted pursuant to
Section 9-5.02 hereof in continuing to maintain overhead faci-
lities necessary to serve such person during the period of such
non-compliance and such reasonable time thereafter as may be
necessary to remove the same.
SEC. 1'1-5.09. Obligation of City.
The City shall remove its poles 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 ordinance enacted pursuant to Section 9-5.02
hereof.
SEC. 9-5.10. Force Majeure.
In the event that any act required by this ordinance or
by an ordinance enacted pursuant to Section 9-5.02 hereof can-
not be performed within the time herein provided on account of
shortage of materials, war, restraint by publiC authorities,
strikes, labor disturbances, or any other circumstances beyond
the control of the parties, then the time within which such
act will be accomplished shall be extended for a period equiva-
lent to the time of such limitation.
SEC. 9-5.11. Effective Date.
This ordinance ehall be in full force and effect thirty
(30) days after its pusage,. and within fifteen (15) days after
its passage it shall be published once, together with the names
of the Councilmen voting thereon, in the Arroyo Grande Herald.
-Recorder.
On motion by Councilman schlegel, seconded by Councilman
Burt, and on the following roll call vote, to wit I
AYES: Councilwoman Thompson, Councilmen Levine,
Schlegel, Burt and Mayor Wood
NOES. None
ABSENT: None
the foregoing Ordinance was passed and aaoptAild tl1is:27th day
of June, 1967.
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Mayor
ATTEST:
City Clerk
I, Polly s. Millar, City Clerk of the Cit~ of Arroyo Grande, County of
San Luis ~biS~O, StarS 8f california, d~ ereb~ certif~ that t~e f9ae-
going Ord nan a No. .S. s a true, ulan corrac coty 0 sa1
Ordinance passed and adopted by tha CitK C~URCta of t~e ~,K 8f Ar~oyo
Grande ~~ a regular meet1ng of sai Cou ci e on t e t ay 0
June, 1 7.
WS~~S m~ hand an~ ghe seal of the City of Arroyo Grande affixed this
2 t ay f June, 9 7.
~ity Clerk of the City of Arroyo Grande
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