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O 010 C.S. -- , ~. . 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, -1- - .---.---".- - . 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 -2- -- I ~. "" 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. -3- - ~ , ,- (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. - ~~&~ 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 ~-- -- ..-..---