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R 3896 RESOLUTION NO. 3896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING EAST GRAND AVENUE UNDERGROUND UTILITY DISTRICT NO.6 WHEREAS, the City Council of the City of Arroyo Grande conducted a public hearing on the 13th day of December, 2005, at the hour of 7:00 P.M. in the Council Chambers of the City Hall, 215 E. Branch Street, Arroyo Grande, California, to ascertain whether the public necessity, health, safety or welfare required the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services. within that certain area of the City of Arroyo Grande shown and described in the map entitled "East Grand Avenue Utility Undergrounding" attached hereto as "Exhibit A" and made a part hereof by reference; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessrnent roll and all utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITY OF ARROYO GRANDE AS FOLLOWS: that pursuant to Chapter 16.72 of the Arroyo Grande Municipal Code, the area of real property shown in "Exhibit A", is hereby declared an Underground Utility District, and is designated as "East Grand Avenue Underground Utility District NO.6 of the City of Arroyo Grande". BE IT FURTHER RESOLVED that the Council does hereby fix, that after written notice and demand delivered to property owners, said affected property owners must be ready to receive services by June 2007, or at a later time as determined by the prime utility's construction schedule, and the Council does hereby order the removal of all public utilities of all poles, overhead wires and associated overhead structures and the underground installation of said wires and facilities for supplying electriccornmunication, or similar or associated service within East Grand Avenue Underground Utility District NO.6 before September 2007. BE IT FURTHER RESOLVED that the Director of Administrative Services/City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within East Grand Avenue Underground Utility District No. 6 of the adoption of this Resolution within ten (10) days after the date of such adoption. Said Director of Administrative Services/City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electrical, telecommunication or other sirnilar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this Resolution, together with a copy of said section of the Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. RESOLUTION NO. 3896 PAGE 2 BE. IT FURTHER RESOLVED that the Council hereby finds, based on substantial evidence in the record of these proceedings, that the reasons for creation of such Underground Utility District are as follows: 1. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities, 2. The streets, roads, or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic and said undergrounding will promote the orderly control of such traffic. 3. The said streets, roads or rights-of-way adjoin or pass through a civic area, consequently, such underground is more efficient than any other method and adds to the aesthetic appearance of the area so undergrounded. On motion of Council Member Guthrie, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES:' NOES: ABSENT: Council Members Guthrie, Arnold, Dickens, and Mayor Ferrara None Council Member Costello the foregoing Resolution was passed and adopted this 13th day of December, 2005. RESOLUTION NO. 38lflp PAGE 3 \ ~Ah. ~ TONY F A, MAYOR - ATTEST: ~ tMt~M- KELLY ETM RE, CITY CLERK APPROVED AS TO CONTENT: >c-~;::/~~~> : STEVEN ADAII1IS~ CITY MANAGER APPROVED ASTO FORM: Q , CITY ATTORNEY <( J- - co - :c >< w ~ ~ ~ ~ I :i ~. 2- 2 W-1 (; z . . 'dH NOA~TvH <.01 J-i (,)' - ~. I- (f) - o >- 01- w- (f)::! 01- rl.:::J 00 ~Z rl.::J o 0:: " (t' LU o Z ::J '.is W13 . CJ Z<I: W-w Co::: jZ<I: Z:).- W (~ > 0 U <cr:t::J "0 Q~o::: ZWo... <CCW D::::ZI .C) :) .- !. I- >- LLO : tn I- '<c - 0... . ...I.A' W_"""-I.... ...~ :::) RESOLUTION NO. 3896 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3896 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of December 2005. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of December 2005. 16.72.010 Chapter 16.72 UNDERGROUND UTILITIES Sections: 16.72.010 16.72.020 16.72.030 16.72.040 16.72.050 16.72.060 16.72.070 16.72.080 16.72.090 16.72.100 16.72.110 16.72.120 16.72.010 Definitions. Hearings. Designation of underground utility districts. Unlawful acts. Exceptions-Emergencies or unusual circumstances. Other exceptions. Notices to property owners and utility companies. Responsibility of utility companies. Responsibility of property owners. Responsibility of city. Extension of time. . Violations-Penalties. Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: "Commission" means the public utilities commission of the state. "Person" means and includes individuals, firms, corporation, partnerships, and their agents and employees. "Poles, overhead wires, and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments,' and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar' or associated services. "Underground utility district" or "district" means 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 Section 16.72.030 of this chapter. "Utility"means and includes all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices. (Prior code ~ 9- 16.010) 16.72.020 Hearings. 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, oveFhead wires, and associated overhead' structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services. 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 date 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. (prior code ~ 9-16.020) 666 Designation of underground utility districts. 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 areas, the council shall, by resolution, 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 shall be ready to receive underground services. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of the labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Prior code ~9- 16.030) 16.72.030 16.72.040 Unlawful acts. Whenever the council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures, as set forth in Se~tion 16.72.030 ofthis chapter, it is 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 date when such overhead facilities are required by resolution to be removed, except such overhead facilities as may be required to furnish services to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or 16.72.030 occupant to continue to receive utility services as set forth in Section 16.72.090 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter. (Prior code ~ 9-16.040) 16.72.050 Exceptions-Emergencies or unusual circumstances. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without the authority of the council, in order to provide emergency services. The council may grant special pennission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires, and associated overhead structures. (prior code ~ 9-16.050) 16.72.060 Other exceptions. The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 16.72.030 of this chapter shall not. unless otherwise provided in such resolution, apply to the following types of facilities: A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer; B. Poles or electroliers used exclusively for street lighting; C. Overhead 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, where such wires originate in any area from which poles, 667 16.72.070 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 thirty-four thousand five hundred (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, associated equipment, and supporting structures" used by a utility for furnishing communication services; G. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes . and meter cabinets, and concealed ducts; and H. Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects. (Prior code ~ 9-16.060) 16.72.070 Notices to property owners and utility companies. Within ten (10) days after the effective date of a resolution adopted pursu~t to the provisions of Section 16.72.030 of this chapter, the city clerk shall notify all affected utilities, and all persons owning real property within the district thereby created, of the adoption of the resolution. The city clerk 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, communication, or similar or associated services, they or such occupant, shall provide all necessary facility changes on their premises so as to recei ve such services from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utilities on file with the commission. Such notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 16.72.030 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as they are shown on the last equalized assessment roll and to the affected utilities. (Prior code ~ 9-16.070) 16.72.080 Responsibility of utility companies. If underground construction is necessary to provide utility services within a district created by any resolution adopted. pursuant to the provisions of Section 16.72.030 of this chapter, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Prior code ~ 9- 16.080) 16.72.090 Responsibility of property owners. A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 16.72.080 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utilities on file with the commission. 668 B. In the event any person owning, operating, "leasing, occupying or renting such property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 16.72.030 of this chapter, the city engineer shall post a written notice on the property being served and thirty (30) days thereafter shall ha~e the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility services to such property. (Prior code ~ 9-16.090) 16.72.100 Responsibility of city. The city shall remove at its own expense all city-owned equipment from all poles required by the provisions of this chapter to be removed in ample time to enable the owner or user of such poles to remove such equipment within the time specified in the resolution enacted pursuant to the provisions of Section 16.72.030 of this chapter. (Prior code ~ 9-16.100) 16.72.110 Extension of time. In the event any act required by the provisions of this chapter, or by a resolution adopted pursuant to the provisions of Section 16.72.030 of this chapter, cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil "disobedience, or any other circumstances beyond the control of the actor, the time within which' such act shall be accomplished shall be extended for a period equivalent to the time of such limitation. (Prior code ~ 9-16.110) 16.72.100 16.72.120 Violations--Penalties. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and, upon conviction thereof, " shall be punishable as set forth in Chapter 1.16. (Prior code ~ 9-16.120) 669