HomeMy WebLinkAboutOrd 1003-1986ORDINANCE NO. 1003-86
AN ORDINANCE ORDERING REMOVAL OF OVERHEAD
STRUCTURES, WIRES AND FACILITIES AND INSTAL-
LATION OF UNDERGROUND WIRES AND FACILITIES
IN THE AIRPORT BOULEVARD UNDERGROUND UTILITY
DISTRICT NO. i
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds and determines as follows:
A. A public hearing was duly called and held on March 26, 1986 at the hour
of 7:30 p.m. in the Community Room of the Municipal Services Building, 33 Arroyo
Drive, South San Francisco, California, to ascertain whether or not 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 associ-
ated services in the Airport Boulevard Underground Utility District No. l; and
that notice of such hearing was given to all affected property owners as shown
on the last equalized assessment rolls and to all utilities concerned in the
manner and for the time required by law; and all persons were given an oppor-
tunity to be heard.
B. The public necessity, health, safety and welfare require the removal of
poles, overhead wires and associated structures, and the underground installation
of wires and facilities for supplying electric, communication or similar associated
services in that area known as the Airport Boulevard Underground Utility District
No 1, which area is shown on the plat entitled "Airport Boulevard Underground
Utility District #1" dated Nov. 85, Jan. 86, attached hereto as Exhibit "A" and
incorporated herein by reference.
C. The undergrounding to be accomplished pursuant to this Ordinance will
void or eliminate any unusually heavy concentration of overhead distribution
facilities.
D. The streets, roads or rights-of-way in the District are extensively used
by the general public and carry a heavy volume of pedestrian or vehicular traffic.
SECTION 2. ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT.
The Airport Boulevard Underground Utility District No. I as shown on the
plat entitled "Airport Boulevard Underground Utility District #1, dated Nov. 85,
Jan. 86, attached hereto as Exhibit "A" and incorporated by reference herein, is
hereby established.
SECTION 3. REMOVAL OF OVERHEAD FACILITIES AND ESTABLISHMENT OF TIMES THEREFOR.
The Council fixes November 3, 1986 as the date on which affected property
owners in the Airport Boulevard Underground Utility District No. 1 must be ready
to receive underground service and does hereby order that all poles, overhead
wires and associated overhead structures be removed and underground installations
made in said Airport Boulevard Underground Utility District No. 1, within the
following times:
A. Underground installation by utility companies and property owners and
reconnections not later than November 14, 1986, which time may be reasonably
extended by the Deputy City Manager/City Engineer.
B. Removal of poles, overhead wires and other associated overhead structures
not later than November 21, 1986, which time may be reasonably extended by the
Deputy City Manager/City Engineer.
SECTION 4. UTILITIES TO BEAR CERTAIN COSTS.
A. Each utility which undertakes underground installation of its facilities
shall use the underground conversion allocation computed pursuant to decisions
of the Public Utilities Commission of the State of California for the purpose
of providing to each of the premises in Airport Boulevard Underground Utility
District No. 1 requiring a maximum of one hundred feet of individual electric ser-
vice trenching and conductor (as well as backfill, paving and conduit, if required).
2
B. Each other affected serving utility will provide service trenching and
conductor in accordance with its tariffs on file with the California Public
Utilities Commission or as required by its Franchise Agreement with the City.
Each property owner in Airport Boulevard Underground Utility District No. 1
shall be responsible for the installation and maintenance of the conduit and
transmission box located on, under or-within any structure on the premises
served.
SECTION 5. NOTICE.
The City Clerk is hereby instructed to notify all affected utilities and all
persons owning real property within the Airport Boulevard Underground Utility
District No. 1 of the adoption of this Ordinance within ten (10) days after the
date of said such adoption. The City Clerk shall further notify said property
owners of the necessity that, if they or any person occupying such property
desire to continue to receive electric, communication or other similar or
associated service, they or such occupant shall, by the date fixed in this Ordi-
nance 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 loca-
tion, subject to applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Public Utilities Commission of the State
of California. The notification shall be made by mailing a copy of this Ordinance
together with a copy of Chapter 13.16 of the South San Francisco Municipal Code
to the affected property owners as such are shown on the last equalized roll and
to the affected utilities.
SECTION 6. ADOPTION PURSUANT TO CHAPTER 13.16.
This Ordinance is adopted pursuant to Chapter 13.16 of the South San Francisco
Municipal Code, which Chapter codified Ordinance No. 556, which was passed and
adopted on the 7th day of August, 1967.
3
9thday of
AYES:
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
SECTION 8. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once, with the names of those City Council
members voting for or against the Ordinance, in the Enterprise-Journal, a news-
paper of general circulation in the City of South San Francisco, as required by
law, and shall become effective thirty (30) days from and after its adoption.
Introduced this 26th day of March , 86 ·
Passed and adopted as an Ordinance of the City of South San Francisco at a
regular meeting of the City Council of the City of South San Francisco this
April , 1986 by the following vote:
Councilmembers Mark N. Addieqo, John "Jack" Draqo, Richard A. Halley.
Gus Nicolopulos; and Roberta Cerri Teqlia
None
None
NOES:
ABSENT:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 9th
d~y~~ April ,1986
--/ Mayor
4
13.16.010
Chapter 13.16
UNDERGROUND UTILITY INSTALLATIONS*
Sections:
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.080
13.16.090
13.16.100
13.16.110
13.16.120
13.16.130
13.16.140
13.16.150
13.16.160
13.16.170
13.16.180
Definitions.
Public hearing by council.
Ordinance for removal of overhead structures
and underground installation.
Unlawful acts.
Exception, emergency or unusual circumstances.
Additional exceptions.
Notice to property owners and utility
companies.
Responsibility of utility companies.
Responsibility of property owner--Notice.
Notice--Servi ce.
Noti ce -- Con tents.
Performance of work by city--Assessment.
Assessment--Notice.
Assessment--Hearing and confirmation.
Assessment--As lien.
Responsibility of city.
Extension of time.
Penalty for violation.
13.16.010 Definitions. Whenever in this chapter 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. "City" means the city of South San Francisco, a
municipal corporation of the state of California.
B. "Commission" means the Public Utilities Commission
of the state.
C. "Council" means the city council of the city.
D. "Person" includes individuals, firms, corporations,
partnerships, and their agents and employees.
E. "Poles and overhead wires and associated overhead
structures" means poles, towers, supports, wires, conductors,
guys, stubs, platforms, crossarms, braces, transformers,
insulators, cutouts, switches, communication circuits,
For the statutory provisions on the conversion of overhead
electrical and communication facilities to underground
locations, see Str. and H. Code ~5896.1 et seq.; for
statutory provisions providing for the assessment of prop-
erties obtaining connections to underground facilities,
see Gov. Code §38793.
341
,.16.020--13.16.040
appliances, attachments and appurtenances located aboveground
upon, along, across or over the public streets, alleys and
ways of the city and used or useful in supplying electric,
communication or similar or associated service.
F. "Utility" includes all persons or entities supplying
electric, communication or similar or associated service by
means of electrical materials or devices. (Ord. 566 Sl, 1967).
13.16.020 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 and overhead wires and associated overhead
structures from any public streets, alleys or ways within
designated areas of the city and the underground installation
of wires and facilities for supplying electric, communication
or similar or associated service. The city clerk shall notify
all affected property owners and utilities by mail of the time
and place of such hearings at least thirty 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 hearing all
persons interested shall be given an opportunity to be heard.
(Ord. 566 S2, 1967).
13.16.030 Ordinance for removal of overhead structures
and underground installation. If, after any such public
hearing, the council finds that the public necessity, health,
safety or welfare requires such removal and such underground
installation, the council shall by ordinance order such removal
and underground installation. The ordinance shall designate
the public streets, alleys or ways, or portions thereof, from
which such poles and overhead wires and associated overhead
structures must be removed and such underground installation
made, and shall fix the time within which such work must be
done. A reasonable time shall be allowed for such removal
and underground installation, 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. (Ord. 566 §3, 1967).
13.16. 040 Unlawful acts. Whenever the council orders
the removal of poles and overhead wires and associated over-
head structures as provided in Section 13.16.030, it is unlaw-
ful for any person or utility to erect, construct, place, keep,
maintain, continue, employ or operate any pole, overhead wire
or associated overhead structure in any public street, alley
or way in the designated area after the date when the overhead
facilities are required to be removed, except as the overhead
facilities may be required to furnish service to an owner or
occupant of property prior to the performance by such owner
or occupant or the city engineer of the underground work
necessary for such owner or occupant to continue to receive
342
· 3.16. 050--13.16.070
utility service as provided in Sections 13.16.090 and
13.16.120, and for such reasonable time required to remove the
facilities after the work has been performed, and except as
otherwise provided in this chapter. (Ord. 566 S4, 1967).
13.16.050 Exception, emergency or unusual circumstances.
The council may grant special permission, on such terms as
the council may deem appropriate, in cases of emergency or
unusual circumstances without discrimination 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
chapter. (Ord. 566 S5, 1967).
13.16.060 Additional exceptions. This chapter 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
supervision and to the satisfaction of the city engineer;
B. Poles and overhead wires and associated overhead
structures used exclusively for street lighting;
C. Overhead wires (exclusive of supporting structures)
crossing any portion of an area from which overhead wires
have been prohibited, or connecting to buildings on the pe-
rimeter of such portion, when such wires originate in an area
from which poles and overhead wires and associated overhead
structures are not prohibited;
D. Overhead wires attached to the exterior surface of
a building by means of a bracket or other fixtures and extend-
ing from one location on the building to another location on
the same building or to an adjacent building without crossing
any public street;
E. Radio antennas, their associated equipment and sup-
porting structures, used by a utility for furnishing communica-
tion services; or
F. Equipment appurtenant to underground facilities,
such as surface mounted transformers, pedestal mounted terminal
boxes and meter cabinets, and concealed ducts. (Ord. 566 S6,
1967).
13.16.070 Notice to property owners and utility companies.
A. Within ten days after passage of an ordinance pursuant to
Section 13.16.030, the city clerk shall notify all affected
utilities and all persons owning real property within the area
designated in the ordinance of the adoption thereof. 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 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
343
13.16.080--13.16.100
utility or utilities at a new location, subject to applicable
rules, regulations and tariffs of the respective utility or
utilities on file with the Comission.
B. Notification by the city clerk shall be made by
mailing a copy of the ordinance adopted pursuant to Section
13.16.030, together with a copy of the ordinance codified
herein, to the affected utilities and to affected property
owners as such are shown on the last equalized assessment
roll of the county of San Mateo. (Ord. 566 S7, 1967).
13.16.080 Responsibility of utility companies. If
underground construction is necessary to provide utility
service within the area designated by any ordinance adopted
pursuant to Section 13.16.030, 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.
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. (Ord. 566 S8, 1967).
13.16.090 Responsibility of property owner--Notice.
All underground construction and conduits, conductors and
associated equipment necessary to receive utility service
between the service facilities referred to in Section
13.16.080 and the service facilities in the building or struc-
ture being served shall be provided by the person owning,
operating, leasing or renting the property, subject to appli-
cable rules, regulations and tariffs of the respective utility
or utilities on file with the Commission. If the above is not
accomplished by any person within the time provided for in
the ordinance adopted pursuant to Section 13.16.030, the city
engineer shall give notice in writing to the person in posses-
sion of such premises, and a notice in writing to the owner
thereof, to provide the required underground facilities within
ten days after receipt of such notice. (Ord. 566 ~9, 1967).
13.16.100 Notice--Service. Notice pursuant to Section
13.16.090 may be given either by personal service or by mail.
In case of service by mail, the notice must be deposited in
the United States mail in a sealed envelope with postage pre-
paid, addressed to the person in possession of such premises
at such premises, and the notice must be addressed to the
owner thereof as such owner's name appears, and must be
addressed to such owner's last known address as the same
appears on the last equalized assessment roll of the county,
and when no address appears, to general delivery, city of
South San Francisco. 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 hours after the mailing
344
~3.16.110--13.16.140
thereof. If notice is given by mail to either the owner or
occupant of such premises, the city engineer shall, within
forty-eight hours after the mailing thereof, cause a copy
thereof, printed on a card not less than eight inches by ten
inches in size, to be posted in a conspicuous place on the
premises. (Ord. 566 $9.1, 1967).
13.16.110 Notice--Contents. The notice given pursuant
to Section 13.16.090 shall particularly specify what work is
required to be done, and shall state that if the work is not
completed within ten days after receipt of such notice the
city engineer will provide such required underground facilities,
in which case the cost and expense thereof will be assessed
against the property benefited and become a lien upon such
property. (Ord. 566 ~9.2, 1967).
13.16.120 Performance of work by city--Assessment. If
upon the expiration of the ten-day period specified in Sec-
tion 13.16.110, the required underground facilities have not
been provided, the city engineer shall forthwith proceed to
do the work; provided, however, if such premises are unoccupied
and no electric or communication services are being furnished
thereto, the city engineer may, in lieu of providing the
required underground facilities, order the disconnection of
all existing connections used for furnishing electric and
communication services to such premises. Upon completion of
the work by the city engineer, he shall file a written report
with the 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 assessed. The council shall thereupon fix
a time and place for hearing protests against the assessment
of the cost of such work upon such premises, which time shall
be not less than ten days thereafter. (Ord. 566 §9.3, 1967).
13.16.130 Assessment--Notice. The city engineer shall
forthwith, upon the time for hearing such protests having
been fixed, give a notice in writing to the person in posses-
sion of such premises, and a notice in writing to the owner
thereof, in the manner hereinabove provided for the giving
of the notice to provide the required underground facilities,
of the time and place that the council will pass upon the
report of the city engineer and will hear protests against
such assessment. Such notice shall also set forth the amount
of the proposed assessment. (Ord. 566 ~9.4, 1967).
13.16.140 Assessment--Hearing and confirmation. Upon
the date and hour set for the hearing of protests, the council
shall hear and consider the report and all protests, if there
are any, and then proceed to affirm, modify or reject the
assessment. (Ord. 566 §9.5, 1967) .
345
1..16.150--13.16.180
13.16.150 Assessment--As lien. If any assessment is not
paid within five days after its confirmation by the council,
the amount of the assessment shall become a lien upon the
property against which the. assessment is made by the city
engineer, and the city engineer is d~rected to turn over to
the assessor and tax collector for the city a notice of lien
on each of the properties on which the assessment has not
been paid, and the assessor and tax collector shall add the
amount of the 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 the property taxes are due and payable, and if not
paid when due and payable shall bear interest at the rate of
six percent per year. (Ord. 566 S9.6, 1967).
13.16.1~0 Responsibility of city. The city shall remove
at its own expense all city-owned equipment 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 adopted pursuant to Section
13.16.030. (Ord. 566 ~10, 1967).
13.16.170 Extension of time. In the event that any act
required of any party herein referred to cannot 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 actor, then the time within which such act
will be accomplished shall be extended for a period equiva-
lent to the time of such limitations. (Ord. 566 ~11, 1967).
13.16.180 Penalty for violation. Any person violating
any of the provisions of this chapter is guilty of an infrac-
tion, and upon conviction such person shall be punished as
provided in Section 36900 of the Government Code. (Ord. 840
§2(part), 1980: Ord. 685 ~2(part), 1975; Ord. 566 ~12, 1967).
346/348
(South San Francisco
6/81)
NOTICE
AIRPORT BOULEVARD UNDERGROUND UTILITY DISTRICT NO. I
NOTICE IS HEREBY GIVEN THAT:
1. Ordinance No. 1003-86 entitled "An Ordinance Ordering Removal of
Overhead Structures, Wires and Facilities and Installation of Underground Wires
and Facilities in the Airport Boulevard Underground Utility District No. 1," was
adopted April 9, 1986 .
2. Copies of the Ordinance and Chapter 13.16 of the South San Francisco
Municipal Code are attached to this notice in accordance wit~ Section 5 of the
Ordinance.
3. Notice has been given to private owners in accordance with Section 5.
The City Council of the City of South San Francisco fixed November 3, 1986 , as
the date on which affected property owners must be ready to receive underground
service.
Dated: April 14, 1986
Your property is located within an Underground Utility District called
Airport Boulevard Underground Utility District No. 1. The City Council in
Ordinance No. 1003-86 adopted April 9, 1986 , required that your
property and all other properties located in the Underground Utility District
be ready to receive underground service by November 03, 1986 , if you desire
to continue to receive electrical, communication or other similar services.
This will require you to provide necessary facility changes on your premises
for receipt of electrical, communication or other similar or associated ser-
vices from the supplying utility in accordance with the terms of the ordinance.
This notice is sent to you together with copies of Ordinance No. 1003-86
and Chapter 13.16 of the South San Francisco Municipal Code so that you will be
fully advised regarding the requirements to prepare your property for under-
ground services by November 14, 1986 . A map of the Underground Utility
District is attached as Exhibit "A" to Ordinance No. 1003-86 .
Please call the Deputy City Manager/City Engineer at 877-8538 if you desire
any information regarding your obligation in this matter, particularly with
respect to the work to be done on your premises and how that work is to be
accompl i shed.
Very truly yours,
Barbara A. Battaya
City Clerk