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HomeMy WebLinkAboutOrd 1189-1996ORDINANCE NO. 1189-96 AN ORDINANCE ORDERING REMOVAL OF OVERHEAD STRUCTURES, WIRES AND FACILITIES AND INSTALLATION OF UNDERGROUND WIRES AND FACILITIES IN THE TENNIS DRIVE UNDERGROUND UTILITY DISTRICT 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 July 24, 1996, 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 associated services in the Tennis Drive Underground Utility District; 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 opportunity 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 Tennis Drive Underground Utility District, which area is shown on the plat entitled "Tennis Drive Underground Utility District" dated June, 1996, 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 which were impeding the growth of the palm trees that are of historic interest. D. The streets, roads or rights-of-way in the District are used by the general public and used for access to Orange Memorial Park. SECTION 2. ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT. The Tennis Drive Underground Utility District as shown on the plat entitled "Tennis Drive Underground Utility District" dated June, 1996, 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 February 1, 1997 as the date on which affected property owners in the Underground Utility District 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 Tennis Drive Underground Utility District, within the following times: A. Underground installation by utility companies and property owners and reconnections not later than March 1, 1997, which time may be reasonably extended by the City Engineer. B. Removal of poles, overhead wires and other associated overhead structures not later than March 31, 1997, which time may be reasonably extended by the 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 Tennis Drive Underground Utility District requiring a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required). 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 Tennis Drive Underground Utility District 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 Tennis Drive Underground Utility District 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 Ordinance 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, regulations and tariffs of the respective utility or utilities on file with the Public Utilities 2 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. 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 Councilmembers voting for or against the Ordinance, in the San Mateo Times, a newspaper 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 at a regular meeting of the City Council of the City of South San Francisco, held the 24th day of July , 1996. 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, held the 14th day of August , 1996, by the following vote: AYES: Counci]members Joseph A. Fernekes, Eugene R. Mu]lin, John R. Penna, Robert Yee and Mayor Jack Drag0 NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 14th day of August , 1996. ~ ~~~ Tennis.U~ 4