HomeMy WebLinkAboutOrd 986-1985ORDINANCE NO. 986-85
AN ORDINANCE ORDERING REMOVAL OF OVERHEAD
STRUCTURES, WIRES AND FACILITIES AND INSTAL-
LATION OF UNDERGROUND WIRES AND FACILITIES
IN THE PRODUCE AVENUE UNDERGROUND UTILITY
DISTRICT NO. 2
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 June 12, 1985 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 Produce Avenue Underground Utility District No. 2; 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 Produce Avenue Underground Utility District
No. 2, which area is shown on the plat entitled "Produce Avenue Underground Utility
District No. 2, City of South San Francisco" dated May 1, 1985, 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.
E. This Ordinance provides for scheduling the undergrounding of utilities to
conform to the construction schedule of the widening of Produce Avenue, which is
now scheduled with work to commence on August 1, 1985.
SECTION 2. ESTABLISHMENT OF PRODUCE AVENUE UNDERGROUND UTILITY DISTRICT NO. 2.
The Produce Avenue Underground Utility District No. 2, as shown on the plat
entitled "Produce Avenue Underground Utility District No. 2, City of South San
Francisco" dated May 1, 1985, 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 September 3, 1985 as the date on which affected property owners
in the Produce Avenue Underground Utility District No. 2 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 Produce Avenue Underground Utility District No. 2, within the following
times:
A. Underground installation by utility companies and property owners and
reconnections not later than October 1, 1985, 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 1, 1985, which time may be reasonably extended by the
Deputy City Manager/City Engineer.
SECTION 4. NOTICE.
The City Clerk is hereby instructed to notify all affected utilities and all
persons owning real property within the Produce Avenue Underground Utility
District No. 2, of the adoption of this Ordinance within ten (10) days after
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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 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 5. 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 6. 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 7. 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 12th day of June , 1985.
Passed and adopted as an Ordinance of the City of South San Francisco at a
re.qular meeting of the City Council of the City of South San Francisco this 26th
day of June , 1985 by the following vote:
AYES: CouncilmPmhers Mark N. AddiPgn, Fman~JPlm N. ~lnmnntm,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: Councilmember Richard A. Haffey
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 26th day of June ,1985.
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EXHIBIT A TO ORDINANCE NO.
ADOPTED June 26. 1985
986-85
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