Loading...
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