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Ordinance - 1025ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADDING CHAPTER 5 TO ARTICLE VII OF THE MUNICIPAL CODE OF THE CITY OF WEST COVINA PROVIDING FOR THE INSTALLATION OF UNDERGROUND ", LTTY LINES. The City Council of the City of West Covina does ordain as follows: SECTION 1. Chapter 5 is hereby added to Article VII of the Municipal Code of the City of West Covina to read: Chapter 5.' Underground Utility Lines "7501. The City Council of West Covina hereby finds, determines and declares that the public interest requires that all electrical, telephone, telegraph, cable television and similar service wires which provide direct service to property being developed in the City of West Covina, shall be placed underground for the following reasons: a. In areas adjacent to existing or committed underground development there are hazards to the safety of children in the flying of kites for they have no knowledge of over- head utility wires nearby. b. In the event of wind, rain, or electrical storm overhead wires increase the danger of fires. c. Overhead wires create additional hazards to go the general public, fire fighters, tree maintenance men, and construction personnel using cranes, booms, and other construction equipment. Therefore, the construction of underground utility lines promotes and preserves the health, safety and general welfare of the public and assures the orderly development of the City of West Covina. The City Council hereby finds, determines and declares that it is in the public interest for all utility lines to be placed underground as soon as possible. 7502. Utility lines including, but not limited to, electric, communications, street lighting and cable television, shall be placed underground unless special permission to construct said lines above the ground is granted as provided in Section 7503. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground. Any person subdividing or developing land shall make the necessary arrangements with the utility companies involved to provide for the underground installation of utility lines. 7503. If the enforcement of the provisions of this chapter would result in undue hardship due to topographical, soil, or other conditions, property owners may make application for an exception from the provisions of this chapter in the following manner: a. Written application shall be filed with the Planning Department. n is cases: b. The application shall include all informa- tion necessary to properly apprise the Plan- ning Commission of the circumstances existing which require the exception. A copy of the application shall be forwarded to the City Engineer for his report and recommendation. c. Within thirty days after the filing'of the application, the Planning Commission shall conduct a hearing on the application. Upon completion of the hearing, the Planning Commission shall make its recommendation to the City Council. d. Within thirty days after the receipt of the recommendation of the Planning Commission, the City Council shall conduct a hearing thereon and may grant or deny the application. e. The filing fee for the application for excep- tion shall be $25.00 or such other fee as the City Council fr6m time to time shall estab- lish by resolution. Said fee shall be paid to the City at the time of filing. No appli- cation shall be considered filed until the established fees have been paid to the City. 7505. This chapter shall not apply in the following a. Utility lines which do not provide service to the area being developed, redeveloped or subdivided. b. A single R-1 lot is surrounded by improved developed property, all of which has above- ground utilities. c. Temporary utility lines installed for construc- tion purposes prior to occupancy of a structure." SECTION 2. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage, adoption and publication thereof, and shall cause the same to be published once within fifteen days after its passage. 1968. Attest: Adopted, signed and approved this 22nd Aay of January , City Clerk Approved as to form: (10'tei k--bi - U�ty Aytorney _2_ ty of West Covina STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) 10 I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1025 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of January, 1968. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 22nd day of January, 1968, by the following vote, to -wit: AYES: Councilmen Nichols, Gleckman, Krieger NOES: Councilman Snyder ABSENT: Councilman Gillum 0 0 Z' & ) - //U/11' ,/ � q__ a� City Clerk -3-