Ordinance - 1064ORDINANCE NO. 1064
.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA ADDING CHAPTER 6 TO ARTICLE VII OF
THE MUNICIPAL CODE OF THE CITY OF WEST COVINA
ESTABLISHING REGULATIONS AND PROCEDURES FOR THE
REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE
. INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND
UTILITY DISTRICTS.
The City Council of the City of West Covina does ordain as
follows:
SECTION 1.. Chapter 6 is hereby added to Article VII of the
Municipal Code of the City of West Covina to read:
"CHAPTER 6 - UNDERGROUND UTILITY DISTRICTS
7551. DEFINITIONS.
Whenever the words or phrases defined in this section are
used in this Chapter, they shall have the respective meanings:
(a) 'Commission' means the Public Utilities Commission of
the State of California.
(b) 'Underground Utility District' or 'District' means
that area in the City within which poles, overhead wires, and
associated overhead structures are prohibited as such area is
described in a resolution adopted pursuant to Section 7553.
• (c) 'Poles, overhead wires and associated overhead
structures' shall mean poles, towers, supports, wires, con-
ductors, guys, stubs, platforms, crossarms, braces, trans-
formers, insulators, cutouts, switches, communication circuits,
appliances, attachments and appurtenances located above -ground
within a District and used or useful in supplying electric,
communication or similar or associated service.
(d) 'Utility' includes all persons or entities supplying
electric, communication or similar or associated service by
means of electrical materials or devices.
7551.5. REPORT BY CITY ENGINEER.
Prior to calling a public hearing pursuant to Section
7552, the City Council shall instruct the City Engineer to con-
sult with all affected utilities and prepare a report for the
consideration of the Council containing, among other information,
his recommendations for the boundaries of a proposed underground
utility district, the extent of each utility..'s_ participation
and estimates of the total costs to the City and affected property
owners. Such report shall also contain an estimate of the time
required to complete such underground installation and removal
of overhead facilities.
7552. PUBLIC HEARING BY COUNCIL.
• Upon the receipt of the report of the City Engineer,.the
Council may call a public hearing to ascertain whether the public
necessity, health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures within desig-
nated 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 each property
owner within the designated areas, as shown on the last equalized
assessment roll, and utilities concerned, by mail of the time and
place of such hearing at least ten days prior to the date thereof.
At the hearing all interested persons shall be given an
opportunity to be heard. The hearing may be continued from time
• to time as may be necessary. The decision of the Council shall
be final and conclusive.
7553. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY
RESOLUTION.
If, after any such public hearing the Council finds that the
public necessity, health, safety or welfare requires such removal
and such underground installation within a designated area, the
Council shall, by resolution, declare such designated area an
Underground Utility District and order such removal and underground
installation. Such resolution shall include a description of the
area comprising such district and shall fix the time within which
such removal and underground installation shall be accomplished
and within which affected property owners must be ready to
receive underground service. A reasonable time shall be allowed
for such removal and underground installation, having due regard
for the availability of labor, materials and equipment necessary
for such removal and for the installation of such underground
facilities as may be occasioned thereby.
7554. UNLAWFUL ACTS.
Whenever the Council creates an Underground Utility District
and orders the removal of poles, overhead wires and associated
• overhead structures therein, it shall be unlawful for any person
or utility to erect, construct, place, keep, maintain, continue,
employ or operate poles, overhead wires and associated overhead
structures in the District after the date when said overhead
facilities are required to be removed by such resolution, except
as said overhead facilities may be required to furnish service to
an owner or occupant of property prior to the performance by such
owner'or occupant of the underground work necessary for such owner
or occupant to continue to receive utility service as'provided in
Section 7559, and for such reasonable time required to remove said
facilities after said work has been performed, and except as other-
wise provided in this Chapter.
7555. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES.
Notwithstanding the provisions of this Chapter, overhead
facilities may be installed and maintained for a period, not
to exceed ten days, with the authority of the City Engineer in
order to provide emergency service. The Council may grant
special permission, on such terms as the Council may deem
appropriate, in cases of unusual circumstances, without dis-
crimination as to any person or utility, to.erect, construct,
install, maintain, use or operate poles, overhead wires and
associated overhead structures.
7556. OTHER EXCEPTIONS.
• In any resolution adopted pursuant to Section 7553, the
City may authorize any or.all of the following exceptions:
(a) Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the City Engineer.
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(b) Poles, or electroliers used exclusively for street
lighting.
(c) Overhead wires (exclusive of supporting structures)
crossing any portion of a District within which overhead wires
have been prohibited, or connecting to buildings on the perimeter
of a District, when such wires originate in an area from which
• poles, overhead wires and associated overhead structures are not
prohibited.
(d) Poles, overhead wires and associated overhead structures
used for the transmission of electric.energy at nominal voltages
in excess of 34,500 volts.
(e) Overhead wires attached to the exterior surface of a
building by means of a bracket or other fixture and extending from
one location on the building to another location on the same build-
ing or to an adjacent building without crossing any public street.
(f) Antennae, associated equipment and supporting structures,
used by a utility for furnishing communication services.
(g) Equipment appurtenant to underground facilities, such
as surface mounted transformers, pedestal mounted terminal boxes
and meter cabinets, and concealed ducts.
(h) Temporary poles, overhead wires and associated over-
head structures used or to be used in conjunction with construction
projects.
7557. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
• Within ten days after the effective date of a resolution
adopted pursuant to Section 7553, the City Clerk shall notify all
affected utilities and all persons owning real property within the
District created by the resolution of the adoption thereof. The
City Clerk shall also notify such affected property owners that,
if they or any person occupying such property desire to continue
to receive electric, communication, or similar or associated
service, it will be necessary for them or such occupant to pro-
vide those facility changes on their premises necessary to receive
such service from the lines of the supplying utility or utilities
at a new underground location.
Notification by the City Clerk shall be made by mailing a
copy of the resolution together with a copy of this Chapter to
all affected property owners as shown on the last equalized
assessment roll and to the affected utilities.
7558. RESPONSIBILITY OF UTILITY COMPANIES.
If underground construction is necessary to provide utility
service within a District, the supplying utility shall furnish
that portion of the conduits, conductors and associated equipment
required to be furnished by it under its applicable rules, regu-
lations and tariffs on file with the Commission.
• 7559. RESPONSIBILITY OF PROPERTY OWNERS.
(a) Every person owning, operating, leasing, occupying or
renting a building or structure within a District shall construct
and provide that portion of the service connection on his property
between the facilities referred to in Section 7558 and the termi-
nation facility on or within said building or structure being served.
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(b) If any person owning, operating, leasing,.occupying
or renting said property does not comply with the provisions of
subparagraph (a) within the time provided for in the resolution,
the City Engineer shall post written notice on the property being
served and thirty days thereafter may order the disconnection
and removal of any and all overhead service wires and associated
facilities supplying utility service to said property.
(c) The notice to comply shall particularly specify what
work is required to be done and shall state that if said work is
not completed within thirty days after the date of the posting of
such notice, the City Engineer may order the disconnection and
removal of any and all overhead service wires and associated
facilities supplying utility service to said property.
756o. RESPONSIBILITY OF CITY.
City shall remove at its
ment from all poles required to
ample time to enable the owner
same within the time specified
District.
7561. EXTENSION OF TIME.
own expense all City -owned equip -
be removed within the District in
or user of such poles to remove the
in the resolution creating the
If any act required by this Chapter or by a resolution
creating a District cannot be performed within the time provided
on account of shortage of materials, war, restraint by public
authorities, strikes, labor disturbances, civil disobedience, or
any other circumstances beyond the control of the actor, the time
within which such act is required to be accomplished shall be
extended for a period equivalent to the time of such limitation.
7562. CONSTITUTIONALITY.
If any section, subsection, sentence, clause or phrase of
this Chapter is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
Chapter. The Council hereby declares that it would have adopted
the Chapter and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid."
SECTION 2. The City Clerk shall certify to the passage of
this ordinance and cause the same to be published as required by law.
Adopted, signed and approved this 12th day of November ,
1968.
Mayor
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
•I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1064 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 28th day of October , 1968. That,
thereafter, said ordinance was duly adopted and passed at a regular
meeting of the City Council on the 12th day of November , 1968,
by the following vote, to wit.:
AYES: Councilmen: Chappell, Nichols, Gillum, Gleckman
NOES: Councilmen: None
ABSENT:Councilmen: Lloyd
AFPROVE0 AS TO FORA �
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