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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. -2- (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. -3- U • (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 -4- 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 � C ; y f, C� • �, INrii % ` I _'ice - 5-