HomeMy WebLinkAboutTC Ord 1965-07-26
ORD I NANCE NO. 37
UNDERGROUND ORDINANCE
The City Counci I of the City of Tiburon does ordain as fol lows:
Section I. Definitions. Whenever in this ordinance the words or phrases hereinafter
in this section defined are used, they shal I have the respective meanings assigned tc
them in the fol lowing definitions:
(a) "City" shal I mean the City of Tiburon, a municipal corporation
of the State of Cal ifornia.
(b) "Commission" shall mean the Publ ic Uti I ities Commission of thG
State of Cal ifornia.
(c) "Counci I" shall mean the City Counci I of City.
(d) "Underground Uti I ity District" or "District" shall mean that area in
city more particularly described as fol lows:
Said area is shown on the map marked Exhibit "A" which is
attached hereto and hereby made a part hereof.
(e) "Person" shal t include individuals, firms, corporations,
partnerships, and their agents and employees.
(f) "Pales and overhead wires and associated ovorhead structures" shat I
mean poles, towers, supports, wires, conductors, guys, stubs, platforms,
crossarms, braces, transformers, insulators, cut-outs, switches,
communication circuits, appl iances, attachments, and appurtenances
located aboveground, upon, along, across, or over the streets, alleys
and ways of City, and used or useful in supplying electric, communication,
or similar or associated service.
(g) The word "util ity" shal I include al I persons or entities supplying
electric, communication, or similar or associated service by means
of electrical materials or devices.
Section 2. Completion of Underground Program.
(a) After one hundred and twenty (120) months from the effective date of
this ordinance, it shal I be unlawful for any person to maintain, own,
continue to own, operate, or continue to operate or install, any poles
and overhead wires and associated overhead structures on any publ ic
street, alley or way within the Underground Uti lity District.
(b) In order to provide for the orderly removal of existing poles and
overhead wires and associated overhead structures within the Underground
Util ity District by tho end of the one hundred and twenty (120) months
specified in subparagraph (a) of this Section 2, it is the intention of
the Council, insofar as may be practicable, to adopt rosolutions pursuant
to Section 3 of this ordinance which wi II result in tho removal of poles
and wires and associated overhead structures:
(I) from approximately 50% of tho area of tho District
by July 26, 1970, and
(2) from 100% of tho aroa of the District by July 26, 1975.
It is also the intention of the Counci I, in fixing tho areas from which
poles and overhead wires and associated overhead structures are to be
removed, to give duo consideration to the costs to be incurred by the
util ities in such removal and in the construction of replacing under-
ground facilities to the end that such costs wil I be evenly distributed
over said one hundred twenty (120) months.
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Soction 3. Publ ic Hearing re Removal of Overhead Wires.
The Counci I may, from time to time, cal I publ ic hearings to ascertain whether the
publ ic necessity, health or safety or publ ic welfaro requires the removal of poles
and overhoad wires and associated overhead structures from any publ ic stroet, al ley,
or way, within the Underground Uti I ity District. The City Clerk of City shal I notify
al I affected property owners and util ities by mai I of tho time and place of such
hearing at least thirty (30) days prior to the date thoroof. If after such publ ic
hearing the Counci I finds that the public necessity, health or safety or publ ic
welfare requires such removal, the Counci I shal I by resolution order such removal.
A description of the portion of the Underground Uti I ity District from which said
poles and overhead wires and associated overhead structures arc to be removed shal I
be included in said resolution.
Section 4. Time Within Which to Remove Poles, etc.
The Council shall, in such resolution, fix the time within which such poles and over-
head wires and associated overhead structures must be removed and within which affected
property owners must be ready to receive underground service. The Council shal I al low
a reasonable time for such removal, having duo regard for tho aval lability of necessary
labor, materials and equipment for such removal and for the installation of such
underground facilities as may be occasioned thereby.
Section 5. Unlawful to Maintain Poles, etc.
Whenever the Councl I orders the removal of poles and overhead wires and associated
overhead structures as provided in Section 3 hereof, it shal I be unlawful for any
person or utility to maintain any pole, overhead wires or associated overhead structure
on any public street, al ley, or way within the portion of the District described in
said resolution after the date when said faci lities are required to be re~ved.
Any person or uti lity who shall erect, construct, place, keep, maintain, continue,
employ, or operate any such pole or overhead wire or associated overhead structuro on
any public street, al ley, or way within the portion of the District described in said
resolution, or who shal I neglect to take down and remove any such pole, overhead wire
or associated overhead structure within the time designated in said resolution, or
who shal I otherwise fail to comply with the provisions of this ordinance, shal I be
guilty of a misdemeanor, and upon conviction thereof shal I be punishable by a fine of
not less than Five Hundred Dollars ($500.00). Each consecutive fifteen (15) day period
during which the failure to comply with the provisions hdreof shal I continue shal I
constitute a separate offense.
Section 6. Exception by Special Permission.
The Council may grant special permission, on such terms as the Counci I may deem
appropriate, in cases of emergency or unusual circumstances, without discrimination
as to any person or util ity, to erect, construct, instal I, maintain, use or operate,
poles and overhead wires and associated overhead structures, notwithstanding any
other provisions of this ordinance.
Section 7. Exceptions.
This ordinance shall not apply to the fol lowing types of faci tities:
(a) Poles used exclusively for pol ice and fire alarm boxes or any simi lar
municipal equipment instal led under the supervision and to the satisfaction
of the City Engineer of City;
(b) Poles and overhead wires and associated overhead structures used
exclusively for street lighting;
(c) Wires of a continuous lead crossing any portion of the District from
which overhead wires have been prohibited, or connecting to bui Idings
on the perimeter of such portion, when such continuous lead originates
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 bui Iding by means of
a bracket or other fixture and extending from one location on the building
to another location on the same bui Iding or to an adjacent bui Iding without
crossing any publ ic street;
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(e) Radio antennae, their associated equipment and supporting structures,
used by a uti I ity for furnishing communication services; or
(f) Service terminals in pedestals aboveground, used to distribute electric
or communication service in underground systems.
Section 8. Notification of Affected Property Owners and Uti I itie5.
Within ten (10) days after passage of a resolution ordering remov!t of poles and
overhead wires and associated overhead structures pursuant to Section 3, the City
Clerk of City shal I notify al I affected util ities and al I persons owning real property
within the portion of the District described in said resolution of the adoption thereof.
Said City Clerk shal I further notify said property owners of the necessity that, if
they or any person occupying such proporty desire to continue to receive electric,
communication or other similar or associated service, they or such occupant shal I
provide aJ I necessary facil ity changes on their premises so as to receive such service
from the I ines of the supplying util ity or uti I ities at a new location, subject to
applicable rules, regulations and tariffs of the respective uti I ity or utll ities on
file with the Commission and to the requirements of State laws and City ordinances.
Notification shal I be made by mail ing a copy of the resolution, together with a copy
of this ordinance, to tho affected utilities and to affected property ownors as such
are shown on the last equal ized tax rol I of the County of Marin.
Section 9. Underground Construction.
If underground construction is necessary to provide util ity service within the area
affected by any resolution adopted pursuant to Section 3, the supplying util ity shal I
furnish that portion of the conduits, conductors and assocfated equipment required
to be furnished by it under its appl icable rules, regulations and tariffs on fi Ie
with the Commission. Underground construction by the uti I ity shal I be accompl ished in
accordance with established construction standards and in accordance with the rules
and regulations authorized by the Commission, and shat I be completed within the time
for removal of overhead faci I ities specified in the resolution adopted pursuant to
Section 3.
Section 10. Property Owners' Responsibil ity.
Ca} AI I conduits, conduct~ts and associated equipment necessary to receive util ity
service between service conductors or underground pipe or conduit of the supplying
utility and the service faci I ities in the bui Iding or structure being served shal I be
provided by the person owning, operating, leasing, or renting snid property, subject
to applicable rules, regulations and tariffs of the respective utility or util ities
on fi Ie with the Commission and to the lawful requirements of State laws and City
ordinances.
Cb) In the event the person owning, operating, leasing or renting said property does
not comply with the provisions of subparagraph (a) of this Section 10 within the time
provided for in the resolution adopted pursuant to Section 3, the City Engineer shal I
have the authority to order the disconnection and removal of any and al I overhead
service wires and associated faci tities supplying util ity service to said property.
(c) Non-compl iance by any person owning, operating, leasing or renting said property
with the provisions of this Section 10 SEal I constitute a misdeanor under Section 5.
Until such time as an order is issued pursuant to subparagraph (b) of this Section 10,
the supplying utility shal I not be in violation of this ordinance in continuing to
maintain overhead faci lities necessary to serve such person during the period of such
non-compl iance and such reasonable time thereafter as may be necessary to remove the
same.
Section I I. Obi igation of City.
City shal I remove its pol ice and fire alarm circuits or any simi lar municipal equip-
ment at its own expense from al I 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 resolution adoptod pursuant to Section 3.
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Section 12. Force Majeure.
In tho event that any act required by this ordinanc0 or by a resolution adoptee
pursuant to Section 3 cannot be performed within the time provided on account 0;
shortage of mater i a I s, war, restra i nt by pub Ii C author i ties, str i kes, I abo;-
disturbances, or any other circumstances beyond the control of the actor, thor:
the time within which such act wi I I be accomplished shal I be extended for 6
period equivalent to the time of such limitation.
Section 13. Publ ication--Effoctive Date.
The City Clerk ot City shal I cause this ordinance to be publ ished once withir
fifteen (15) days after its adoption, in Ebb Tide ,
a newspaper of general circulation, publ ished and circulated in City. This ordinance
shal I take effect and shal I bo in force from and after the expiration of thirty (30)
days attor its adoption.
First read at a regular meeting of the City Counci I of City held on the 12th day of
July, 1965, and finally adopted and ordered publ ished at a regular meoting of said
Counc i I on the 26th day of J u I Y , 1965, by tho fa 1 low i ng vote:
AYES:
COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge
NOES:
COUNCILMEN: None
ABSENT:
COUNC I LMEN: None
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