HomeMy WebLinkAbout6.2 Underground Utility District Ordinance CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: August 24, 1987
SUBJECT: Public Hearing: Ordinance Relating to Underground Utility
Districts
EXHIBITS ATTACHED: Draft Ordinance
RECOMMENDATION: 1) Open Public Hearing
2) Receive Staff presentation and public testimony
qL""'3) Question Staff and the public
4) Close Public Hearing and deliberate
5) Waive reading and introduce Ordinance Relating to
Underground Utility Districts
FINANCIAL STATEMENT: None
DESCRIPTION:
This proposed ordinance is part of the ongoing municipal code revision
and provides a procedure and means for establishing underground-utility districts
within the City. The draft ordinance is essentially the same as that adopted by the
County of Alameda.
The ordinance delineates the noticing procedures and requirements for
district formation and the responsibilities of the utility companies and property
owners. It also provides a means for the City to underground private service if the
property owner fails to do so, with the costs to become a lien on the property.
The utility companies have been given an opportunity to review the draft
ordinance. Three minor additions were made by P. G. & E. ; no comments were received
from Pacific Bell, Viacom, or DSRSD.
Staff recommends that the City Council waive the reading and introduce
the ordinance.
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ITEM NO. COPIES TO: PG&E, Pacific Bell, Viacom,
(002M DSRSD
ORDINANCE NO. —87
AN ORDINANCE OF THE CITY OF DUBLIN
RELATING TO UNDERGROUND UTILITY DISTRICTS ,
The City Council of the City of Dublin does ordain as follows:
ARTICLE 1. GENERAL
Section 1. DECLARATION OF FINDINGS.
The City Council of the City of Dublin -does hereby find and declare as
follows:
a) That as areas of the City become more thickly urbanized, the demand
for utility distribution facilities supplying electric,
communication, and similar services increases to the point that the
public welfare requires the. removal of poles and overhead wires and
associated overhead structures and the underground installation of
wires and facilities.
b) That it is in the best interest of the residents and persons using
the street, highways, and in such areas to require the
undergrounding of existing utility distribution facilities at the
time of and coincidental with major street improvements occurring
in such areas because of less disruption of traffic, and for the
better preservation, maintenance, and protection of the public
street, highways, curbs, gutters, and sidewalks.
c) That it is hereby declared to be in the public interest and in the
interest of members of the public using such public streets and
highways, because of) economies which may accrue both to property
owners in the vicinity and to the City in the construction,
maintenance, and repair of such public facilities, and in the
reduction of hazards, delays, and increases in the safety of
persons using same, and residing adjacent thereto and services by
such utility distribution systems, to provide for the
undergrounding of .such utility distribution systems at the same
time and coincidental with major street improvements occurring in
such areas.
d) That in order to accomplish such purposes, it is necessary to
provide for the creation of special undergrounding districts within
which the person supplying such utility services and the users of
same shall cooperate to accomplish the undergrounding of such
utility service systems and the undergrounding of connection
thereto by the users of such service, in accordance with the rules
and regulations on file with the California Public Utilities
Commission.
Section 2. DECLARATION OF PURPOSE AND OBJECTS.
The purposes and object of this Chapter are to accomplish the the
foregoing results, and the provisions thereof shall be liberally construed so
as to give full effect to the accomplishment of such purpose and object.
Section 3. DEFINITIONS.
a) "Person" as used herein shall include any public utility as defined
in Section 216 of the Public Utilities Code and any natural person,
joint venture, joint stock company, partnership, association, club,
company, corporation, business trust, or the manager, lessee,
agent, servant, officer, or employee of any of them.
b) "Utility Distribution Facilities" shall include all poles, wires,
or other overhead structure used in the supplying of distribution
service to properties adjacent to City roads or streets; provided,
however, that the term utility distribution facilities as used in
this Chapter shall not include metal poles used exclusively for
street lighting, traffic signals, pedestals for police and fire
system communications and alarm boxes, pad-mounted transformers,
pedestal-mounted terminal boxes and meter cabinets, concealed
ducts, or facilities used to carry voltages higher than thirty-five
thousand (35,000) volts.
c) "Modified Underground System" shall mean an electric or
communications distribution system consisting of metal poles
supporting high voltage wires, pad-mounted transformers, pedestal-
mounted terminal boxes and meter cabinets, concealed ducts,
switches, transformers and street lights, with all other facilities
and wires for the supplying distribution service being placed
underground.
d) "Distribution Service" shall include the supplying through utility
distribution facilities of electric, communication of similar
associated services.
e) "Council" shall mean the City Council of the City of Dublin.
ARTICLE 2. PROCEDURE FOR ESTABLISHING
UNDERGROUND UTILITY DISTRIBUTION FACILITIES DISTRICT.
Section 4. AUTHORITY.
Whenever the Council finds and determines that the public safety and
general welfare requires the establishment of an underground utility
distribution facilities district in order to accomplish the objects and
purposes of this Chapter, such Council may, by Ordinance, create and establish
such districts, from time to time. Before enacting an Ordinance establishing
such a district, the Council shall comply with the provisions of this Chapter.
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Section 5. REPORT.
The Council shall, prior to the adoption of a Resolution of Intention to
establish an underground utility distribution facilities district, order the
City Engineer to make and file with the Council a report on the proposed
project.
Section 6. RESOLUTION OF INTENTION.
After the report is considered by it, the Council may pass a Resolution
of Intention to establish the underground utility distribution facilities
district. The Resolution of Intention to establish such district shall:
a) Contain a statement of the intention to form the underground
utility distribution facilities district.
b) Contain a description and map delineating public streets and
affected properties, or portion thereof, from which such utility
distribution facilities must be removed and underground
installation made, and a designation of such district by a
distinctive number.
c) Fix the date by which property owners shall be ready to receive
underground distribution service and the date by which poles must
be removed, which dates of completion may be postponed for a
reasonable time for good and sufficient cause. A reasonable time
shall be allowed for such removal and underground installation
having due regard for availability of necessary labor, materials
and equipment for such removal and installation of such underground
facilities as may be occasioned thereby.
d) Fix the time and place for a public hearing thereon, at which
hearing protests and objections from all interested persons shall
be heard and considered.
e) Direct the City Clerk to give notice of such hearing in the manner
designated in this Chapter.
Section 7. NOTICE OF RESOLUTION; POSTING; CONTENTS.
After adoption of the Resolution of Intention to establish such district,
notice thereof shall be published once a week for two successive weeks in a
newspaper published and circulated in the county, and by posting notices in
conspicuous places along the street or streets within the proposed underground
district at not more than three hundred feet apart, but not less than three
notices in all, stating the fact and date of the adoption of the Resolution of
Intention, and the date, time, and place fixed for the hearing of protests and
objections. The publication and posting shall be at least ten days before the
date set for such hearing. The City Clerk shall also mail a copy of such
Resolution of Intention to each utility whose facilities are affected by such
Resolution.
Section 8. PROTESTS AND OBJECTIONS.
Any person interested who objects to the establishment of such proposed
district or to the extent of the boundaries thereof may file a protest or .
objection in writing with the City Clerk prior to the hearing or may present
oral protests and objections at the hearing.
Section 9. HEARING; FINAL DECISION; JURISDICTION TO PROCEED.
The Council shall hear, consider, and pass upon the protests and
objections at the time appointed therefor, or at any time to which the hearing
thereof may be adjourned, and may modify or correct the boundaries of the
proposed district. If such protests and objections are denied, or if no
protests and objections are filed, the Council may, by Ordinance, establish the
proposed district. The Council shall acquire jurisdiction to proceed upon the
date such Ordinance becomes effective.
ARTICLE 3. REGULATIONS
Section 10. RELOCATION OF DISTRIBUTION FACILITIES.
Whenever any underground district shall have been created by the Council
in accordance with the provisions of Article 2, all utility distribution
facilities in and for the purpose of supplying distribution service to
properties ad,7'acent to City roads or streets shall be placed underground in
accordance with the Ordinance establishing the underground district, except as
said overhead facilities may be required to furnish distribution service to the
owner or occupant of property prior to performance by such owner or occupant or
Building Official of underground work necessary for such owner or occupant to
continue to receive distribution service as provided in the following Section
and for such reasonable time as is required to remove said facilities after
said work has been performed, and except as otherwise provided in this
Ordinance.
Section 11. RESPONSIBILITY OF PROPERTY OWNER.
All underground construction and conduits, conductors and associated
equipment necessary to receive distribution service between the service
facilities referred to in Section 12 and the service facilities in the building
or structure being served shall be provided by the person owning, operating,
leasing, or renting said property, subject to applicable rules, regulations,
and tariffs of the respective utilities on file with the State Public Utilities
Commission. If the above is not accomplished by any person within the time
provided for in the Ordinance adopted pursuant to Article 2 hereof and the
notice provided for by Section 13, the Building Official shall give notice in
writing pursuant to Sections 14 and 15, to the person in possession of such
premises, and a notice in writing to the owner thereof to provide the required
underground facilities within ten (10) days after receipt of such notice.
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Section 12. RESPONSIBILITY OF THE UTILITY COMPANIES.' .
If, within the right-of-way, underground construction is necessary to .
provide distribution service within the area designated as an underground
district by any Ordinance adopted, pursuant to Article 2 hereof, the supplying
utility shall furnish that portion of the conduits,- conductors, and associated
equiment required to be furnished by it under its applicable rules,
regulations, and tariffs on file with the State Public Utilities Commission.,
construction by the utility companies of the facilities required to be put
underground by any Ordinance enacted. pursuant to Article 2 hereof shall be
accomplished in acordance with established construction standards and in
accordance with the rules and regulations authorized by the State Public
Utilities Commission.
Section 13. NOTICE TO UTILITY COMPANIES AND PROPERTY OWNERS.
Within .ten (10) days after passage of an Ordinance pursuant to Article 2
hereof, the City Clerk shall notify all affected utilities and all persons
owning real property within the area designated in said Ordinance,' of the
adoption thereof. The Clerk shall further notify such affected property owners
of the necessity that under the ordinance adopted pursuant to Article 2 hereof,
they shall provide all necessary facility changes on their premises necessary
to receive distribution service at least thirty (30) days before the time set
therein for completion of the undergrounding by utilities or as soon as service
from the facilities undergrounded by the supplying utility or utilities is
avilable, subject to applicable rules, regulations, and tariffs of the
respective utility or utilities on file with the State Public Utilities
Commission. Such written notice shall be approved as to form and content by
the Building Official and shall be made by said City Clerk. A copy of said
Ordinance adopted pursuant to Article 2 shall be sent to affected utilities and
to affected property owners in the manner set forth in 'Section 15.
Section 14. NOTICE TO MAKE FACILITY CHANGES.
Upon the expiration of the period specified in the notice provided for in
Section 13, the City Clerk shall certify to the Building Official the name and
address of each person to whom such written notice has been given who has not
completed all work required by Section 11. Upon receipt of such list of names,
the Building Official shall give notice in writing to the person in possession
of such premises, and a notice in writing to the owner thereof, to make such
facility changes within ten (10) days after receipt of such notice.
Section 15. NOTICE, HOW GIVEN.
Except as otherwise provided herein, the notice provided for in Section
13 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 prepaid, addressed to the person in possession of such
premises at such premises. If the person in possession is not the owner, a
notice must also be addressed to the owner thereof, as such owner's name
appears, and must be addressed to such owner's last known address as it appears
on the last equalized assessment rolls of the County of Alameda. Such notice
or notices shall be by registered or certified mail. If notice cannot be given
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by personal service or by mail, the Building Official shall cause a copy
thereof printed on a card of less than 8" x 10" in size to be posted in a
conspicuous place on said premises.
Section 16. NOTICE, CONTENTS.
The notice given by the Building Official provided for the Section 14
shall particularly specify what work is required to be done, and shall state
that if said work is not commenced and completed within ten (10) days after
receipt of such notice, the Building Official will make such connection, in
which case the cost and expense of said connection will be assessed against the
property benefited and become a lien upon such property.
Section 17. FACILITY CHANGES BY BUILDING OFFICIAL.
If, upon the expiration of the ten (10) day period provided for in
Section 14, the said facility changes have not been made, the Building Official
shall forthwith proceed to make such facility changes. Upon completion of such
facility changes by the Building Official, he shall file a written report with
the Council setting forth the fact that the facility changes have been
completed 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 facility changes upon such premises which said time shall not
be less than ten (10) days thereafter.
Section 18. NOTICE OF HEARING ON REPORT AND ASSESSMENT OF COST.
The Building Official shall forthwith, upon the time and place for
hearing protests having been fixed pursuant to Section 17, give a notice in
writing to the person in possession of the premises, and a notice in writing to
the owner thereof, in the manner provided in Section 15 of the hour and place
that the Council will pass upon such report and will hear protests against such
assessments and of the amount of the proposed assessment.
ARTICLE 4. ASSESSMENT OF COST OF FACILITY CHANGES
Section 19. HEARING ON REPORT AND ASSESSMENT OF COST.
Upon the day and hour set for the hearing of public protests, the Council
shall hear and consider the report and all protests, if any, and then proceed
to, by Resolution, affirm, modify, or reject the assessment.
Section 20. ASSESSMENT OF COSTS SHALL BE A LIEN.
If an assessment is not paid within ten (10) days after its confirming by
the Council, the amount of the assessment shall become a lien on the property
against which the assessment is made, by the Building Official filing in the
office of the County Recorder of the County of Alameda, a notice of lien
substantially in the following form:
Notice of Lien
Pursuant to the authority vested in me by , I did, on
the day of , 19 , cause distribution service conduits and
conductors to be connected with an underground junction box or splicing
chamber, pursuant to Title , Chapter of the Dublin Municipal Code, for
the purpose of supplying distribution service to the real property hereinafter
described, and the City Council did, on the day of , 19 , by
its Resolution No. assess the cost thereof upon the real property
hereinafter described, and the same has not been paid, not any part thereof,
and the City of Dublin does hereby claim a lien upon said real property in the
sum of $ , and the same shall be a lien upon said real property until
the said sum, with interest thereon at the rate of _% per annum from the date
of assessment of said amount against said property, has been paid in full and
discharged of record.
The real property hereinbefore mentioned, and upon which a lien is hereby
claimed, is that certain parcel of land in the City of Dublin, County of
Alameda, State of California, particularly described as follows:
(Description of Property)
Dated this day of 19
Building Official
Section 21. INTEREST ON ASSESSMENT, ETC.
From and after the date of recordation of the notice of the lien as
provided in Section 20, the amount of the assessment shall be a lien on the
property described threin, and it shall bear interest at a lawful rate per
annum until paid in full. Such lien shall continue until the amount of such
assessment and all interest thereon shall have been paid. The statute of
limitations shall not run against the right of the City to enforce the payment
of said lien and accrued interest. From and after the date of the recordation
of such notice of lien all persons shall be deemed to have had notice of the
contents thereof.
Section 22. FORECLOSURE OF LIEN.
If the amount of the lien is not paid within thirty (30) days after the
date of recordation thereof, the Council may instruct the City Attorney to
bring an action in the name of the City to foreclose the lien.
ARTICLE 5. EXCEPTIONS, VARIANCES, AND APPEALS
Section 23. VARIANCE IN SPECIAL CIRCUMSTANCES.
The Building Official may, in his discretion, grant special permission in
cases of emergency of unusual circumstances without discrimination to any
person to depart from the provisions of this Ordinance in erecting,
constructing, installing, maintaining, using or operating utility distribution
facilities or modified underground systems notwithstanding any other provisions
of this Chapter relating to underground districts; provided, however, that any
person may appeal a ruling of the Building Official to the Council within ten
(10) days of the date of such ruling.
Section 24. EXCEPTIONS.
This Ordinance shall not apply to the following types of facilities:
a) 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 perimeter of such portion, when
such wires originate in an area from which poles and overhead wires
adn associated overhead structures are not prohibited.
b) Overhead wires attached to the exterior surface of a building by
means of a bracket or other fixture or fixtures and extending from
one location on the same building or to an adjacent building
without crossing any public street.
c) Radio antennae, their associated equipment and supporting
structures, used by a utility for furnishing communication
services.
Section 25. POSTING OF ORDINANCE.
The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this th
day of 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk