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HomeMy WebLinkAboutCC Res 1690 1968-08-05 I '-I 1 , . . .. ,," -. RESOLUTION NUMBER Ih90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, A CHARTER CITY, ESTABLISHING SEAL BEACH UNDERGROUND UTILITY DIS~RICT NO.1. BE IT RESOLVED by the Council of the City of Seal Beach as follows: WHEREAS, on July 15 , 1968, a public hearing was called by the City Council of the City of Seal Beach for August 5, 1968, at the hour of 8:00 P.M. O'clock in the Council Chambers in the City Hall, Seal Beach, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal 6f poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, eommunication, or similar or associ- ated service on the SEAL BEACH UNDERGROUND UTILITY DISTRICT NO.1. Being those parcels of land described as follows: (a) Parcels numbered 1, 2, and 3 of Parcel Map No. R.S.T. 3966 as recorded in Book '15, ~age 5 of Parcel Maps, Orange County Recorder's office. (b) Parcels numbered 1 and 2 of Parcel Map No. R.S,T. 3967 as recorded in Book 15, Page 8 of Parc~l Maps, Orange Co~nty Recorder's office, excepting that 15 foot wide strip of land within said Parcels 1 and 2 lying parallel and contiguous to Marina Drive. (c) That portion of the 120 foot wide strip of land labeled Pacific Electric R.R./R.W. on said Parcel Map No. R.S.T. 3976, lying northeasterly of and contiguous to Parcel No. 1 of said Parcel ~ap,and the portion of said 120 foot wide ~trip of land bei~g between the northeasterly projection of the southeasterly boundary line of said Parcel No. 1 and the northeasterly pro- jections of the northwesterly boundary line of said Parcel No.1. WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in hhe manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons intere~ted have been given andopportunity to be heard. NOW, THEREFORE, be it Resolved that the Council of the City of Seal Beach hereby &inds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wired and associated structures, and the underground installation of wires and facilities for supplying electric, eommunication, or similar or associated service on the SEAL BEACH UNDERGROUND UTILITY DISTRICT NO.1. Being those parcels of land described as follows: (a) Parcels numbered 1, 2~ and 3 of Parcel Map No. R.S.T. 3966 as recorded in Book 15, Page 5 of Parcel Maps, Orange County Recorder's office. (b) Parcels numbered 1 and 2 of Parcel Map No. R.S.T. 3967 as recorded in Book 15, Page 8 of Parcel Maps, Orange County Recorder's Office, excepting that 15 foot wide strip of land within said Parcels 1 and 2 lying parallel and contiguous to Marina Drmve. (c) That portion of the 120 'foot wide strip of land labeled Pacific Electric R.R./R.W. on said Parcel Map No. ..S.T. 3976, lying northeasterly of and contiguous to ~arcel No. 1 of said Parcel Map and the portion o~_ said 120 foot wide .strip of land being between the northeasterly pDojection of the southeasterly boundary line of the' said Parcel No. 1 and the northeasterly projection of the northwesterly boundary line of said Parcel No.1. and such described area is hereby established as Seal Beach underground utility district No.1. -----...... ..... '- ''\, I I -I , .. . -, . . ~ . ". RESOLVED, FURTHER, that all poles, overhead wires and associated over- head structures shall be removed and underground installaEions made in said underg~ound utility district within the following times: a. Underground installation by utility comPA~ies and property owners and reconnections not later than~~ b , 19~. 8. Removal of poles, overhead wires an~ other associated overhead structures not later than~ h , 19~. RESOLVED, FURTHER, that the City Clerk, within ten (10) days after the adoption of this resulution, shall mail a copy hereof and a copy of ordinance no. 747 to affected property owners as such are shown on the last equalized roll and to the affected utilities. PASSED, APPROVED AND ADOPTED by the City ~puncil of the City of Seal Beach at a meeting thereof held on the 5~ day of (j,lLI!lLh:ZC- , 1968, by the following vote: ~ AYES: counciJ:meni1jA'IANI-'"',1-;. tts,~fM--. ih,~. ~ " U.,.,.,...~/ NOES: Councilmen ~ ABSENT: Councilmen ~~___ zf:JC J-.~ Mayor ATTEST: ~AA'l,/}~J~ City k , , ~;, '. " ...-..- - , - '- - .: ~- .; ... .... ,.. " I I I . -. 'I ORDINANCE NO..ZIJ:.:L AN ORDINANCE OF THE CITY OF SEAL BEACH ESTftBLISHING REGULATIONS A~~ PROCEDURES FOR THE REMOVAL o}' OV~RHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEAL BEACH, CALIFOR..l\lIA, AS FOLLO\\TS: Section 1, Definitions. ~~enever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meani.ngs assigned to them in the following definitions: (a) "Commission" shall mean the Public Utilities Connni,ssion of the State of California. , (b) "Underground Utility District" or "District" shall mean that area in the City within which poles, overhead wires, and aosoci,ated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 3 of this ordi.nance. (c) "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees: . (d) "Poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossar.ms, braces, transformers, insulators, cutouts, s~"itches, communication circui ts, appliances, attachments and appur- tenances located above-ground within a Distl.'i.ct alld used or useful in supplying electric, communication or similar or associated service. (e) "Utility" shall include all persons or entities supplying electric, comml1nication or similar or associated service by means of electrical materials or devices, Section 2, Public Heari.ng by Council. The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structu~es within designated 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 all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten (10) days prior to the date thereof, Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decisiou of the council shall be final and conclusive, , " Resolution Number , " Section 3. !l.t;E~)rt ~L Ci.t..'LJ~S:inl:;.?i-'. Prior. to !luJ.d~~1ci :'~:lcb pU01:u; heRrin~, t:b: ..C.~ty' p::!~i..."!.cer shell G'onsult with all. C1:Et'l~;~tel..\w utj.l.it::..es and Bnali p:::'oI;a!"c a report fol:' E-Ubnlission Elt such hearing cOJ.l~ainiti3, ::unont; other information, the extent of such utilities' participation at':d . f 'h t 1 ~.,....I: ~ est),l'lates 0 L e to a costs to t.le c~.ty aIitl e.c.cectea prop2rty, oln:ers.. Such report shall aloo cont,d-n .!l7l es tihlate of the time l'equ:;.red to cOL!!plete SUCll tll1clergrol.1nd inotal1ni:io:l and rel:lnval of overhead f~cilities. I Section 4. Council 15ay De.~il!;llate UndC'~.F.r01md Utility Difi1;ric.ts-EY.. ,esolutlon. If, after mlY Duell public hearing the Council finds that tbe pubTTcnecessity, health, r.11:f.ety' or t'lelfare requires suCll removal and st!.ch \mderground installation \]ithin 11 deDignated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order SUC~l re<:1oval ancl underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time tgithin t;lll-ch such re:IDoval and underground installation sholl' be accomplished and within l"hich affected property owners must be ready to rece:i.ve underground servi(:C:!. A reasonable time shall be allm'led for such remo'Jl'.l a1ld tmclerground i;.,sta11ation, having due regard for the avoi1ability of labor, wateria1s mld equipmp.nt necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. . <- Section 5. (]nla'1.f~~Lj\c!:~, Hhenever the Council creates an Undergrotmcl Utility District and orders the removal of poles, overhead wires and associated overhead struc;;ures therein aD pxovided in Section If hereof, it shall be un1al"fu1 for any person or utility to erect, cOI'struct, place, keep, mllintain, continue, employ or operate poles, overhead l'lirelJ and assuc:i,p.ted overhead structures in the District after the date whEm said Ivcrhead facilities are rpquired to be removed by such resolution, except s s,l.:i.d overhead facilities may be required to furnish serv:!.ce to an m:rner r oc(:upant of property prior to the perfonDanc~ by such owner. or occupant of tbe underground t'lOi7k necessary for such mmer or occllp;mt to continue to receive utility lJervice as provided in Section lO'hereof. and for sucb reasonable time required to remove said faci1itieD after said \mrk has- heen perfornec1, and except as otherldse pro-.rided in this ordillance. Section 6, Exceptio'll.. E~ffil!:ncy, or Unusun~o CirculTIsUmce.,E. Hotl.d,th., stanc1j,nr.; the provisionr. or: this ordinance, overhead faci1itics T:lay be installed cll1d maintained for 0 period, not to e"ceed ten (10) dayn, ",itho\lt a~thority of: the City Engineer in order to provide emereency service, Thc City g1lt;inecr may grant special permiDsion, on such terms aD he lllC1Y deem appropriate, i11 ca~:les of tllltlsual circ1.l!:lstcnces, without discr:lmination as to any person or utility, 'io erect, construct, install, maintain, use or opcrcte poles, overhend wirelJ and associated overhead structures. Section 7. Section 4 hcreof, exceptions: Ot~~~~~~~~i~~, In any resolution adopted pursuant the City lllay authorize any or all of the fol10l']ing to (a) Auy municipal facilities or equipment installed tUldcr Ihe s~'pervision and to the satisfaction of the City EngillE!cr. (b) Poles, or clectroliers u:::ed exclusively for street 1- 0'11t~ '10- ~ 0" -, o. (c) Overhcad tg~_rcs (e:,:clufJive of: supporting structure::;) CrOSfJ-Lll(; any portion 0':: a Di.strict: "ithin \::-.ich overhead l,1ires have been prohibited, or COl1lll~ct:i.n;; to builc1in3::; on the perimeter of a D:cstrict, when ~uch l~ires originn te in an area ::ro~ l,]hich poles, overhead l'd.res and a:;sociated ovcr!l('ad s i.:ructl.lres ar(, not prohibited, -2- I 1 ResolutIon ~umb~r " , I (d) Poles, overhead \'lires and ?ssoc:i,ated overhe~d st:c'uctnres \1BEod foJ:' the transmission of electric cl1eorSY at nom:tnal voltDges in excess of 34,500 volts. (e) O\!~rhead wires attachec1 to the cxtE<d,o;~ surface o[ a building by meum) of a bracket or othcJ: fixture and extending from one location on the b'c.1ilcling to another location on the same buildi~lg, 01" to 1:\11 adj E1cent building \~ithout crossing any public street. (f) Antennae, a3sociateod equipment and supporting structut'es, used by a utility for furrd,shing COl1wlUllication services, (g) Equipment apFllrtenant to umlel~ground fC!cilities, such as surface mounted transformers, pedestal motu1ted tcrminal boxes and meter cabinets, and cOllcealed ducts. . (h) Temporary poles, overhead wires and alJsociated over- head structures used or to be used in conjunction with construction projects, Section 8. Notice to troperty 9~ers and Ut~lity Comp~nt~. H:l.thin ten (10) days ~1ftcr tht:'\ effective date of a resolution adopted purs\lant to Scction If l1ereof, the City Clerk shall notify all affected uti] ities and all l1ersons O\.ming real property ,d,thin the District created by r.aid resolution of the adoption thereof, Said City Cl erk sh:111 furt.her notiry such affected property o;~np.rs of the nc;cessity thnt, if they or any person occupying such propc,!I:ty desire to continue to receive electric, communication, or similar or associ_atE~d service, they or such occupnnt shall provide all necessary facility changes on their premises so'as to receive such service f)'"oiD the lines of the S11pplying utility or tlti1ities at a nevI location. . . c: I Notificat:i..ln by the City Clerk shall be mnde by 1I1ailir~g a COl)Y of the resolution adopted pursuant to Section If, together '\lith a c"py of this Ol:dinance, to affected property mmers as such are shO\~n on the last equalized llssessment roll and to the affected utilities. Section 9. Resp_Q.~l.sibilj ty of Uti.1ity COI!!E.f1nie~. If undergrounc1 construction is necessary to provide utility service within a Distriet created by any resolutioll adopted pursuant to Section 4 hereof, the supplying utili.ty shall furnish thnt portion of the conduits, conductors and associateg, equipmeut required to be furnished by it under its applicable rul~s, regulations anc' tariffs 011 file vlith the Comission. Section lO. ~~p'on3jbility of Property ~\lners, (a) Every person owning, operating, leasing, occupying or renting a building or structure within a DistJ:ict shall construct and pre '.j de that portion of the service connec tion on his property I bet\;een the facilities referred to in Section 9 and the tcrm:l.nation facility 011 or within said building or structure being served, If the above is not accompliflhed by any person ,~ithill the time provided for in the resoluti.on enacted pu!'snant to Section If hereof, the City Engi.neer shall give notice in \~rit:i_ng to the person in possession of such prelllises, and a noti.ce in writing to the O\~l1er thc~"eof as sho\m on the last equaliz(."l assessment roll, to provide the requir.ed \1l1c1erground facilities ,~il:hin ten (10) days after receipt of such notice. -3- , , . I. . I . Resolution ~umbe~ (u) I 'Irta no tice tc pr1rol-1'.:!e t~~ e required unCI ~~!~3ral..::r:cl :2~c~.] i tie., ITI!:)\.7 "[--!..1 t;.r.J."'......n c.i.f-;..':io..... "D'- p"r~oT"I..., ~,.........ic" :.,.. b....; -,..-:,.j" III f"O.f"'C'!e 0'11:. C'1'_"""l,;,.;roe .':;I.Ju-o.._._Io;;:-_..._t....... ....;;.J.._......'_ ......'-~_ .;C1c..._J.. _~o _.;)<,;:..J..Vol-.... by nail on eil:iler of uch persons, tl1e notice 11.1U3t be d18pos:i.ted ill the Uni tec1 States mail in' a ncaled e!':velope "Ii th poctage pi:'8paid, addresGed to t~.Le person iLl p~ssessioil of such prer:li::jes at such prflD:d.ses, al1d the not:i.ce must be addressed to the O~JD0r ,thereof as such owner's nafi1e IPeRrs, Elnd n1t~st be addrccsed to SUCl1. o~'?jJ,er' s la&t kno~/n address as e s::!r.le appears. on the last e~nali7.ed assessr;le~lt roll, Pond \vhen no dress appears, to G~nera1 D0'livery, City of Seal Beach, If notice is giv..m by 11:<1i1, such notice shall be deer::2d to have been received by the perf'C>ll to \.,ho01 it has been sent \~ithin fOj~l:y-eight (4:;) h.oarr. aftC"c the II1ail:Lt~3 thereof, If notice is given by mail to eith.er the owner or occupellt of such pre!:lises, the City Engineer shall, \'lithin forty-eight (48) hours after t!1emailingthereof.cal1seacopythereof.pri;:!ted on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said pre;:nises. (c), The notice given by the City Enginp.er to provide the requ~.red underground facilities shall perticularly specify what work is requi red to be done, and shall state that if said work is not co",pleted \'lith:b thirty (30) days a.::t:er receipt of such notice) the City El1sj.neer will provide such required t111derground facilities, in which case the cost nud expense thereof uill he aSDessed against the prol~erty benefited and become a lien upon such propurty, , " (d) If upon the! expiration of the thirty (30) day pcriod, the said r.equirecl uuderzrot'l1d faci1 iti.es l'.ave not been provided, the C5,ty En[!;in,eer (;11<111 forttmith pro:::e(;d to do the Hork, provided, hm-~ever, if Inch p:<:eI11ise~ ace unoccupied and no electl"ic or cOillJIlunic[ltiolls services re beir'r; fm:.lished thereto, the City E"gineer Ina] in lieu of: prolliding he required underground faci1itie~\, authorize the diGconnec tion and removDl of any and all overhead set:vice uires and associated fac:tlities sttppl~Tin2: utility !len'ice to said property, Upon completion of the wo~k by the City Engineer, he shall fi.1e a \7ritten report \'7ith the City COllllcil setting fortil the fact th.nt the required underground facilit:t(~s hav<l been pr.ovid~d and the cost tbereof, tozethe,r \tith a h'ga1 description of the property against \o]hich Iluch cost is to be assessed, The Council Dh[lll thereupon fix a t:i.me and place for beari1,g protests against the I1.llse'SfJ1:lent: of tlJG cost of such \7ork upon such premises, which said time shall not be le~:s than ten (10) daYG tll~~reafter. (e) 'l-."ne City Engineer shail forth~lith, upon the time for head,llE> s'uch proteD to hal':tu!; been fixed, give a notice in \vr:tt:i.ng to the pr,,::son in possesn5.on of such premises, and a notice in writing tl1ereo:€ to the o'\mer thereof) in the manner hereinabove provided for. the [:;iving of the notice to provide the required undergr.ound fad.lities, of tbe time and place that the Council \~j,ll pass upon such report and ",ill bear protests against: such Rssesr.ment. Such notice shall also set fo:::'th the alnount of the proposed asseDsment. I -/f- . . , . Resolution Numb~r . (f) Upon the date' ['ncl hour set for the hearing of. pl.ote~'ts, the CC'uncil shall hear and consider the report (,ncl all protests, if the:~e be any, and then proceed to affirm, modify or. rej ec t the assessmellt. " I (g) If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by t}-,e Ci ty Engi.neer> and the City Engineer is directed to , turn over to the Assessor and Tax Collector a notice of lien on each of sai d properties on ~qhich the assellsment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regulllr bill for taxes levi.ed against the premises upon ~'1hich said assessment \'Ias not paid, Said assessment shall be due and payable at the same tilne as said property taxes are due and payable, and if n,ot paid when due an (1 payable, shall hear interest at the rate of six per cent (6%) per anntun, Sec tion 11. Respo.D,~ibilU:.y of._'2.tty. City shall remove at i,ts own expense ;)]1 City-mmed equipment from all 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 enacted pursuant to Section 3 hereof, .' . . I Section 12. Ext.enf.i.ioT~.Ef Time. In the event that any act required by tll:ls ordinance or by a resolution adopted pursuant to Section 4 hereof cannot be performed within the. time provided on aC'COllut of shortage of materials, ~'nlr, restraiut by p11blic 8t'!:!lOrities, strikes, labor (l:i.struhnnces, civil disobedience, or any other circum.. stances beyoud the control of the actor, then the time within which such act will be accomplished shall be extended for a peri.od eqtd.valent t.o the time of such limitation, Section] 3, Penalty, It shall be unlawful for lIny persall to violate any provisiOrlO1:-to fail to co':;!ply \'lith any of the requirements of this or.dinance. Any person vi.olflting any provis1.on of thi.s ordinance or failing to comply ~qith 'any of its requirements shall be deemed gui.lty of a misdemeanor and upon conviction thereof shall be puni.sherl hy a fine not exceedi ng Five Hundred Dollars ($500,00) or by impriso!lllle!it not exceeding six (6) months, or by both such fine and imprisonment. Each,~uch jJerson shall be deemed guilty of a separate offense for each day during any portion of ~~hich any violation of any of the provisions of this ordinance i,s committed, continued or permitted by such person, and shall be punishable therefor as provided for in this orct1 nance. I Section 1/+. Severability, If any section, sub-section, sentence, clause or phrase of this cii:dTrIance is for any reason he) d to be invali.", such decision shaD not affect the va] idity of the remaining portions of this ordinance. The Council herehy declares that it ~qould have Rdopted thc ordi.t1anc:e anc1 each section, sub-section, sentence, clrmse or phrase thereof, irrespective of the fact that anyone or more sections, sub-sections, sentences, clauses or phrases be declared invalid. -5- .' Resblution Number " , . . " -, " '. " ScC'::i.on J.5, Effective Date. l'i1ir. ocdinance shall be eff'ecti.vp. v;ithill thir'ty (3C)'ci""irys aftel." nclop t:1.OlL I Section 16. The City CJ erk sl1a11 c!!rtify to the passage and adoption of this ordinar,(ce and shall ca"tSf the same to be postec'i as rec!,uirec1 by 1a\1. /":---- I //~' ,~~~~~~~ ~ c X~~..2:tL-~~4'vt?:YL-- ~ Hayor ',' ATTEGT: " gL.d.d~'!' Wp,;. Cil'Y' Clerk . .' STATE OF ClI.LIFOR.''HA ) COUNTY OF CR.".NGE ) SS CrTY OF SEAL BEACH ) (; I I, Jerdys Tofte Heir, City Clerk of the City of Seal JJeach, herehy certify that thc fOl-egoing ordinance mlS passE'd, approved, find adopted hy the City Council of the City ot j:,ea1 teach lit a meeting thereof held on the__o~__,_day of_' 27ct.~.d.~__., 1968, by the follcl';'11ng vote: AYES: COUllC i Imen ffit,1.!.:.1':!<E.1J__..!J.(;,u.-1:l~:t:!.~!:r.f._ k:- l-"'7,.:.~-:!.:...7t.t..t!~'f..tr...?&-:J;?:' NOES: Cotlncilmen-,::Z~.t!::7;g ________ -/<1. ~. AnBEN1': COUllC 1] men...22~-~-=, ~ - .- ~~7LCvL C~t:y Clerk I I I I I 1: I I . i .' !, ! I I I r Ii I ;: r' , I' , ..6- [