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2822ORDINANCE NO. 2822 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 17 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 17.24 ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF. OVERHEAD UTILITY FACILITIES AND THE IN- STALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. THE CITY COUNCIL OF THE CITY. OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 17 of the Anaheim Municipal Code be, and the same is hereby amended by adding thereto Chapter 17.24, reading as follows: "CHAPTER 17.24 "SECTION 17.24.010 DEFINITIONS. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions: a. 'Commission' shall mean the Public Utilities Commission of the State of California. b. 'Underground Utility District' or 'District' shall mean 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 the provisions of Section 17.24.040 of this ordinance. C. 'Person' shall mean and include individuals, firms, cor- porations, partnerships and their agents and employees. d. 'Poles, overhead wires, and associated overhead struc- tures' shall mean poles, towers, supports, wires, con- ductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communica- tion circuits, appliances, attachments and appurtenances located above -ground within a District and used or useful in supply electric, communication or similar or associ- ated service. e. 'Utility' shall include all persons or entities supplying electric, communication or similar or associated service by mans of electrical materials or devices. SECTION 17.24.020 PUBLIC HEARING 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 structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services. The City Clerk shall notify all affected property owners as shown on the last equalized -1- 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 pub- lic and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. the decision of the Council shall be final and conclusive. SECTION 17.24.030 REPORT BY UTILITIES DIRECTOR. Prior to holding such public hearing, the Utilities Director shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the estimates of the extent of such utilities' participation and 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 SECTION 17.24.040 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 desig- nated 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 under- ground 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 avail- ability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. SECTION 17.24.050 UNLAWFUL ACTS Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 17.24.040 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated over- head structures in the District after the date when said overhead facilities are required to be removed by such reso- lution, 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 re- ceive utility service as provided in Section 17.24.100 hereof, and for such reasonable time required to remove said facili- ties after said work has been performed, and except as other- wise provided in this ordinance. SECTION 17.24.060. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES Notwithstanding the provisions of this ordinance, overhead facilities may be installed and maintained for a period not to exceed ten (10) days, without authority of the -2 City Council in order to provide emergency service. The -_ Utilities Director may grant special permission, on such terms as the Utilities Director may deem appropriate, in cases of unusual circumstances, without discrimination as to any per- son or utility; to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead struc- tures. SECTION 17.24.070 OTHER EXCEPTIONS. This ordinance and any resolution adopted pursuant to Section 17.24.040 hereof, shall, unless otherwise provided in such resolution, not apply to the following types of facilities: a. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Utilities Director. b. Poles, or electrollers 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 associ- ated 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 ex- tending from one location on the building to another location on the same building 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, switching compartments, meter cabinets and con- cealed ducts. h. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with con- struction projects. SECTION 17.24.080 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES Within ten (10) days after the effective date of a resolution adopted pursuant to Section 17.24.040 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution or the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all -3- necessary facility changes on their premises so as to receive such service from the lines of the supplying utility. or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission or approved by the City Council. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 17.24.040, together with a copy of this ordinance, to affected property owners as such are shown on the last equalized assess- ment roll and to the affected utilities. SECTION 17.24.090 RESPONSIBLITY OF UTILITY COMPANIES If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 17.24.040 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission or approved by the City Council SECTION 17.24.100 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 con- nection on his property- between the facilities referred to in Section 17.24.090 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission or approved by the City Council. b. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of the subparagraph (a) of this Section 17.24.100 within the time provided for in the resolution enacted pursuant to Section 17.24.040 hereof, the develop- ment services department shall post written notice on the property being served and thirty (30) days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. SECTION 17.24.110 RESPONSIBILITY OF CITY City shall remove at its own expense all City -owned 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 17.24.040 hereof. SECTION 17.24.120 EXTENSION OF TIME In the event that any act required by this. ordinance or by a resolution adopted pursuant to Section 17.24.040 here- of 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, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. -4- SECTION 17.24.130 PENALTY It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person violating any provision of this ordinance or failing to comply with any Of its requirements. shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and inprisonment. Each such per- son shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the pro- visions of this ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this ordinance. SECTION 17.24.140 CONSTITUTIONALITY If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinances and each section, sub- section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub -sections, sen- tences, clauses or phrasesbe declared invalid. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circu- lated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 16th day of June , 1970 fes' MAYOR OF THE CITY OF ANAHE. Pro Tem ATTEST: C CLERK OF THE CITY. OF ANAHEIM ARW:jl 5/25/70 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2822 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of June, 1970, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of June, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Thom and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Clark and Dutton AND I FURTHER CERTIFY that the Mayor Pro -Tem of the City of Anaheim approved and signed said Ordinance No. 2822 on the 16th day of June, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of June, 1970. TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2822 and was published once in the Anaheim Bulletin on the 26th day of June, 1970. City Clerk