Loading...
ORDINANCE 710ORDINANCE NO, 710 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 1958,!' BY ADDING "CHAPTER 24" TO SAID CODE, ESTAB- LISHING REGULATIONS AND PROCEDURES F01i THE REMOVAL OF OVERHEAD UTILITY" FACILFIIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That a new chapter to be known as "Chapter 24 ", consisting of Sections 24. 1 through 24. 12, shall be added to "The Code of the City of El Segundo, California, 1958, " and it shall read as follows: "CHAPTER 24 PUBLIC UTILITIES - UNDERGROUNDING "Sec. 24. 1. Definitions. Whenever in this Chapter 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 24. 4 of this Code. "(c) "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. "(d) "Poles, overhead wires and associated overhead struc- tures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, 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. "(e) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. "Sec. 24. 2. 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 service. The City Clerk shall notify all affected property 4341 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 gi %-en an opportunity to be heard. The decision of the Council shall be final and conclusive. "Sec. 24. 3. Report by City Engineer'. Prior, to holding such public hearing, the City Engineer shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the City and affected property owners. Such report shall, where feasible., also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. "Sec. 24. 4. 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 ser- vice. A reasonable time shall be allowed for such removal and under- ground 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. "Sec. 24. 5. 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 24. 4 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 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 24. 10 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter. "Sec. 24. 6. Exception, Emergency or Unusual Circumstances. Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty (30) days, without authority of the City Engineer in order to provide emergency service. The City Engineer may grant special permission, on such terms as the City Engineer may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. 11 Sec. 24. 7. Other Exceptions. In any resolution adopted pursuant to Section 24. 4 hereof, 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- premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to .provide the required under- ground facilities within ten (10) days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed en`-elope %�,ith postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears,on the last equalized assessment roll, and when no address appears, to General Delivery, City of E1 Segundo. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty -eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty -eight (48) hours after the mailing thereof, cause a copy thereof, printed oil a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises. (c) The notice given by the City Engineer to provide the re- quired underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not com- pleted within thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the pro- perty benefited and become a lien upon such property. (d) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided 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 work upon such premises, which said time shall not be less than ten (10) days thereafter. (e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabovc pro% ided for the giving of the notice to provide the required tindergrotind facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. M 4350 (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 thc assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lied ern each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assess- ment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent (6%) per annum. "Sec. 24. 11. 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 24. 4 hereof. "Sec. 24. 12. Extension of Time. In the event that any act required by this ordinance or by a resolution adopted pursuant to Section 24. 4 hereof 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. SECTION 2. 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 imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this ordinance. SECTION 3. CONSTITUTIONALITY, If any section, subsection, 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 City Council hereby declares that it would have adopted the ordinance 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. -5- SECTION 4. That this ordinance shall become eit'ecti-,-e at midnight on the thirtieth day from and after the final passage and adoption thereof. SECTION 5. That the City Clerk shall certify to the passage f351 and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and cir - culated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 25th day of Novem- ber 1968. Mayor of the City of El egundo, California ATTEST: 4Z4_�_ Cliff'` City Clerk (SEAL) M 4367 - A STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, � CiTY OF EL SEGUNDO, � V, o EUNICE U...CREASON. a o 0 0 0 City Clerk of the City of E1 Segundo, California, do hereby certify that the whole nurrober of rrtembeFs of the C °ty Ccuncir of the said City is five; *hat the forego "ng ordinance, being Ordinance No.. 0 710 is a foil, true and coY,ect orig -nal of Ordinance No.. a o 710 0 0 o cf +e said City of El Segundo, Colifcrria, entitled-. "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 1958, "BY ADDING "CHAPTER 24" TO SAID CODE, ESTAB- LISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. which, was duly passed and adopted by the said City Council, approved and s`gned by the Mayor of sold City, and attested by the City Cierk of said City, o�6 at a regular meeting of the said Council held on the,,. 0 25th° o day of,. Novembers o o , l9 68.1 and that the same was sc possed oi-d adopted by the following vote-. AYES: Councilrren, o B,1Amer,, oW gvJ, . $tophPna MAy.Qr.C'arx4........ NOES- Ccunciirrreno,o None;,....... ....000��00000�oo�o�oo ABSENT° Councilman Fredericka o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 I do hereby further certify that pursuant to the provisions of Section; 36933 cf the Governrrrent Code cf the State of Cal aforr•io, ±hat the foyegoirrg Ordironce No, 0710... was duly and regularly published according to law and the o.-der of the City Ccw~ cil of said City in the El Segundo Herold, a weekly newspoper of genera► ci,rcuiation, printed, published and c4cuiated within the said City and that the sane was so pub - 1`4s ed therein or the following date, to wit-.., 0O00pO0 � h� � A4-. 4.. .... . City Clerk of the City of Ei Segundo, California. (SEAL) By-- ... oo000000000000000aooa00000000000 Deputy 4351 -d Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) Ja net Walsh -- ° ---•- -- - - - - - -- _ -- ------ being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ Principal Clerk ------------ - -- -- - - - - -- - --- ----- - - - - -- - -------- - - - - -- ---------------------------------.... ...---------------------- - - - - -- - -- ------ ...- -...._ - - . - ............ -- . - Editor of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of payir_g subscribers; that said newspaper is not and was not at any of the times herein referred -to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, pr ofessions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such cusses, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page .... ........ numbered _.. _ ....._-- --- -- -- ---- ............... -- ------ -- - - -- -- - ------------------------------------------------------ - -- . - .....-- --------- - - -- - -- -- ---- --- -------- - - - - -- ---------- - .................... hereof in all respects, including subject matter, and size and arrangement of type, is a full -true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -fare type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the ........ Ordinance--- .NO -, - - -. 710,----------------- --------- --------------- - --------- - - - - -- - - - - ........................................ of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ... Ol1Ce weekly, bY-- --- Ong- ---- ------ -- ---- consecutive publication.-- --..., commencing on the --------- 4th -- day of ----------- E'...cember ........... . . ... A. D. - 19.68, and ending on the ....... 4th ....----- - --- -. day of December A. D. 19 -_.., and as often during said time as said newspaper was regn- larly issued, to -wit: .... ......... December 4, 1968_ ........ ----------- - ------------------- . -- -- . ........_.- .......... ............ -- -- - - -- ............. -- ------- ,- �- � � - - ------ - - ---I .... -- ---- -- -- . .. . . . . .. .... ............ ..._.... . ;r� - // --- � %s.,. _ - - - - - -- - -- Subscribed awl sworn to before me this ..- ...4/-- --- .- - - -- -/ day of ......�.Ju�.). -�'. e�Y .................. A. D. 19 .4 -21 �..f YS.tsR ........ Z; - ........ ...�cY/"z0� City clerk of the City of El Segundo, County of Los Angeles, State of California. By-- ---- ----- ------- -- - --- -- ... _... ------------------ -------------- --------- -.... Deputy City Clerk of said City.