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ORDINANCE 7184.378 ORDINANCE NO. 718 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 14.08 TO SAID CODE, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVER- HEAD UTILITY FACILITIES AND THE INSTALLA- TION OF UNDERGROUND FACILITIES IN UNDER- GROUND UTILITY DISTRICTS; AND REPEALING ORDINANCE NO. 710. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That a new chapter to be known as "Chapter 14. 08, " consisting of Section 14. 08. 010 to Section 14. 08. 120, both inclusive, shall be added to the "El Segundo Municipal Code," to read as follows: "CHAPTER 14.08 PUBLIC UTILITIES - UNDERGROUNDING "14.08.010. 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 Com- mission of the State of California. (b) "Underground Utility District's 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 14. 08. 040 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, appli- ances, attachments and appurtenances located above - ground within a District and used or useful in supplying electric, com- munication or similar or associated service. (e) "Utility" shall include all persons or entities supply- ing electric, communication or similar or associated service by means of electrical materials or devices. "14.08.020. PUBLIC HEARING BY COUNCIL. The Coun- cil 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 4R`~to "structures within designated areas of the City and the under- ground installation of wires and facilities for supplying elec- tric, 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 decision of the Council shall be final and conclusive. "14.08.030. 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. "14.08.040. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. If, after any such pub- lic 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 reso- lution, declare such designated area an Underground Utility Dis- trict 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 under- ground service. A reasonable time shall be allowed for such removal and underground 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. "14.08.050. 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 14. 08. 040 hereof, it shall be un- lawful 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 re- quired to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the under- ground work necessary for such owner or occupant to continue to receive utility service as provided in Section 14. 08. 100 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. "14.08.060. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. Notwithstanding the provisions of this Chap- ter, 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 cir- -2- 4 R 8 0 It cumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or oper- ate poles, overhead wires and associated overhead struc- tures. "14.08.070. OTHER EXCEPTIONS. In any resolution adopted pursuant to Section 14. 08. 040 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. (b) Poles or electroliers used exclusively for street light- ing. (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 peri- meter of a District, when such wires originate in an area from which poles, overhead wires and associated structures are not prohibited. (d) Poles, overhead wires and associated overhead struc- tures 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 extending 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 struc- tures, used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. (h) Temporary poles, overhead wires and associated over- head structures used or to be used in conjunction with construc- tion projects. "14.08.080. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. Within ten (10) days after the effective date of a resolution adopted pursuant to Section 14. 08. 040 here- of, the City Clerk shall notify all affected utilities and all per- sons owning real property within the District created by said resolution of the adoption thereof. Said City Clerk shall fur- ther 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 necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new loca- tion. "Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 14. 08. 040, together with a copy of Chapter 14. 08 of this Code, to affected property owners as such are shown on the last equalized assess- ment roll and to the affected utilities. -3- "14.08.090. RESPONSIBILITY OF UTILITY COM- PANIES. If underground construction is necessary to pro- vide utility service within a District created by any resolu- tion adopted pursuant to Section 14. 08. 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. "14.08.100. RESPONSIBILITY OF PROPERTY OWNERS. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a District shall con- struct and provide that portion of the service connection on his property between the facilities referred to in Section 14. 08. 090 and the termination facility on or within said build- ing or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 14. 08. 040 hereof, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after receipt of such notic e. (b) The notice to provide the required underground facili- ties 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 envelope with 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 on 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 required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facili- ties, in which case the cost and expense thereof will be assessed against the property 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 re- moval of any and all overhead service wires and associated faci- lities 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 under- ground facilities have been provided and the cost thereof, together -4- 4 9 .W o with a legal description of the property against which such It 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 hereinabove provided for the giving of the notice to provide the required underground 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. (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 assess- ment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on 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 assessment 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 per- cent (6%) per annum. "14.08.110. RESPONSIBILITY OF CITY. City shall re- move 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 14. 08. 040 hereof. "14. 08.120. EXTENSION OF TIME. In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 14. 08. 040 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 ex- tended for a period equivalent to the time of such limitation.." SECTION 2. CONSTITUTIONALITY. If any section, subsec- tion, 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, -5- subsections, sentences, clauses or phrases be declared invalid. SECTION 3. EFFECTIVE DATE. That this ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption thereof. SECTION 4. REPEALS. That Ordinance No. 710 is hereby repealed. SECTION 5. That the City Clerk shall certify to the passage 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 E1 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 23rd day of June , 1969 ATTEST: i y Clerk (SEAL) STATE OF CAOFORNIA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO, b,. o 0 0 0 0 A -4ntgeo " o Cre4.�op0 o a o 0 0 0, City Clerk of the City of El Segundo, California, do hereby certify that the whole .number of members of the CPty Council of the said City is fi' ae; hot the foregoing on inonce, being Ordinance No. a o 718 o is a fuil, true and correct original of Ordinance No.. 0718 0 0 0 0 of fife said C:,ty of El Segundo, Cal_ iforr'a, entitled-. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 14.08 TO SAID CODE, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVER- HEAD UTILITY FACILITIES AND THE INSTALLA- TION OF UNDERGROUND FACILITIES IN UNDER- GROUND UTILITY DISTRICTS; AND REPEALING ORDINANCE NO. 710. , which was duly passed and adopted by the said City Council, approved and s'gned by the Mayo- of sa,d C�ty, and attested by the Clty Cierk of said City, a6 at a cegu!ar meeting of the sold Council (held on the„ „23rd , a o day of.......June . o i90 69 00 and that the sore was so passed and adopted by the following -cote-. AYES: Councilr*er, o 0 0BaJm�!r. o FxgjprjgX, N�g�l, Ste�h�nsoando 0 0 0 .....Mayor C4rrbo... 11.o� 1111 '.—.o 0000 —0 .... NOES. Ccunc *- irre,7,, NoRe; �oo_o oa00000a0000000a0000 ABSENT. 000000 None. o 0000000000000000000a000000ao I do hereby turthec ce�tif'y that pursuant to the provisions of Section; 36933 of the Government Code cf the State of Calaforrio, that the foregoing Ordironce Nco 0 718 0 0 was duly ar�d regularly published according to law and the o-de, of the City Ccu,�cii of said City ;n the El Segundo Hero!d, a weekly newspaper of general c'�cuiation, printed, publ fished and circuiated within the said City and that the some was so pub - Iished therein or the fo!lowirFg date, to wit.-, a000aa0000000OOOOOOOO fO 0O 0 0000000 (SEAL) 4393•A �o o • o ono ono 0 0 o J�6�� -t�,6 0 City C!erk of the City of Ei Segundo, California. Byo 000000a00000000 o o a o o o a oo o a o oa000ao Deputy 430 3'i Affidavit of Publication STATE OF CALIFOENm ) COUNTY OF LOS ANGZLZS) as CITY OF EL SEGUNDO ) - Rosemary FOremari being brat duly sworn, deposm and n+- That he is, and at all of the times hereinafter mentioned was, a citizen of the ubited States of America, over the age of eighteen yeas, 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 ... .0 lerk ................................. ............................... Editor of EL BROUNDO AERALD, s 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, o newspaper of general cimulation 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 paying 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 ofeasions, 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 clr69ft, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ........... mumbered - ----. ................................................. ------------...°------------------------.............. ............................... 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 -face 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 ------- ..............._ QrAinance....,d71-8....---- - - - - -- of which the annexed Is a printed copy as hereinabove stated, was published and printed in said news- paper at least ....On.ce...... weekly., by one ....................... consecutive publication........, commencing on the 2----------- - ------ day of .... JI -a.y ...................................... A. D.t.- 6.9........ and ending on the ...- ---...............z........ dory of - - -- ---- JU,-7--- - °- ---- ------ -- ---_ - - -- A. D. 19...6,9_ and as Men during said time as said newspaper wss regu- larly issued, to -wit: --- ----- ........ --- -- .. ............ - — -- Subscribe d swam to before me this ---- YK. �.... day of .... ............................... A. D. 194�t. City clerk of the City of El Segundo, County Of Los Angeles, State of California. By....... Deputy city clerk aQ sa city.