HomeMy WebLinkAboutOrd 08801
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ORDINANCE NO. 880
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING
CHAPTER 12.16 OF THE MUNICIPAL CODE AND ESTABLISH-
ING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF
OVERHEAD UTILITY FACILITIES AND THE INSTALLATION
OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY
DISTRICTS.
The City Council of the City of Burlingame does ordain as
follows:
Section 1. Chapter 12.16 of the Burlingame Municipal Code
is amended to read and provide as follows:
CHAPTER 12.16
UNDERGROUND UTILITY DISTRICTS
12.16.010 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. The word "City" shall mean the City of Burlingame, a
municipal corporation of the State of California.
b. The word "Council" shall mean the City Council of the
the City of Burlingame.
C. "Commission" shall mean the Public Utilities Commission
of the State of California.
d. "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 12.16.025 of this chapter.
e. "Person" shall mean and include individuals, firms,
corporations, partnerships, and their agents and
employees.
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f. "Poles, overhead wires and associated overhead structure
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.
g. "Utility" shall include all persons or entities supply
electric, communication or similar or associated service
by means of electrical materials or devices.
12.16.020 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 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 hear-
ing 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.
12.16.025 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
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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 service.
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.
12.16.030 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 12.16.025 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 perform-
ance 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 12.16.060 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.
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12.16.035 EXCEPTION, EMERGENCY OR UNUSUU CIRCUMSTANCES.
Notwithstanding the provisions of this chapter, overhead facilities
Imay be installed and maintained for a period, not to exceed ten
(10) days, without authority of the Council, in order to provide
emergency service. The City Engineer may grant special permission,
on such terms as the Council may deem appropriate, in cases of
unusual circumstances, without discrimination to any person or
utility, to erect, construct, install, maintain and use or operate
poles, overhead wires and associated overhead structures.
12.16.040 OTHER EXCEPTIONS. This chapter and any resolut
adopted pursuant to Section 12.16.025 hereof shall not, unless
otherwise provided in such resolution, apply to the following
types of facilities:
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
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 associat�
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
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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 structures,
used by a utility for furnishing communcation 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 overhead
structures used or to be used in conjunction with con-
struction projects.
12.16.050 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
jWithin ten (10) days after the effective date of a resolution
adopted pursuant to Section 12.16.025 hereof, the City Clerk shall
notify all affected utilities and all persons owning real property
within the District created by said resolution of 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 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
applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Commission.
Notification by the City Clerk shall be made by mailing a
copy of the resolution adopted pursuant to Section 12.16.025,
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together with a copy of this chapter, to affected property owners
las such are shown on the last equalized assessment roll and to the
affected utilities.
12.16.055 RESPONSIBILITY OF UTILITY COMPANIES. If under-
ground construction is necessary to provide utility service within
la District created by any resolution adopted pursuant to Section
12.16.025, 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 tarif
on file with the Commission.
12.16.060 RESPONSIBILITY OF PROPERTY OWNERS.
a. Every person owning, operating, leasing, occupying or
renting a building or structure within a District shall
perform construction and provide that portion of the
service connection on his property between the facilitie
referred to in Section 12.16.055 and the termination
facility on or within said building or structure being
served, all in accordance with applicable rules, regu-
lations and tariffs of the respective utility or
utilities on file with the Commission.
b. In the event any person owning, operating, leasing,
occupying or renting said property does not comply with
the provisions of subparagraph a., of Section 12.16.060
within the time provided for in the resolution enacted
pursuant to Section 12.16.025 hereof, the City Engineer
shall post written notice on the property, being served
and thirty (30) days thereafter shall have the authority
to order the disconnection and removal of any and all
overhead service wires and associated facilities supply-
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ing utility service to said property.
12.16.070 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 12.16.025 hereof.
12.16.080 EXTENSION OF TIME. In the event that any act
required by this ordinance or by a resolution adopted pursuant to
Section 12.16.025 cannot be performed within the time provided on
account of shortage of materials, war, restraint by public author-
ities, 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.
12.16.085 PRIOR DESIGNATION. The area particularly des-
cribed as follows: California Drive from Burlingame Avenue to
Peninsula Avenue, and Howard Avenue between California Drive and
Lorton Avenue; previously designated an "Underground Utility
District" by Ordinance 803, adopted April 20, 1964, is hereby
declared an "Underground Utility District" in conformity with the
provisions of this chapter.
12.16.090 PENALTY. It shall be unlawful for any person to
violate any provision or to fail to comply with any of the require
menta of this chapter. Any person violating any provision of
this chapter or failing to comply with any of its requirements
shall be deemed guilty of a misdemeanor and upon conviction thereo
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
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Iguilty of a separate offense for each day during any portion of
(which any violation of any of the provisions of this chapter is
committed, continued or permitted by such person, and shall be
punishable therefor as provided for in this chapter.
Section 2. 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 ordinance and each section
sub -section, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, sub -sections, sentences,
Iclauses or phrases be declared invalid.
Section 3. Publication. The City Clerk is hereby directed
to cause this ordinance to be published by one insertion in the
(Advance -Star, a newspaper of general circulation printed,
land circulated in City and hereby designated for that purpose by
Ithe Council.
Section 4. Effective date. This ordinance shall take
and be in force thirty (30) days from and after its adoption.
W. H. DIEDERICHSEN, MAYOR
I, Herbert K. White, City Clerk, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the
City Council held on the 1st day of April, 1968, and adopted then
after at a regular meeting of the City Council held on the 15th
day of April, 1968, by the following votes:
AYES: Councilmen: Diederichsen-George-Johnson-Martin.
NOES: Councilmen: None
Absent Councilmen: Crosby.
HERBERT K. WHITE, CITY -CLERK