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Reso - CC - 035-1972
RESOLUTION NO. 35 - 72 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 3 CHAPIN AVENUE - EL CAMINO REAL TO PRIMROSE ROAD BE IT RESOLVED by the Council of the City of Burlingame a follows: WHEREAS, by Resolution No. 31-72, a public hearing was called on Monday, June 5, 1972, at the hour of 8:00 o'clock, P.M., in the Council Chambers in the City Hall, 501 Primrose Road, Burli game, California, to ascertain whether the public necessity, healt safety or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installa- tion of wires and facilities for supplying electric, communicatior or similar or associated service, within that certain area of the City delineated upon the diagram marked Exhibit A and incorporatec in said resolution by reference, and also attached to, incorporate in and made a part of this resolution by reference. WHEREAS, Notice of such hearing has been given to all af- fected property owners as shown on the last equalized assessment roll, and to all utilities concerned, in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Burlingame, that, pursuant to Chapter 12.16 of the Burlingame Municipal Code, the above -described area is hereby declared an Underground Utility District and is designated. as Underground Utility District No. 3 of the City of Burlingame. -1- RESOLVED FURTHER, that the Council does hereby fix NOVEMBER 30, 1972 as the date on which affected property owner must be ready to receive underground service, and does hereby or- der the removal of all poles, overhead wires and associated over- head structures and the underground installation of wires and facilities for supplying electric, communication or similar or ass - ciated service within Underground Utility District No. 3 on or be- fore DECEMBER 29, 1972 RESOLVED FURTHER, that the City Clerk is hereby instruc to notify all affected utilities and all persons owning real property within Underground Utility District No. 3 of the adoptiol of this resolution with ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying sucl property desire to continue to receive electric, communication or other similar or associated service, they, or such occupant, shalt by the date fixed in this resolution, 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 Public Utilities Commission of the State of California. Such notifica- tion shall be made by mailing a copy of this resolution together with a copy of said Chapter 12.16 of the Burlingame Municipal Cod to affected property owners as such are shown on the last equal- ized assessment roll and to the affected utilities; RESOLVED FURTHER, that the Council hereby finds as follows: The underground Utility District herein created is in the general public interest for the following reasons: 1. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribu- tion facilities; and -2- 2. The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or behicular traffic. Mayor I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 5th day of June, 1972, and adopted thereafter by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Mangini NOES: COUNCILMEN: Cusick -Martin ABSENT: COUNCILMEN: None ti City Clerk -3- Chapter 12.16 UNDERGROUND UTILITY DISTRICTS' Sections: 12.16.010 Definitions. 12.16.020 Public hearing by council: 12.16.025 Council may designate underground utility districts by res- olution. 12-16.030 Unlawful acts. ' 12.16.035 Exception, emergency or unusual circumstances. 12.16.040 Other exceptions. 12.16.050 Notice to property owners and utility companies. 12.16.055 Responsibility of utility companies. 12.16.060 Responsibility of property owners. 12.16.070 Responsibility of city_. 12.16.080 Extension of time. 12.16.085 Prior designation. 12.16.090 Penalty for violation. 12.16.010 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: (1) The word "city" means the city of Burlingame, a municipal corpo- ration of the state of California. (2) The word "council' means the city council of the city of Burlin- game; (3) "Commission" means the public utilities commission of the state of California; (4) "Underground utility district" or "district" means 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; (5) "Person" means and includes individuals,, firms, corporations, partnerships and their agents and employes. (6) "Poles, overhead wires and associated overhead structures" mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross - arms, 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; (7) "Utility" includes all persons or entities supplying electric, com- munication or similar or associated service by means of electrical materials _ or devices. (Ord. 880 § 1 (part), April 15,1968). 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 asso- ciated overhead structures within designated areas of the city and the'un- derground installation of wires and facilities for supplying electric, commu- nication, or similar or associated service. The city clerk shall notify all af- fected 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 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. (Ord. 880 § 1 (part), April 15, 1968). 12.16.025 Council may designate underground utility districts by reso- lotion. If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such under- ground installation with 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 de- scription 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 installa- tion of such underground facilities as may be occasioned thereby. (Ord. 880 § 1 (part), April 15, 1968). 12.16.030 Unlawful acts: Whenever the council creates an under- ground 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 the overhead facilities are required to be removed by such resolution, except as the 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 12.16,060 hereof, and for such reasonable time required to remove facilities after the work has been performed, and except as otherwise provided in this chapter. (Ord. 880 § 1 (part), April 15, 1968). .12.16.035 Exception, emergency or unusual circumstances. Not- withstanding the provisions of this chapter, overhead facilities may be in- stalled and maintained for a period, not to exceed ten days, without author- ity of the council, in order to provide emergency service. The city engineer may grant special permission, on such terms as the council may deem ap- propriate,. 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. (Ord. 880 § 1 (part); April 15, 1968). 12,16.040 Other exceptions. This chapter and any resolution adopted pursuant to Section 12.16.025 hereof shall not, unless otherwise provided in such resolution, apply to the following types of facilities: (1) Any municipal facilities or equipment installed under the §upervi- sion and to the satisfaction of the city engineer; (2) Poles or electroliers used exclusively for street lighting; ' (3) 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 ori- ginate in an area from which poles, overhead wires and associated struc- tures are not prohibited; (4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; (5) 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; (6) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services; (7) Equipment appurtenant to underground facilities, such as surface mounted tranformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; (8) Temporary poles, overhead wires and associated overhead struc- tures used or to be used in construction with construction projects. (Ord. 880 § 1 (part), April 15, 1968). 12.16.050 Notice to property owners and utility companies. Within ten 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 per- sons owning real property within the district created by the resolution of the adoption thereof. The city clerk shall further notify the affected prop- erty 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 facili- ty 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, together with a copy of this ehpater, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 880 § 1 (part), April 15, 1968). 12.16.055 Responsibility of utility companies. If underground con- struction is necessary to provide utility service within a 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 equip- ment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 880 § 1 (part), April 15, 1968). 12.16.060 Responsibility of property owners. (a) Every person own- ing, 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 facilities referred to in Section 12.16.055, and the termination facility on or within the building or structure_ being served, all in accordance with applicable rules, regulations 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 the property does not comply with the provisions of subsection (a) above, 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 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. (Ord. 880 § 1 (part); April 15, 1968). 12.16.070 Responsibility of city. City shall remove at its own expense_ all cify-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. (Ord. 880 § 1 (part); April 15, 1968). - 12.16.080 Extension of time. In the event that any act required by this chapter 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 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. (Ord. 880 § 1 (part); April 15, 1968). 12.16.085 Prior designation. The area particularly described 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 declared an "Underground Utility District" in conformity with the provisions of this chapter. (Ord. 880 § 1 (part); April 15, 1968). 12.16.090 Penalty for violation. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of a misdemeanor and upon conviction thereof shall be punished by a find not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine 'and imprisonment. Each such person is guilty 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. (Ord. 880 § I (part); April IS, 1968). r 08 55.08' 5508' Sp 5" I \ 6GJ9 Ij -® G3 �T 53.0T 3 J, SS SS 11' SG 53 • 77J: o5A � S3 SG 7J � I' _ _ , 5p'7 ^ O — 6d K J ! f! — \\ © �a Q ti 21 1444 1440 1436 1432 1428 1426 1424 1416 1412 /408 " D® \ N \\ 5�•� —� A V'E. 0 0 y,.5 A -- -- --- — - — --- — — --- -- �J�� Al C N _ - _ si' sis sr s! o O 58�i' rsZr�,—rr�—n Wu' IMF 27 \l' 1411 �y PoN ��m �•, m e DONNEL L Y \ \ 12 2 0\\ J\ 1 H, G F E D C B A a \ L K ` dG 9! • d6.87' ' '� £ [C• 87' iio' �� 25, ,c..91' 7 Sg • 59 . o!. r7 , 55 04• • 55.04 55' „ I ; .55 95 , s" N2 6' ti - r r ► .,�./t �',q m ® CITY OF L7U/2L /NGAME 0 CHAP/N AVENUE UNDE2G�20U/VD D/S71CI C T 51' S5' 55' A9.90' J0./0' So' .. No- 3 7 BUPI- /NGAME AVENUE PRAWN 13Y= E.C. 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