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HomeMy WebLinkAboutOrd 1180ORDINANCE NO. 1180 AN ORDINANCE AMENDING CHAPTER 12.16 TO INCLUDE CABLE TELEVISION WITHIN UNDERGROUND UTILITY REGULATIONS The CITY COUNCIL of the City of Burlingame does ORDAIN as follows: Section 1. Section 12.16.010 of the Burlingame Municipal Code is amended to read as follows: "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: C7.) The word 'city`' means the City of Burlingame, a municipal corporation of the State of California; (b) The word 'council' means the City Council of the City of Burlingame; (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 pur- suant to the provisions of Section 12.16.025 of this chapter; (5) 'Person.' means and includes individuals, firms, corporations, partnerships and their agents and employees; (6) 'Poles, overhead wires and associated overhead structures' 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, cable antenna television, or similar or associated service; (7) 'Utility' includes all persons or entities supplyjng electric communiea.tion,.except for cable tele- vision (CATV)carried communications, or similar or associated service by means of electrical materials or devices; (8) 'Cable television company,' sometimes referred to as 'cable communications company,' means a holder of a cable television franchise issued by the City; ( 9) 'Cable television underground facilities" means electronic cable and any appurtenances thereto which distribute CATV related signals,audio-visual, digital_ and voice.1° Section 2. Section 12.16.050 of said Code is amended follows: to read as "12.16.050 Notice to property owners and utility companies -and CATV 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 utility and CATV companies and all persons owning real property within the district created by the resolution of the adoption thereof. The City Clerk shall further notify the affected property owners of the necessity that, if they or any per- son occupying such property desire to continue to receive electric, communication, CATV or similar or associated services, they or such occupant shall provide all neces- sary facility changes on their premises so as to receive 2 such services from the lines of the supplying utility, utilities or CATV companies at a new location, subject to applicable rules, regulations and tariffs of the respective utility, utilities or CATV companies on file with the commission or city. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.16.02.5, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities or CATV companies." Section 3. Subsection (a) of Section 12.16.060 of said Code is amended to read as follows: "12.16.060 Responsibility of property owners. (a) Every person owning, operating, leasing, occupy- ing 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 struc- ture being served, all in accordance with applicable rules, regulations and -tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished within the time provided for in the resolution enacted pursuant to Section 12.16.025, the Director of Public Works 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 under- ground facilities within ten days after receipt of such notice." 3 Section 4. Subsection <d) of Section 12.16.060 of said Code is amended to read as follows: "(d) If upon the expiration of the thirty -day period the required underground facilities have not been provided, the Director of Public Works will forthwith proceed to do the work; provided, however, if such premises are un- occupied and no electric or communication services are being furnished thereto, the Director of Public Works may, in lieu of providing the required underground facili- ties, order the disconnection and removal of any and all overhead service wires and associated facilities supply- ing utility and/or CATV service to the property. Upon completion of the work, the Director of Public Works 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 assess- ment of the cost of such work upon such premises, which time shall not be less than ten working days thereafter." Section 5. Section 12.16.075 is added to said Code to read as follows: "12.16.075 New developments and subdivisions. For new developments and subdivisions the builder, developer or subdivider is responsible for complying with the requirements of this Ordinance, and he shall make the necessary arrangements with each of the serving utilities, and the franchised CATV operators, for the underground installation and for relocation of any 4 existing overhead facilities. The builder, developer or subdivider will be responsible for performing all trenching and backfilling, including furnishing of any imported backfill material required, for underground installation of distribution and service lateral conduit and substructures to receive utility and CATV services, and necessary installation of CATV vaults, pedestals and other appropriate appurtenances. The affected utility and CATV companies shall provide plans and specifications to the builder, developer or subdivider and shall inspect the facilities required hereunder, and certify to the City prior to final approval of the development or subdivision that the facilities required herein are properly installed. The City shall have the right to review and require its approval of the maps and specifications provided by the utility and CATV companies. The builder, developer or subdivider is expected to subcontract with the utility and CATV companies or other competent sources for pre -wiring of development or subdivi- sion structures." Section 6. Section 12.16.076 is added to said Code to read as follows: "12.16.076 In those areas and portions of the City heretofore designated by Council as Underground Utility Districts and where certain utility service transmission and/or distribution facilities are presently underground, other utility and CATV distribution and/or transmission facili- ties hereafter located in those areas and portions of the Citywill be installed underground. The utility or CATV company providing the required underground facilities shall be responsible for the performance of 5 all necessary trenching and backfilling of main line and service trenches, including furnishing of any imported backfill material required." Section /. This ordinance shall be published as required by law. Mayor I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on thej9th day of May 1980, and was adopted thereafter at a regular meeting of the City Council held on the 2nd day of June 1980, by the following vote: AYES: COUNCILMEN: Amstrup-Barton�Crosby-Mangini®Martin NOES: COU14CILMEN: None ABSENT: COUNCILMEN: None 7✓. 7 ity Clerk 6