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
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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."
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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
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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
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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
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