HomeMy WebLinkAboutOrdinance #1429 ORDINANCE NO. 1429
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING THERETO ARTICLE 975, ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL OF
OVERHEAD UTILITY FACILITIES AND THE INSTALLA-
TION OF UNDERGROUND FACILITIES IN UNDERGROUND
UTILITY DISTRICTS
The City Council of the City of Huntington Beach hereby
ordains as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Article 975, establishing regulations
and procedures for the removal of overhead utility facilities
and the installation of underground facilities in underground
utility districts , being Sections 9750 through 9758 to read as
follows :
9750 . DEFINITIONS . Whenever in this article the words
or phrases hereinafter in this section defined are used, they
shall have the respective meanings assigned to them in the fol-
lowing definitions :
(a) Commission shall mean the Public Utilities Commission
of the State of California.
(b) 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 9753 .1 of this article .
(c) Person shall mean and include individuals , firms ,
corporation, partnerships and their agents and employees .
W Poles, overhead wires and Iassociated overhead struc-
tures shall mean poles , towers , supports , wires, conductors,
guys, stubs , platforms , crossarms, braces , transformers , in-
sulators , cutouts , switches, communication circuits , appliances ,
attachments and appurtenances located aboveground within a
district and used, or useful, in supplying electric , communi-
cation 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 .
9751 . UNDERGROUND UTILITIES COMMISSION ESTABLISHED . There
is hereby established an Underground Utilities Commission for
the City of Huntington Beach, which said commission shall con-
sist of five members , three appointed by the City Council, two
appointed by the Planning Commission either from its own body
or the citizens at large . In addition thereto, the City Coun-
cil may appoint representatives of public utilities companies
as nonvoting, ex officio members of said commission. Commissioners
shall serve for four-year terms at the pleasure of the City
Council, provided that upon the initial appointment of com-
missioners , two members shall be appointed for a term of two
years , and three members shall be appointed for a term of four
years .
9752 . PURPOSE. The purpose of the Underground Utilities
Commission is to make preliminary and comprehensive studies of
various areas of the city to determine which areas should have
priority for undergrounding utilities and to make objective
recommendations and reports on such priorities to the City Coun-
cil for the use of the City Council during public hearing.
9753 . PUBLIC HEARING BY COUNCIL. The Council may from
time to time call public hearings to ascertain whether the pub-
lic 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, com-
munication, or similar or associated service . Prior to holding
such public hearing, the City Engineer shall consult with 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 also
contain an estimate of the time required to complete such under-
ground installation and removal of overhead facilities . 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)
2 .
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 affected shall be given an
opportunity to be heard. The decision of the Council shall be
final and conclusive .
9753 . 1 . 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 re-
quires such removal and such underground installation within a
designated area, the Council shall, by resolution adopted by
affirmative vote of at least five members of the City Council,
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 ,
the reason for placing public utilities underground (see Public
Utilities Commission Rule 20) , and shall fix the time within such
affected property owners must be ready to receive underground
service . A reasonable time shall be allowed for such removal
and underground installation, having due regard for the avail-
ability of labor, materials and equipment necessary for such re-
moval and for the installation of such underground facilities as
may be occasioned thereby .
9754 . UNLAWFUL TO ERECT OR MAINTAIN OVERHEAD UTILITIES
WITHIN DISTRICT. 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 9753 . 1 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 wherl said overhead fa-
cilities are required to be removed such resolution, except
as said 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 pro-
3 .
vided in Section 9756.2 hereof, and for such reasonable time re-
quired to remove said facilities after said work has been per-
formed, and except as otherwise provided in this article .
9754.1. EXCEPTIONS. EMERGENCY OR UNUSUAL CIRCUMSTANCE
DECLARED EXCEPTION. Notwithstanding the provisions of this article,
overhead facilities may be installed and maintained for a, period
not to exceed ten (10) days without authority of the Council in
order to provide emergency service. In such case, the Director
of Public Works shall be notified in writing prior to the in-
stallation of the facilities . The Council may grant special
permission on such terms as the Council may deem appropriate in
cases of unusual circumstances, without discrimination as to any
person or utility, to erect, construct, install, maintain, use or
operate poles, overhead wires and associated overhead structures .
9754.2. EXCEPTIONS TO THIS ARTICLE. The following shall
be excluded from the provisions of this article unless otherwise
provided in the resolution designating the Underground Utilities
District :
(a) Poles or electroliers used exclusively for street
lighting.
(b) 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 associated overhead structures are not pro-
hibited.
4.
(c) Poles, overhead wires and associated overhead struc-
tures used for the transmission of electric energy at nominal
voltages in excess of 34,500 volts .
(d) Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the City Engineer.
(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 .
9755. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
Within ten (10) days after the effective date of a, resolution
adopted pursuant to Section 9753. 1 hereof, the City Clerk shall
notify all affected utilities and all persons owning real prop-
erty 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
5•
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.
9756. RESPONSIBILITY.
9756. 1. RESPONSIBILITY OF UTILITY COMPANIES. If under
ground construction is necessary to provide utility service
within a. district created by any resolution adopted pursuant to
Section 9753 .1 hereof, the supplying utility shall furnish that
portion of the conduits, conductors and associated equipment re-
quired to be furnished by it under its applicable rules, regula-
tions and tariffs on file with the commission.
9756.2. RESPONSIBILITY OF PROPERTY OWNERS. (a) Every
person owning, operating, leasing, occupying or renting a, building
or structure within a, district shall construct and provide that
portion of the service connection on his property between the
facilities referred to in Section 9756. 1 and the termination
facility on or within said building 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 9753. 1
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 urcb rground facilities within thirty (30)
days after receipt of such notice .
(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 or such persons, the notice
must be deposited in the United States mail in a, sealed envel-
ope with postage prepaid, addressed to the person in possession
of such premises at such premises, and the notice must be addres-
sed 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 Huntington Beach. 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 facilities,
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) days, the said
required underground facilities have not been provided, the City
Engineer shall forwith proceed to do the work, provided, how-
ever, if such premises are unoccupied and no electric or communi-
cations 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 removal of any
and all overhead service wires and associated facilities 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 forthe 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 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 Clerk 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 by any, and then proceed to affirm, modify or reject the
assessment .
(g) If any assessment is not paid within fifteen (15) days
after its confirmation by the Council, the amount of the asses-
sment shall become a lien upon the property against which the
assessment 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
Ie_gICD
levies 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 percent
(6%) interest per annum.
9756.3. 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 use of
such poles to remove the same within the time specified in the
resolution enacted pursuant to Section 9753. 1 hereof.
9757• EXTENSION OF TIME. In the event that any act required
by this article or by a, resolution adopted pursuant to Section
9753. 1 hereof 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 extend-
ed for a, period equivalent to the time of such limitation.
9758. PENALTY. It shall be unlawful for any person to
violate any provision or to fail to comply with any of the re-
quirements of this article. Any person violating any provision
of this article or failing to comply with any of its requirements
shall be deemed guilty of a, misdemeanor and upon conviction
thereof shall be punished by a, fine not exceeding Five Hundred
Dollars or by imprisonment not exceeding six (6) months, or by
both such fine and imprisonment. Each such person shall be deemed
guilty of a separate offense for each day during any portion of
which any violation of any of the provisions of this article is
committed, continued or permitted by such person, and shall be
punishable therefor as provided for in this section.
SECTION 2. If any section, subsection, 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, subsection,
sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
SECTION 3. The City Clerk is hereby directed to cause
this ordinance to be published by one insertion in the
l�.
Huntington Beach News, a, newspaper of general circulation, printed
and published in Huntington Beach, California,.
SECTION 4. This ordinance shall take effect and be in force
thirty (30) days from and after its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Huntington Beach, California, held on the 19th day
of August 1968.
a,yo r
ATTEST:
City e r k
APPROVED AS TO FORM:
a V-e -
Assistant City Attorney
Ord_ No. 1429
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex-
off ,cio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the 5th day. of August ,.
j
19 68 and was again read to said City Council at a regular
meeting thereof held on the 19th day of August ,
19 68 , and was passed and ad6pted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
Bartlett, McCracken, Matney, Green, Coen
NOES: Councilmen:
None
r _
ABSENT: Councilmen:
Shipley, Kaufman
(?'-'� (�—p a J
City Clerk and x-officio Clerk
of the City Council of the City
of Huntington Beach, California
I. PAUL C. JONES, CITY CLERK of the City of
Huntington Reach and ex•officio Clerk of the City
Council, do II—E,e y certify t1-a this ordinance has i
been published in th ,lu ntinoton.Beach New on
44 In a rce with t'�e {'tv ar of said City.
j' ---- - ------------------
Ckrk
Deputy City Clerk