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Resolution 02212CITY OF ALAMEDA ORDINANCE NO. 2212 New Series ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES BY MEANS OF UNDERGROUND UTILITY DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1. The Alameda Municipal Code is hereby amended by adding Chapter 2 to Title VIII thereof, establishing regulations and procedures for the removal of overhead utility facilities and the installation of underground facilities by means of underground utility districts, to read as follows: CHAPTER 2. UNDERGROUND DISTRICTS Article 1. Definitions Sec. 8 -211. "Commission" shall mean the Public Utilities Commission of the State of California. Sec. 8 -212. "Committee" shall mean the Technical Advisory Committee which shall consist of representatives of the Public Works Director (as chairperson), the Chief Engineer and General Manager of the Bureau of Electricity and the other affected utilities. Sec. 8 -213. "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 8 -223 of this Chapter. Sec. 8 -214. "Person" shall mean any private or governmental entity including individuals, firms, corporations, partnerships, and their agents and employees. . Sec. 8- 215. "Poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insu- lators, 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. Sec. 8 -216. "Resolution" shall mean a resolution adopted by the Council pursuant to Section.8 -223 of this Chapter. 9/18/84 Sec. 8 -217. "Utility" shall mean all persons supplying electric, communication or similar or associated service by means of electrical materials or devices. For the purposes of this Chapter and without limitation of the definition herein, the Bureau of Electricity, Public Utilities Board of the City of Alameda, shall be a "utility ". Sec. 8 -218. "Conversion" shall mean the removal of existing poles, overhead wires and associated overhead structures and the installation of new underground facilities to serve new or existing customers. Article 2. Establishing Districts Sec. 8 -221. Public Hearing. The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires conversion within designated areas of the City. The City Clerk shall notify all utilities,concerned, and all affected property owners as shown on the last equalized assessment roll, by mail of the time and place of such hearing at least 15 days prior to the date thereof. Each such hearing shall be open to the public and may be con- tinued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council on all matters involved in the creation of a district shall be final and conclusive. Sec. 8 -222. Reports. Prior to the Council's calling such public hearing, the Committee shall submit a repert to Council containing, among other information, the extent of each utility's participation and estimates of the total costs to the City, to the utilities and to each affected property owner within a desig- nated area of the City. Such report shall also contain an estimate of the time required to complete such conversion. In addition, the Committee shall report to Council, annually, a recommended orderly program for the creation of districts within the City of Alameda, where existing overhead lines will be converted to underground. Sec. 8 -223. Resolution. If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such conversion within the designated area, the Council shall, by Resolution, declare all or part of such area an Underground Utility District, and order such work. The Resolution shall include a description of the area and shall fix a reasonable time within which such conversion shall be accomplished and within which affected property owners must be ready to receive underground service, giving due regard to the availability of necessary labor, materials and equipment. Sec. 8 -224. Notification. Within 15 days after the effec- tive date of a Resolution, the City Clerk shall so notify -2- all affected utilities and all persons owning real property within the District and shall notify such affected property owners of the necessity that, if they or any person occupying such property desires to continue to receive utility 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 the 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 Resolu- tion, together with a copy of this ordinance, to the affected utilities, and to affected property owners as shown on the last equalized assessment roll. Article 3. Responsibility for Relocation Sec. 8 -231. Property Owners. Pursuant to Section 38793 of the Government Code of the State of California, if any property owner, after due notice, refuses to comply within a• reasonable time to effect the removal of his existing overhead utility lines and prepare his property to accept underground utility lines, the City may cause such work to be done,and assess the costs thereof against the property, and such assessment shall become a lien against the property. The assessment may be.collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalies and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment. Sec. 8 -232. Responsibility of Utility Companies. The supply- ing utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. The Bureau of Electricity shall furnish all City/ Bureau owned equipment not provided for in Section 8-233. Bureau shall not be required to pay for the removal or undergrounding of other utilities under any rule, regulation or tariff of such utility not agreed to by the Bureau. Whenever a rule, regulation or tariff requires a reciprocal rule, regulation or tariff for cost sharing or other equitable participation, this Chapter shall be deemed to furnish it. Sec. 8 -233. Responsibility of City. City shall remove at its own expense all street lights in ample time to enable the removal of poles within the time specified in the Resolution. Sec. 8 -234. Extension of Time. In the event that any act required by this ordinance or by a Resolution cannot be performed within the time provided on account of shortage of materials, -3- 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 accom- plished shall be extended for a period equivalent to the time of such limitation. Article 4. Prohibition Sec. 8 -241. Unlawful Acts. Whenever the Council adopts a Resolution, it shall be unla4ful 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 otherwise provided in this Chapter. Sec. 8 -242. Exception. Emergency or Unusual Circumstances. Notwithstanding the provisions of this Chapter, overhead facilities may be insTalled to provide emergency service. Further, the Public Works Director may grant special permission, for a period not to exceed twelve (12) months.,unless approved by the Council, on such terms as the Director 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. Sec. 8 -243. Other Exceptions. This Chapter and any Resolu- tion adopted pursuant to Section 8 -223 shall, unless otherwise provided in such Resolution, not apply to the following types of facilities: (a). 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 associ- ated overhead structures are not prohibited. (b) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (c) Overhead wires attached to the exterior 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. (d) Antennae, associated equipment and supporting structures. (e) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestral- mounted -4- terminal boxes and meter cabinets, concealed ducts, and electrolier standards. (f) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with con- struction projects. Lighted signs or marquees encroaching within public streets or public utilities easements, existing under proper legal authority, provided the electrical service does not require overhead wires. (h Poles and overhead wires and associated overhead structures used exclusively for fire alarm boxes, or any similar municipal equipment installed under the supervision and to the satisfaction of the City Engineer or to poles and overhead wires and associated overhead structures used exclusively for street lighting furnished by a duly constituted public agency autho4ized to provide such street lighting within the City of Alameda. (g) ) Article 5. Penalty Sec. 8 -251. Penalty. Any person violating any provision or failing to comply with any of the requirements of this Chapter shall be deemed guilty of a misdemeanor. 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 Chapter is committed, continued or permitted by such person, and shall be punishable as provided for in this Chapter. Section 2. Constitutionality. 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 v.) c that it would have adopted the ordinance and each section, subsection, co a sentence, clause or phrase thereof, irrespective of the fact any one • or more sections, subsections, sentences, clauses or phrases be de- o ') ; clared invalid. Section 3. This ordinance shall be in full force and effect 2 4 from and after the expiration of thirty (30) days from the date of • its final passage. Attest; City C erk Presiding Officer of the Council -5-