HomeMy WebLinkAbout93-43 1
3
4
5
6
7
8
9
10
13
14
15
16
17
18
19
2O
21
23
24
25
26
27
28
RESOLUTION NO. 93-43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
DESIGNATING UTILITY UNDERGROUND DISTRICT NO. 3, GENERALLY
BOUNDED BY GOBBI STREET TO CLAY STREET TO OAK STREET TO MAIN STREET
WHEREAS, a public hearing was called for January 20, 1993, at the
hour of 7:00 p.m. or as soon thereafter as the same may be heard in the
Council Chambers, City Hall, 300 Seminary Avenue, Ukiah, California, to
ascertain whether the public necessity, health, safety or welfare requires
the removal of poles, overhead wires and associate overhead structures and
the underground installation of wires and facilities for supplying
electric, communication or similar or associated service within that
certain area of the City described in the attached Exhibit "A" and shown
on attached Exhibit "B"; and
WHEREAS, notice of such hearing has been given to all affected
property owners as shown on the last equalized assessment roll and
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, IT IS RESOLVED, that the City Council of the City of
Ukiah hereby finds and determines that the undergrounding to be
accomplished will avoid or eliminate an unusually heavy concentration of
overhead distribution facilities; that the streets, roads or right of way
in the district are extensively used by the general public and carry a
heavy volume of pedestrian and vehicular traffic; that said streets, roads
or rights of way adjoin or pass through a civic area; and that the public
necessity, health, safety and welfare require the removal of poles,
overhead wires and associated structures; and the underground ~nstallation
of wires and facilities for supplying electric, communication, or similar
or associated service in Utility Underground District No. 3, as described
2~
3
4
5
6
7
8
9
10
11
12
13
,]
17
18
19
20
21
22
23
24
25
27
28
in the attached Exhibit "A" and shown on attached Exhibit "B", and is
hereby established as Utility Underground District No. 3.
BE IT FURTHER RESOLVED, that the removal and undergrounding of
electrical facilities as herein provided shall apply to all of the
district known as Utility Underground District No. 3, as more particularly
described in the attached Exhibit "A" and as shown on attached
Exhibit "B".
IT IS FURTHER RESOLVED, that all poles, overhead wires and associated
overhead structures shall be removed and underground installation made in
said underground utility district within the following times:
a) Underground installation of utility companies and property
owners and reconnections from April 1994 to October 1994.
b) Removal of poles, overhead wires and other associated overhead
structures not later than December 1994.
BE IT FURTHER RESOLVED, that the City Clerk, within ten days after
adoption of this resolution, shall mail a copy hereof and a copy of
Ordinance No. 608 to affected property owners as such are shown on the
last equalized roll and to the affected utilities.
PASSED AND ADOPTED this 20th day of January, 1993, by the following
roll call vote:
AYES Councilmembers Malone, Wattenburger, Shoemaker and Mayor
Schneiter
NOES: None
ABSENT: None
Underground3
Fred'Schnei~e~, Mayor
EXHIBIT "a"
ELECTRIC UNDERGROUND DISTRICT NO. 3
DESCRIPTION
The district within the boundaries herein described is situated in the City of Ukiah, County
of Mendocino, State of California:
Beginning at the intersection of the centerlines of South Oak Street and West Clay Street;
thence, easterly along the centerline of West Clay Street to a point in the easterly line of
South State Street; thence, southerly along the easterly line of South State Street to the
northwest corner of that Parcel Six as described in Book 309, of Official Records, Page
46, Mendocino County Records; thence, easterly along the northerly line of said Parcel
Six to the northeast corner of said parcel; thence, southerly along the easterly line of
Parcel Six 30 feet more or less to the southeast corner of said parcel, said corner being
also in the northerly line of Pamel Four as described in Book 309 of Official Records,
Page 46, Mendocino County Records; thence, easterly along the northerly line of Parcel
Four to the northeast corner of said parcel; thence, southerly along the easterly line of
Parcel Four and its southerly extension to the southwesterly corner of Parcel Three as
described in Book 193 of Official Records, Page 343, Mendocino County Records; thence
easterly along the southerly line of Parcel Three, 90 feet more or less to the westerly line
of South Main Street; thence, southerly along the westerly line of South Main Street to
the northeast corner of that tract of land described in Book 1637 of Official Records, Page
528, Mendocino County Records; thence, westerly along the northerly line of said tract
a distance of 126.03 feet to the northwest corner of said tract; thence, southerly following
the westerly boundary of said tract, 53.35 feet; thence, westerly following the westerly
boundary of said tract, 26 feet; thence, southerly following the westerly boundary of said
tract, 35.47 feet to the southwest corner of the tract; thence, easterly along the southerly
line of said tract, 53.11 feet to the northwest corner of that parcel of land described in
Book 901 of Official Records, Page 189, Mendocino County Records; thence, southerly
along the westerly line of said parcel, 79.5 feet more or less to the southwest corner of
said parcel; thence, easterly along the southerly line of said parcel, 17.27 feet more or
less to the northwest corner of that tract of land described in Book 1391 of Official
Records, Page 137, Mendocino County Records; thence, southerly along the westerly
line of said tract, 52 feet to the southwest corner of the tract; thence, easterly along the
southerly line of the tract, 100 feet to a point in the westerly line of South Main Street;
thence, southerly along the westerly line of South Main Street to its intersection with the
southerly line of East Gobbi Street; thence, westerly along the southerly line of East
Gobbi Street to its intersection with the westerly line of South State Street; thence,
northerly along the westerly line of South State Street to the northeast corner of that
parcel of land shown on a Record of Survey filed in Case 2, Drawer 13, Page 23,
Mendocino County Records, said comer being also the southeast corner of that tract of
land described in Book 1740 of Official Records, Page 402, Mendocino County Records;
thence, westerly along the southerly line of said tract, 200 feet to the southwesterly corner
of said tract; thence, northerly following the westerly boundary of said tract, 95 feet more
or less; thence, westerly following said westerly boundary, 75 feet; thence, northerly
following said westerly boundary of said tract, 75 feet to the northwesterly corner of the
tract; thence, easterly along the northerly line of said tract to the southwest corner of
Parcel 1 as shown on the Parcel Map of Minor Subdivision 91-60, filed in Case 2, Drawer
56, Page 39, Mendocino County Records; thence, northerly along the westerly boundary
of said Parcel 1, the following courses: N 6°06'04" W, 50.27 feet, S 71°45'06'' W, 90.82
feet, N 11°27'10'' W, 119.82 feet, S 71°32'51'' W, 5.79 feet, N 11°27'10'' W, 139.15,
N 80° 39' 50" E, 115.19 feet, and N 11°27'10'' W, 162.28 feet more or less to a point in
the southerly line of West Mill Street; thence, northerly crossing West Mill Street to the
intersection of the northerly line of West Mill Street with the westerly line of South School
Street; thence, northerly along the westerly line of South School Street, 150 feet mom
or less to the southeast corner of that parcel of land described in Book 590 of Official
Records, Page 150, Mendocino County Records; thence, westerly along the southerly
line of said parcel S 78° 20' 40" W, 111.09 feet to the southwest corner of said parcel;
thence, northerly along the westerly line of said parcel, N 10° 56' W, 62.50 feet to the
northwest corner of said parcel; thence, easterly along the northerly line of said parcel
to the southeast corner of that tract of land described in Exhibit "F" of Book 1687 of
Official Records, Page 187, Mendocino County Records; thence, northerly along the
westerly line of said tract, 61.53 feet to the northwest corner of said tract, said corner
being in the southerly line of that parcel of land described in Parcel "C" of Book 1932 of
Official Records, Page 374, Mendocino County Records; thence, westerly along the
southerly line of said parcel to the southwest corner of said parcel; thence, northerly
along the westerly line of said parcel, 50 feet to the northwest corner of the parcel, that
corner being also the southwest corner of the tract of land described in Book 1538 of
Official Records, Page 577, Mendocino County Records; thence, northerly along the
westerly line of said tract to the northwest corner of said tract; thence, easterly along the
northerly line of said tract, 31 feet to the southwest corner of that parcel of land described
in Book 1775 of Official Records, Page 514, Mendocino County Records; thence,
northerly along the westerly line of said parcel, 66 feet to the northwest corner of said
parcel, that corner being also the southwest corner of that tract of land described in Book
1800 of Official Records, Page 227, Mendocino County Records; thence, northerly along
the westerly line of said tract, 130 feet to a point in the southerly line of Seminary
Avenue; thence, westerly along the southerly line of Seminary Avenue to a point in the
centerline of South Oak Street; thence, northerly along the centerline of South Oak
Street to its intersection with the centerline of West Clay Street and the point of
beginning.
CITY CLERK
City of Ukiah, California
ORDINANCE NO. 608
~GINAL
C~,,":~=~ Be A~rue a}~d E×~c~ C~py AN ORDINANCE OF THE CITY OF ~IAH ADDING C~PTER 3
........ d To / / /,/ // TO DIVISION 4 OF THE UKIAH CITY CODE THE~BY
/ Y/~' I//F ESTABLISHING EEO~[ONS AND PROCEDU~S FOR T~
The City Council of the City of Ukiah does ORDAIN as follows:
SECTION 1. Chapter 3 is added to Division 4 of the Ukiah City Code and reads as follows:
ARTICLE i. IN GENERAL
Section 3800 - Title
Tbis chapter shall be known and cited as the "City of Ukiah Underground
Utility District Enabling Chapter."
Section 3801 - Purpose of Adoptiob of Utility District Enabling Procedure
Said Underground Utility District enabling procedure is adopted to
provide for the removal of existing overhead utility facilities and the
installation of underground facilities in Underground Utility Districts
created pursuant to this chapter.
Section 3802 - Definitions
Whenever in this ordinance the words or phrases hereinafter in this
section defined are used, they shall have the respective meanings assigned
to them in the following definitions:
(a) "Cormnission" 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 3 of this ordinance.
(c) "Person" shall mean and include individuals, firms, corporations,
partnerships, and their agents and employees.
(d) "Poles, overhead wires and associated overhead structures" shall
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
or similar or associated service.
(e) "Utility" shall include all persons or entities supplying electric,
cormnunic~tion or similar or associated service by means of electrical materials
or devices.
ARTICLE II. PROCEDURES
Section 3810 - Public Hearing By The City 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 associated overhead structures within designated
areas of the City and the underground installation of wires and facilities
for supplying electric communication, or similar or associated service.
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) days prior to the date thereof.
Each such hearing shall be open to the public and may be continued from time
-1-
to timeB 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°
Section 3811- C~ty Council May Designate Underground Utility Distric~ By
Resolution
If, after any such public hearing the Council finds that the public
necessity, health, safety or welfare requi~es such removal and such under~
ground installation within a designated area~ ~:be Council shall, by resolution~
declare such designated area an Underground Utility District and order such
remova£ and undergro~md installation. Such resok~ion shall include a
description 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 p~ope[ty owners mus[: be ready to receive under-
ground servic,. A reaso[,able time sba/1 be allowed ~or such removal and under-
gro,~nd znsta£1ation~ ha.lng due regard for the availability of labor, materials
and equipment necessary for such removal and for the installation of such under,.
ground facilities as may be occasioned thereby.
ARTICLE III. REGULATION OF DISTRICT
Section 3820 -. Unlawful Acts
Whenever the Council creates an Underground Utility District and orders
the removs1 of poles~ overhead wires and associated overhead structures
therein as provided im Section 3 hereof, it shall be unlawful for any
person or utility to erect~ construct, place, keep, maintains, 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 said overhead facilities may be required to furnish
service to an owner or occupant of property prior to the performance by such
owner o~ occupant of the underground work necessary for such owner or occupant
to continue to receive utility service as provided in Section 9 hereof, and for
such reasonable time required to remove said facilities after said work bas
been perfqrmed~ and except as otherwise provided in this ordinance°
Section 3821 - Exception, Emergency or Unusual Acts
Notwithstanding the provisions of this ordinance, overhead facilities
may be installed and maintained for a period, not to exceed ten (10) days~
without authority of the Director of Public Works in order to provide emer*-
gency service~ The D~rector of Public Works may grant special permission~
on such terms as the Director of Public Works 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.
Sect[on 3822 - Other Exceptions
This ordinance and any resolution adopted pursuant to Section 3
hereof shall, unless otherwise provided in such resolution, not apply
to the following types of facilities:
(a) Any municipal facilities or equipment installed under the super-
visio~ and to the satisfaction of the City Engineer.
(b) Poles, or electroliers used exclusively for street lighting.
(c) Overhead wires (exclusive of supporting structures) crossing
any port,on 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 f[om which poles~ overhead wires and associated over-
head structures are not prohibited.
(d) Poles~ overhead wires and associated overhead structures used for the
transmission of electric energy at nominal voltages in excess of 34~500 volts.
(el Overhesd 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 anothe~ location on the same building o£ to an adjacent building
without crossing shy public street°
(f) Antenna~ associsted equipment and supporting st. ructures~ used by a
utility for furnishing co=.munication services°
(g) Eq~ipment appurtenant t:o anderground facilities, such as: surface mounted
transformers, trnasclosures, pedestal mounted terminal b~es and meter cabinets.~
and concealed ducts~
(h) Temporary poles.~ cYerhead wires and associated overhead structures
used or to be used in conjunction with construction pro~eCtSo
ARIICLE IV. ES%ABLIS}~4ENT OF DISIRICTS
Section 3830 - Notice To Property Owners And Utility Companies
Within ten (10) days afte~~ the effective date of a ~esolution adopted
pursuant to Section 3 hereof~ the City Clerk shall notify all affected
utilities and all persons owning teal p~operty within the District created by
said resolution of the adoption tbereofo Said City Clerk shall further
notify such affected property owner's of the necessiuy that~ if they or' any pe~
son occupying such property desire to continue to receive electric~ communication,
or similar or associated service, they or such occupant shall provide all
necessary ~acility changes on thei~ premises so as to receive such service
from the lines of the supplying 9tiiity or utilities at a new location~
subiect to ~he applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Commissioao
Notification by the City Clerk shall be made by mailing a copy of the
resolution adopted pursuant to Section 3, together with a copy of this ordinance~
to affected property owners as such are shown on the last equalized assessment
roll and to the affected utilities~
Section 3831 - Responsibility of Utility Companies
If underground construction is necessary to provide utility service
within a District created by any resolution adopted pursuant to Section 3
hereof, the supplying 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.
Section 3832 - 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
po~ion of the service ~nnection on his propert~ between the facilities
referred to in Section 8 and the termination facility on or' within said
building or structure being served, all in accordance with the applicable rules~
regulstlons~ and tariffs of the respective utility or utilities on file with
the Commission. If the above is not accomplished by any person within the
time provided for in the resolution enacted pursuant to Section 3 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 underground facilities
within ten (10) days after the receipt of such noticeo
(b) The notice to provide the required underground facilinies may be
given either by personal service or by mail. In case of service by mail on
eithe~ of such persons, the notice must be deposited in the United States
mall in a sealed envelope with postage prepaid, addressed to the person in
possession of such p~emises at such premises~ and the notice must be addressed
to the owner tbereof as such owner's name appears, and must be addressed 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 Ukiah. If
notfce is given by mail, such notice shall be deemed to have been received by
-3-
the person to whom it has been sent within forth~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 wozk is required to
be done, and shall state that if said work is not completed within thirty (30)
days after receipt of s,~ch notice~ the City Engineer will provide such required
undergroand 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) day period, the said
required underground facilities have not been provided~ the City Engineer
shall forthwith proceed to do the wo£k; provided~ however~ if such premises
are unoccupied and no electric or communications services are being furnished
thereto~ the City Engineer shall in lieu of providing the required under-
ground iacilit~es:, have the authority to order the disconnection and removal
of any and all 0~erhead service wires and associated facilities supplying
utility service to said property. Upon completion cf the work by the City
Engineer: he 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, togethsr 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 p~otests against the assessment of the cost of such
work upon such premises, which said time shall not be less than ten (10)
days thereafte[.
(e) The City Engineer 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 thezeof, in the
manner hereinabove provided for the giving of the notice to provide the
required underground facilities, of the time and place that the Councilwill
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 Conncil
shall hear and consider the report and all protests, if there be any~ and
then proceed to affirm, modify or reject the assessment.
(g) If any assessment is not paid within five (5) days after its con-
firmation by the Council, the amount of the assessment 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 ~n each of said properties on which the amsessment has not
been paid, and said Assessor and Tax Collecfor shall add the amount of said
assessment to the next :egular bill for taxes levied against the premises upon
which said assessment wss not paid. Said assessment shall be due and payable
at the same time as said property taxes are due and ~ayable~ and if not paid
when due and payable~ shall bear interest at the rate of six per cent (6%) per
annum.
Section 3833 - Responsibility of City
City shall remove at its own expense all City owned equipment from all
poles required to be removed hereunder in amply time to enable the owner or
oser of such poles to remove the same within the time specified in the
resolution enacted pursuant to Section 3 hereof.
Section 3834 - Extension of Time
In the event that any act required by this ordinance or by a resolution
adopted pursuant to Section 3 hereof cannot be performed within the time
provided on account of shortage of materials, war, restraint by public authori-
ties~ 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.
ARTICLE V. LEGAL ACTION
Section 3840 -Penalty
It shall be unlawful for any person to violate any provision or to fail
to comply with any of the requirements of thls ordinance~ Any person violating
any pzovision of this ordinance or failing to comply with any of its requirements
shall be dee~,ed gnilt~ of ~ ~isdemeaoor a~t~ upon conviction ~bereof shall be
punished by a fine not exceeding Five Hundred Dollars ($500.00) or hy imprison-
ment not exceeding si~ {6) m,:n~h% o~ by both such fine and imprtsonmento Each
such person shall be deemed goilty of s separate ofieuse for each day during
any por[£on o[ whic[~ any violation oi any of [he provisions of this o~dlnance
is co~mmitted~ continued o~ permitted by such persoo~ and shall be punishable
therefor as p[ovided fo[ in tDis ordinance~
Section 3841 - Severablli~y
If any section= sub.,section~ senteoc% c]~]se ,3i phrase of this ordinsnce
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 haYe ~dopted the ordinance and each section~ sub,-section~
sentence~ clause ~r phrase thereof~ irrespective of the ia£t that any one or
more sections, sub.-secgions, sentences~ clauses or phrases be declared invalid.
SECTION 2. Public~t(on:
The City Clerk. is hereby directed to cause this ordinance to be published
by one insertion in the Ukiah Daily Journa]~ a newspaper oi general circulation
printed~ published and circulated in City and hereby designated for that parpose
by the Council.
SECTION 3. Effective Date
This ordinance shall take effect and be in force thirty (30) days from
and after its adoption.
This ordinance was introduced and read on the
1970 ~ and passed and adopted on the 6th day of
by the following vote:
16th December
!~P-. day of Huvu:-~'~-~r ~
January , 19 7% ,
AYES: Councilmen Scotto, Buxton, Simpson, Henderson, and Mayor Norgard.
NOES: None
ABSENT: None
ATTEST:
/
City Clerk
Mayor
-5-