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ORDINANCE NO.cJi'/rJ
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY
FACILITIES AND THE INSZALLATION OF UNDERGROUND FACILITIES IN
UNDERGROUND UTILITY DISTRICTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION ONE: DEFINITIONS
7 Whenever in this ordinance the words or phrases hereinafter
8 in this section defined are used, they shall have the respective
9 meanings assigned to them in the following definitions:
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(a) "Commission" shall mean the Public Utilities Commission
11 of the State of California.
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(b) "UndergrQund Utility District" or "District" shall
13 mean that area in the City within which poles, overhead wires, and
14 associated overhead structures are prohibited as such area is
15 described in a resolution adopted pursuant to the provisions of
16 Section Three of this ordinance.
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(c) "Person" shall mean and include individuals, firms,
18 corporations, partnerships, and their agents and employees.
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(d) "Poles, overhead wires and associated overhead
20 structures" shall mean poles, towers, supports, wires, conductors,
21 guys, stubs, platforms, crossarms, braces, transformers,
22 insulators, cutouts, switches, communication circuits, appliances,
23 attachments and appurtenances located above-ground within a
24 District and used or useful in supplying electric, communication
25 or similar or associated service.
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(e) "Utility" shall include all persons or entities
27 supplying electric, communication or similar or associated service
28 by means of electrical materials or devices.
29 SECTION TWO: PUBLIC HEARING BY COUNCIL
30 The Mayor and Common Council, hereinafter called Council,
31 may from time to time call public hearings to ascertain whether t
32 .public necessity, health, safety or welfare requires the removal
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poles, overhead wires and associated overhead structures within
designated areas of the City and the underground installatiDn 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 assess-
ment 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 to time. At each such hearing all persons interested
shall be given an opportunity to be heard.
council shall be final and conclusive.
The decision of the
SECTION THREE:- 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 requires such removal
and such underground installation within a designated area, the
Council shall, by resolution, declare such designated area an
Underground Utility District and o~der such removal and underground
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installation. Such resolution 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 property owners must be ready to receive
underground service. A reasonable time shall be allowed for suCh
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removal and underground installation, having due regard for the
availability of labor, materials and equipment necessary for such
removal and for the installation of such underground facilities as
may be occasioned thereby.
SECTION FOUR: UNLAWFUL ACTS
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 Three hereof,
it shall be unlawful for any person or utility to erect, construct,
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1 place, keep, maintain, continue, employ or operate poles, overhead
2 wires and associated overhead structures in the District after
3 the date when said overhead facilities are required to be removed
4 by such resolution, except as said overhead facilities may be
51 required to furnish service to an owner or occupant of property
6 prior to the performance by such owner or occupant of the
7 underground work necessary for such owner or occupant to continue
8 to receive utility service as provided in Section 9 hereof, and
9 for such reasonable time required to remove said facilities
10 after said work has been performed, and except as otherwise provided
11 in this ordinance.
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SECTION FIVE: EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES
Notwithstanding the provisions of this ordinance, overhead
14 facilities may be installed and maintained for a period, not to
15 exceed ten (10) days, without authority of Ue Council in order to
16 provide emergency service. The Council m~ grant special
17 permission on such terms as the Council may deem appropriate in case
18 of unasual circumstances, without discrimination as to any person or
19 utility, to erect, construct, install, maintain, use or operate
20 poles, overhead wires and associated overhead structures.
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SECTION SIX: OTHER EXCEPTIONS
In any resolution adopted pursuant to Section Three hereof,
23 Ue City may authorize any or all of the following exceptions:
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(a) Any municipal facilities or equipment installed under th
25 supervision and to 'he satisfaction of the City Engineer.
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(b) Poles, or e1ectro1iers used exclusively for street
27 lighting.
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(c) Overhead wires (exclusive of supporting structures)
29 crossing any portion of a District within which overhead wires have
30 been prohibited, or ~~~ to buildings on the perimeter of a
31 District, when such wires originate in an area from which poles, ove
32 head wires and associated overhead structures are not prohibited.
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(d) Poles, overhead wires and associated overhead structures
2 used for the transmission of electric energy at nominal voltages in
3 excess of 34,500 volts.
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(e) Overhead wires attached to the exterior surface of a
5 building by means of a bracket or other fixture and extending from
6 one location on the building to another location on the same
7 building or to an adjacent building without crossing any public
8 street.
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(f) Antennae, associated equipment and supporting structures,
10 used by a utility for furnishing communication services.
11 (g) Equipment appurtenant to underground facilities, such
12 as surface mounted transformers, pedestal mounted terminal boxes
13 and meter cabinets, and concealed ducts.
14 (h) Temporary poles, overhead wires and associated overhead
15 structures used or to be used in conjunction with construction
16 projects.
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SECTION SEVEN: NOTICE TO PROPERTY OWNERS AND UTILITY
COMPANIES
within ten (10) days after the effective date of a resolution
20 adopted pursuant to Section Three heEeof, the City Clerk shall
21 notify all affected utilities and all persons owning real property
22 within the District created by said resolution of the adoption
23 thereof. Said City Clerk shall further notify such affected propert
24 owners of the necessity that, if they or any person occupying such
25 property desire to continue to receive electric, communication, or
26 similar or associated service, they or such occupant shall provide
27 all necessary facility changes on their premises so as to receive
28 such service from the 14~ of the supplying utility or utilities at
29 a new location.
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Notification by the City Clerk shall be made by mailing a
31 copy of the resolution adopted pursuant to Section Three, together
32 ich a copy of this ordinance, to affected property 8W~FS
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~ as such are shown on the last equalized assessment roll and to the
2 affected utilities.
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SECTION EIGHT: RESPONSIBILITY OF UTILITY COMPANIES
If underground construction is necessary to provide utility
5 service within a District created by any resolution adopted pur-
6 suant to Section Three hereof, the supplying utility shall furnish
7 that portion of the conduits, conductors and associated equipment
8 required to be furnished by it under its applicable rules,
9 regulations and tariffs on file with the Commission.
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SECTION NINE: RESPUNSIBILITY OF PROPERTY OWNERS
(a) Every person owning, operating, leasing, occupying or
12 renting a building or structure within a District shall construct
13 and provide that portion of the service connection on his property
14 between the facilities referred to in Section Eight and the
15 termination facility on or within said building or structure being
16 served. If the above is not accomplished by any person within the
17 time provided for in the resolution enacted pursuant to Section
18 Three hereof, the City Engineer shall give notice in writing to
19 the person in possession of such premises, and a notice in writing
20 to the owner thereof as shown on the last equalized assessment
21 roll, to provide the required underground facilities within ten
22 (10) days after receipt of such notice~
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(b) The notice to provide the required underground facilities
24 may be given either by personal service or by mail. In case of
25 service by mail on either of such persons, the notice must be I
26 deposited in the United States mail in a sealed envelope with posta~
27 prepaid, addressed to the person in possession of such premises at
28 such premises, and the notice must be addressed to the owner thereof
29 as such owner's name appears, and must be addressed to such
30 owner's last known address as the same appears on the last
31 equalized assessment roll, and when no address appears, to
32 General Delivery, City of San Bernardino, If notice is given by
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~ mail, such notice shall be deemed to have been received by the
2 person to whom it has been senn within forty-eight (48) hours after
3 the mailing thereof. If notice is given by mail to either the
4 owner or occupant of such premises, the City Engineer shall,
:1 within forty-eight (48) hours after the mailing theeeof, cauae~
a copy thereof, printed on a card not less than eight (8) inches
1 by ten (10) inches in size, to be posted in a conspicuous place
8 on said premises.
9 (c) The notice given by the City Engineer to pi:t<widectlfu
10 required underground facilities shall particularly specify what
11. work is required to be done, and shall state that if said work
121 is not completed within thirty (30) days after receipt of such
13 notice, the City Engineer will provide such required underground
14 facilities, in which case the cost and expense theeeof will be
15 assessed against the property benefited and become a lien upon such
16 property.
17 (d) If upon the expiration of the thirty (30) day period,
18 the said required underground facilities have not been provided,
19 the City.by order of the Mayor and upon issuance of a work order
20 shall forthwith proceed to cause the work to be done, provided,
21 however, if such premises are unoccupied and no electric or
22 communications services are being furnished thereto, the City
23 shall in lieu of providing the required underground facilities,
24 have the authority to order the disconnection and removal of any and
25 all overhead service wires and associated facilities supplying
26 utility service to said property. Upon completion of the work,
27 the City Engineer shall file a written report with the City
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28 Council setting forth the fact that the required underground facili"=':'
29 ties have been provided and the cost thereof, together with a
30 legal description of the property against which such cost is to be
31 assessed. The Council shall thereupon fix a time and place
32 f~ hearing protests against the assessment of the cost of such work
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upon such premises, which said time shall not be less than ten
(10) days thereafter.
(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 posses~ion 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 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 confirmation by the Council, the amount of the assess-
ment shall become a lien upon the property against which the
assessment is made by the City Engineer, and the City Engineer is
directed to tunn 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 levied
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 per cent (6%) per
annum.
SECTION TEN: RESPONSIBILITY OF CITY
City shall remove at its own expense all City-owned equipment
from all poles required to be removed hEEeunder in ample time to
enable the owner or user of such poles to remove the same within th
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time specified in the resolution enacted pursuant to Section ~hree
hereof.
SECTION ELEVEN: EXTENSION OF TIME
In the event that any act required by this ordinance or by a
5 resolution adopted pursuant to Section Three hereof cannot be per-
6 formed within the time provided on account of shortage of Materials,
7 war, restraint by public authorities, strikes, labor, disturbances,
8 civil disobedience, or any other circumstances beyond the control of
9 the actor, then the time wi thin which such act will be accomplished );
10 shall be extended for a period equivalent to the time of such
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11 limitation.
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SECTION TWELVE: PENALTY
It shall be unlawful for any person to violate any provision or
14 to fail to comply with any of the requirements of this ordinance. An
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erson violating any provision of this ordinance or failing to compl
ith any of its requirements shall be deemed guilty of a misdemeanor
nd upon conviction thereof shall be punished by a fine not exceedin
ive Hundred Dollars ($500.00) or by imprisonment not exceeding six
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19 (6) montns; or by both such fine and imprisonment. Each such person
20 hall be deemed guilty of a separate offense for each day during any
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ortion of which any violation of any of the provisions of this
rdinance is committed, continued or permitted by such person, and
23 hall be punishable therefor as provided for in this ordinance.
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SECTION THIRTEEN: CONSTITUTIONALITY
If any section, sub-section, sentence, clause or phrase of
26 his ordinance is for any reason held to be invalid, such decision
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hall not affect the validity of the remaining portions of this
28 rdinance. The Council hereby declares that it would have adopted
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the ordinance and each section, sub-section, sentence, clause or
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phrase thereof, irrespective of the fact that anyone or more
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sections, sub-sections, sentences, clauses or phrases be declared
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in';alid.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a regular meeting
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thereof, held on the /4 day of Vd t ' 1968,
by the following vote', to wit: (;'
.,,,, :l:'Z~:ZV:;:-~;2:~Y
NOES: ~
ABSENT: --L/./I~/~ UUU 7'U6""..,../
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(}j~; C ~.
City Clerk
of
The fOljgPing ordinance
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is hereby approved this
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day
, 1968.
AP~as t~
City At~i r
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"'''.~>''.L ilELTO " City Clerk
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