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HomeMy WebLinkAboutORD 144ORDINANCE NO. 144 The City Council of the City of Palw.Desert, Caii- ibrnia, DOSE hammy C ZAIN as folio" t MT20N It Sb,%t Section Z of said ordinance No. 20 Wall be and the same is b►reby awanded to read as follower OMMION Zt Public Hearing by Council. Upon petition by the landowners, as pro- vided in Section 5696.3 of the Streets and Highways Code, or upon initiation by the City Council, the Council may froa 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, i ! the Council may from time to time call public l , hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead struct•iras within designated areas of the City and the underground installation of wires and facilities for supplying electric, coemtunication, or ximilar or associated service. The City Clerk shall notify assessment roll, and utilities concerned, by mail of the time and place of such hearings at least fifteen (15) 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 bearing, all persons interested shall be given as opportunity to be heard. The decision eg the Council shall be final and oonclusive." ONCTION 2t That Section 4 of said Ordinance no. 20 shall be and the seers is hereby amended to read as follows t Vag* 1. 1b2Wvtw 41 Council May Designate Underground 1ltility 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 a Ovencil shell, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. The Council shall also, by resolution• make one or more of the following findings (1) Such undergrounding will avoid or elim- inate an unusually heavy concentration of overhead electric facilities (2) The street or road or right-df-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffics and (3) The street or road or right-of-way adjoins LJ or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. The legislative body may determine that either the City or the public utility voluntarily agrees to pay over fifty per cent (50%) of all costs of conversion, excluding costs of user connections to underground facilities, prior to the adoption of the resolution. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and !or the installation of such underground facilities as may be occasioned thereby. Nothing contained herein shall prevent the formation of districts where the property owners are willing to assume the total conversion costs." 9OCTIOM 3t That subparagraph (d) of section 7 of Page 3. ta` ! !..y • ..� tl � ratt OteirAme No. !o shall be and the same is hereby emended is seed as toilowet •(d) unless specifically included by resoiu- Uon• poles, overhead wires and associated overhead struetures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts." SWTiON 4t That subparagraph (d) of Section 10 of said Ordinance No. SO shall be and the same is hereby amended to read as follawsl `SSCTiON 10t Responsibility of Property Owners. . oil it upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Council or person authorized by the Council may proceed to do the work In accordance with election 5896.14 of the Streets and t Highways Codes provided, however, if such premisea are unoccupied and no electric or communications ser- vices are being furnished thereto, the City Council or person authorized by the Council shall in lieu of pro- viding 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 com- pletion of the work by the City Council or person author- ised by the Council, said Council or person shall file a written report with the 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 assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter." i1VCliON 59 That Section 13 of Ordinance No. 20 shall -be and the same is hereby amended to read as followat Page 3. 66SMION Ili Penalty. It shall be unlawful for end person to violate any provision or fail to amply with any of the raquiresents of this ordinance. A" person violating any provision of this ordinance f at failing to cosply with any of the requirements shall U does" guilty of a sisdeoeanor in accordance with Ordinance No. S7, and upon conviction thereof shall be punished by a fine not exceeding live Hundred Dollars J$S00.00) or'by imprisonment not exceeding six (6) sronths, 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 ordinance is comaitted, continued, or permitted by such person, and shall be punishable therefor as provided for in this ordinance." SECTION Ss The City Clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of +� Pals Desert, and shall certify to the passage and adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its.adoption. PASSED, APPROVED and ADOPTED by the City Council this lsth day of Ja""ary , 1977, by the following votes AYES lklMsson lies, Newbrander, Seidler & h NOESs UMN ASSElIT s Nose ' Mayor Ci o Palm Desert, California A?lEST: .1 y Clark ' City of Palo Desert, California Page 1.