ORD 1050ORDINANCE NO. 1050
- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 23 TO THE PALM
DESERT MUNICIPAL CODE TO REQUIRE THAT FUTURE
DEDICATIONS OF ELECTRICITY DISTRIBUTION FACILITIES BE
MADE TO THE CITY
WHEREAS, on November 4, 1997, the voters of the City approved a City
Charter, which was approved by the City Council on December 1, 1997 ("City Charter");
and
WHEREAS, pursuant to Article 1, Sections 101 of the City Charter, the City
reserved the power and authority to adopt, make, exercise and enforce all legislation,
laws and regulations and to take all actions and to exercise any and all rights, powers
and privileges heretofore or hereafter established, granted or prescribed by any law of
the State of California or by any other lawful authority; and
WHEREAS, Article 3, Section 302 of the City Charter provides that the City shall
have the power to adopt any ordinance providing for the acquisition, development or
operation by the City of any public utility, or any ordinance providing for the granting of a
franchise to any public utility not owned by the City which proposes to use or is using
City streets, highways or other rights of way; and
WHEREAS, on May 22, 2003, the City Council of the City of Palm Desert ("City")
adopted Ordinance No. 1048, pursuant to which the City Council formed a municipal
utility; and
WHEREAS, the City now seeks to maximize the opportunities and benefits of
improved electricity services by requiring that future dedications of electricity distribution
facilities by new development be made to the City.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Palm
Desert, California, does hereby declare, determine and order as follows:
1. That the above recitations are true and correct.
2. That Chapter 23, Sections 23.50.010 through 23.50.040 be added to the
Palm Desert Municipal code as follows:
ORDINANCE NO. 1050
Chapter 23
MUNICIPAL UTILITY AND DEDICATION REQUIREMENTS
SECTIONS:
23.01.010 Purpose
23.02.020 Definitions
23.03.030 Utility Distribution Facility Dedication Requirement
23.04.040 Acceptance
23.01.010 - Purpose This Chapter sets forth the requirement that
structural improvements and/or infrastructure used for the distribution of
electricity that are completed after the effective date of this ordinance if
enacted, shall be dedicated to the City.
23.02.020 - Definitions
As used herein the term:
(a) Dedicate shall mean the offer of any owner, developer or
constructor within the designated spot municipal utility of all right, title and
interest in and to a utility distribution facility to the City.
(b) Municipal Utility shall mean the municipally owned electricity
utility of the City of Palm Desert having the power and authority to provide
electricity services.
(c) Operational Date shall mean the date upon which the
municipal utility is declared by the City Manager to be duly empowered,
constituted and equipped to be operational.
(d) Utility Distribution Facility shall mean any structural
improvement and/or infrastructure, or portion thereof, that is used or
intended to be used for the distribution of electricity; provided, however, a
utility distribution facility shall not include such improvement constructed
by an "electrical corporation", as defined in the California Public Utilities
Code.
23.03.030 - Requirement for Dedication It is the policy of the City of
Palm Desert that any utility distribution facility installed within an
established spot municipal utility after enactment of this ordinance shall be
offered for dedication to the City of Palm Desert.
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ORDINANCE NO. 1050
A. Utility Distribution Facility Dedication Procedure The City
Manager is authorized and directed to prepare, implement and enforce a
procedure pursuant to which utility distribution facilities installed within an
established spot municipal utility after enactment of this ordinance shall be
offered for dedication to the municipal utility. The dedication procedure
shall be established by the City Manager.
23.04.040 - Acceptance The City Manager or his designee is hereby
authorized to review any offer of dedication of a utility distribution facility
installed after enactment of this ordinance. In the event that the City
Manager is satisfied that the offer of dedication is in order, that the utility
distribution facility can be appropriately included within the municipal utility
system, that said utility distribution facility will be beneficial to the
development of the municipal utility system, and that the municipal utility
can economically provided service through the utility distribution facility,
said offer of dedication shall be accepted.
3. That Chapters 12.16 and 26.44 of the Palm Desert Municipal Code be
amended to include the following language:
12.16.050 — 26.44.060 Public Utility Lines, Dedications. The
provision of this ordinance shall not be construed to limit or interfere
with the installation, maintenance and operation of water lines,
sewer lines, gas lines, other public utility pipelines, and electric,
cable and open video systems, telephone or telegraph transmission
lines when installed, maintained and operated in accordance with
all other applicable laws. Pursuant to Title 23, Chapter 23.03.030,
and notwithstanding anything in this Municipal Code to the contrary,
utility distribution facilities for electricity that are installed within the
designated spot municipal utility and completed from and after
enactment of this ordinance, shall be dedicated to the City.
This Ordinance shall be effective thirty - (30) days following its adoption. Within fifteen
(15) days following its adoption, the City Clerk shall publish this Ordinance, or the title
thereof as a summary as required by state law.
INTRODUCED at a regular meeting of the City Council of the City of Palm Desert held
on the 121h day of June, 2003, and thereafter,
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ORDINANCE NO. 1050
PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of
Palm Desert held on the 26th day of June, 2003, by the following roll call vote:
AYES: FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
ATTEST:
r. �� - �;4 � � �
Rachelle Klassen,
n M. Benson, Mayor
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