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HomeMy WebLinkAboutORD 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. 2 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, 3 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 4