Ordinance No. 370246
ORDINANCE NO 370
AN ORDINANCE OF THE CITY OF CYPRESS ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL OF
OVERHEAD UTILITY FACILITIES AND THE INSTALLATION
OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY
DISTRICTS
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS
FOLLOWS.
SECTION 1 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) "Commission' 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 4 of this ordinance
(c) "Person" shall mean and include individuals, firms corpora-
tions 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, insula-
tors, cutouts switches communication circuits, appliances,
attachments and appurtenances located above -ground within a
District and used or useful in supplying electric communica-
tion or similar or associated service
(e) "Utility' shall include all persons or entities supplying
electric, communication or similar or associated service
by means of electrical materials or devices
SECTION 2. PUBLIC HEARING BY 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 to time At each
such hearing all persons interested shall be given an opportunity to
be heard The decision of the Council shall be ginal and conclusive
SECTION 3 REPORT BY CITY ENGINEER
Prior to holding such public hearing the City Engineer shall
consult with all affected utilities and shall prepare a report for
submission at such hearing containing among other information the
extent of such utilities' participation and the total costs to the
City and affected property owners Such report shall also contain an
estimate of the time required to complete such underground installation
and removal of overhead facilities
SECTION 4 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
Ordinance No. 370
by resolution, declare such designated area an Underground Utility
District and order such removal and underground installation Such
resolution shall include a description of the area comprising such
district and shall fix the time within which such removal and under-
ground 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 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 5 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 4 hereof, it shall be unlawful
for any person or utility to erect construct place keep maintain
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 are required to furnish service to an owner or
occupant of property prior to the performance by such owner or occupant
of the underground work necessary for such owner or occupant to continue
to receive utility service as provided in Section 10 hereof, and for
such reasonable time required to remove said facilities after said work
has been performed and except as otherwise provided in this ordinance
SECTION 6 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES
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
emergency service The Director of Public Works may grant special per-
mission, 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
SECTION 7. OTHER EXCEPTIONS
This ordinance and any resolution adopted pursuant to Section 4
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
supervision 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 portion 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 from
which poles overhead wires and associated overhead 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
(e) Overhead 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 another location on the same
building or to an adjacent building without crossing any
public street
(f) Antennae associated equipment and supporting structures, used
by a utility for furnishing communication services
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248
(g) Equipment appurtenant to underground facilities, such as
surface mounted transformers, pedestal mounted terminal
boxes and meter cabinets and concealed ducts
(h) Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with con-
struction projects
SECTION 8. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES
Within ten (10) days after the effective date of a resolution
adopted pursuant to Section 4 hereof the City Clerk shall notify all
affected utilities and all persons owning real property within the
District created by said resolution or the adoption thereof Said City
Clerk shall further notify such affected property owners.of the
necessity that if they or any person occupying such property desire
to continue to receive electric communication, or similar or associated
service they or such occupant shall provide all necessary facility
changes on their premises so as to receive such service from the lines
of the supplying utility or utilities_at a new location, subject to the
applicable rules, regulations and tariffs of the respective utility or
utilities on file with the Commission
Notification by the City Clerk shall be made by mailing a copy of
the resolution adopted pursuant to Section 4 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 9 RESPONSIBILITY OF UTILITY COMPANIES
If underground construction is necessary to provide utility
service within a District created by any resolution adopted pursuant
to Section 4 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 10. 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 portion of the service connection on his property
between the facilities referred to in Section 9 and the
termination facility on or within said building or structure
being served, all in accordance with the applicable rules,
regulations and tariffs of the respective utility or utilities
on file with the Commission
(b) In the event any person owning, operating, leasing, occupying
or renting said property does not comply with the provisions
of subparagraph (a) of this Section 10 within the time
provided for in the resolution enacted pursuant to Section 4
hereof, the City Engineer shall post written notice on the
property being served and thirty (30) days thereafter shall
have the authority to order the disconnection and removal
of any and all overhead service wires and associated faci-
lities supplying utility service to said property
SECTION 11. RESPONSIBILITY OF CITY
City shall remove at its own expense all City -owned equipment
from all poles required to be removed hereunder in ample time to enable
the owner or user of such poles to remove the same within the time
specified in the resolution enacted pursuant to Section 4 hereof
SECTION 12 EXTENSION OF TIME
In the event that any act required by this
resolution adopted pursuant to Section 4 hereof
within the time provided on account of shortage
restraint by public authorities, strikes, labor
disobedience or any other circumstances beyond
actor, then the time within which such act will
be extended for a period equivalent to the time
Ordinance No 370
ordinance or by a
cannot be performed
of materials, war,
disturbances civil
the control of the
be accomplished shall
of such limitation
SECTION 13 PENALTY
It shall be unlawful for any person to violate any provision or
to fail to comply with any of the requirements of this ordinance Any
person violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding
Five Hundred Dollars ($500 00) or by imprisonment not exceeding
six (6) months, 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 committed continued or permitted by such person
and shall be punishable therefor as provided for in this ordinance
SECTION 14 CONSTITUTIONALITY
If any section, sub -section, sentence clause or phrase of this
ordinance 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 have adopted the ordinance
and each section, sub -section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, sub -sections,
sentences clauses or phrases be declared invalid
SECTION 15. PUBLICATION
The City Clerk is hereby directed to cause this ordinance to be
published by one insertion in a newspaper of general circulation in
the City and hereby designated for that purpose by the Council
SECTION 16 EFFECTIVE DATE
This ordinance shall take effect and be in force thirty (30) days
from and after its adoption
PASSED AND ADOPTED by the City Council of the City of Cypress, at a
regular meeting held on the llth day of March 1968
e
MAYOR OF THE CITY OF CYPRESS
ATTEST
CITY CLERK 41-4(1-
F H CMF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, California DO
HEREBY CERTIFY that the foregoing ordinance was adopted at a regular
meeting of the said City Council held on the llth day of March, 1968,
by the following vote'
AYES. 5 COUNCILMEN Bowen, Kanel, McCarney, Noe, and Harvey
NOES* 0 COUNCILMEN: None
ABSENT' 0 COUNCILMEN• None
CITYCLERK OF THE CITY OF CYPRESS
Ordinance No, 370