Ord 1960 - Amending Town Code Section 27.40.010 through 27.40.055 to Establish Underground Utility Districts By ResolutionORDINANCE 1960
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CODE OF THE TOWN OF LOS GATOS
SECTIONS 27.40.010 THROUGH 27.40.055 TO ESTABLISH
UNDERGROUND UTILITY DISTRICTS BY RESOLUTION
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN
THE FOLLOWING:
SECTION I
ARTICLE IV. UNDERGROUND UTILITY DISTRICTS
Section 27.40.010 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.010. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Poles and overhead wires and associated overhead structures. Poles, supports, wires,
conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts,
switches, communication circuits, appliances, attachments and appurtenances located above
ground, upon, along, across, or over the streets, alleys and ways of the Town, and used or
useful in supplying electric, communication or similar or associated service.
Underground utility district or district. An area in the Town within which poles and
overhead wires and associated overhead structures are prohibited by a resolution adopted
pursuant to the provisions of this article.
Utility. All persons or entities supplying electric, communication or similar or associated
service by means of electrical materials or devices.
SECTION II
Section 27.40.015 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.015. Designation by resolution of districts; hearing by Town Council.
(a) The Town Council may, from time to time, call public hearings by Resolution of
Intention to ascertain whether the public necessity, health or safety requires the removal
of poles and overhead wires and associated overhead structures from the public streets,
alleys or ways, within designated areas of the Town and the underground installation of
wires and facilities for supplying electric, communication or similar or associated service.
The Town Clerk shall notify all affected property owners and utilities by mail of the time
and place of such hearings at least thirty (30) days prior to the date thereof.
(b) If, after any such public hearing, the Town Council finds that the public necessity,
health or safety requires such removal and such underground installation within any such
area, the Town Council shall, by resolution, declare such area an underground utility
district. Such resolution shall include a description of the area comprising such district and
shall fix the time within which such poles and overhead wires and associated overhead
structures shall be removed and within which affected property owners shall be ready to
receive underground service. The Town Council shall allow a reasonable time for such
removal, having due regard for the availability of necessary labor, materials and equipment
for such removal and for the installation of such underground facilities as may be
occasioned thereby.
SECTION III
Section 27.40.020 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.020. Maintenance, erection, etc., of poles, etc., in districts prohibited.
(a) Whenever the Town Council by resolution declares an area of the Town an
underground utility district as provided in this article, it shall be unlawful for any person
or utility to maintain any pole, overhead wire or associated overhead structure on any
public street, alley or way within the district after the date when such overhead facilities
are required to be removed.
(b) No person or utility shall erect, construct, place, keep, maintain, continue, employ
or operate any such pole or overhead wire or associated overhead structure on any public
street, alley or way within the district, or shall neglect to take down and remove any such
pole, overhead wire or associated overhead structure within the time designated in such
resolution, or shall otherwise fail to comply with the provisions of this article.
SECTION IV
Section 27.40.025 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.025. Notification of affected property owners and utilities.
(a) Within ten (10) days after passage of a resolution pursuant to this article, the Town
Clerk shall notify all affected utilities and all persons owning real property within the
district described in such resolution of the adoption thereof.
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The Town Clerk shall further notify such property owners of the necessity that, if they
or any person occupying such property desire to continue to receive electric, communication
or other 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 utilities at a new location, subject to applicable rules, regulations and tariffs of
the respective utilities on file with the State Public Utilities Commission and to the
requirements of State laws and Town ordinances.
(b) Notification shall be made by mailing a copy of such resolution, together with a copy
of this article, to the affected utilities and to affected property owners as such are shown
on the last equalized tax roll of the Town.
SECTION V
Section 27.40.030 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.030. Requirements for underground construction.
If underground construction is necessary to provide utility service within the area affected
by any resolution enacted pursuant to this article, 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 State Public Utilities
Commission. Underground construction by the utility shall be accomplished in accordance
with established construction standards and in accordance with the rules and regulations
authorized by the State Public Utilities Commission, and shall be completed within the time
for removal of overhead facilities specified in the resolution enacted pursuant to this article.
SECTION VI
Section 27.40.035 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.035. Responsibilities of property owners, etc.
(a) All underground construction and conduits, conductors and associated equipment
necessary to receive utility service between the service facilities referred to in section
27.40.030 and the service facilities in the building or structure being served shall be
provided by the person owning, operating, leasing or renting such property, subject to
applicable rules, regulations and tariffs of the respective utility on file with the State Public
Utilities Commission and to the lawful requirements of State laws and Town ordinances.
(b) In the event the person owning, operating, leasing or renting such property does not
comply with the provision of subsection (a) of this section within the time provided for in
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the resolution enacted pursuant to this article, the Town Engineer shall have the authority
to order the disconnection and removal of all overhead service wires and associated
facilities supplying utility service to such property.
(c) If such person does not comply, the Town Engineer shall have the authority to enter
and cause the lines to be placed underground. The costs shall be billed to the owner of
record as shown on the last equalized assessment roll. If they are not paid within ninety
(90) days of the date of the invoice, the Town shall cause the invoice to be recorded as a
lien against the property.
(d) Noncompliance by any person owning, operating, leasing or renting such property
with the provisions of this section shall constitute a violation of this Code. Until such time
as an order is issued pursuant to subsection (b) of this section, the supplying utility shall not
be in violation of this article or the resolution enacted pursuant to this article in continuing
to maintain overhead facilities necessary to serve such person during the period of such
noncompliance and such reasonable time thereafter as may be necessary to remove the
same.
SECTION VII
Section. 27.40.040 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.040. Removal of Town facilities.
The Town shall remove its police and fire alarm circuits or any similar municipal
equipment at its own expense from all poles required to be removed under this article 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 this article.
SECTION VIII
Section 27.40.045 of the Code of the Town of Los Gatos is amended to read as follows:
Section 27.40.045. Extension of time limits for emergencies, etc.
In the event that any act required by this article or by a resolution adopted pursuant to
this article cannot be performed within the time provided on account of shortage of
materials, war, restraint by public authorities, strikes, labor disturbances or any other
circumstances beyond the control of the actor, then the time within which such act will be
accomplished shall be extended for a period equivalent to the time of such limitation.
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SECTION IX
Section 27.40.050 of the Code of the Town of Los Gatos is amended to read 'as follows:
Section 27.40.050. Exceptions by permission of Council in unusual, etc., circumstances.
The Town Council may, in any resolution enacted pursuant to this article, grant special
permission, on such terms as the Council may deem appropriate, in cases of emergency or
unusual circumstances, without discrimination as to any person or utility, to erect, construct,
install, maintain, use or operate poles and overhead wires and associated overhead
structures, notwithstanding any other provisions of this article.
SECTION X
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on October 4, 1993, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos
on November 1, 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN :None .
( -1 % SIGNED: AYOR OF THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF gS GATOS
LOS GATOS, CALIFORNIA
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