CC Resolution No. 3851-1ell
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उउउउउॾ†怉उउउउ 刉卅䱏呕佉⁎丠⸰†ठ㠳ㄵㄭउउ††䄉†䕒体啌䥔乏†䙏†䡔⁅䌠呉⁙䌠問䍎䱉†䙏†䡔⁅䌠呉⁙传⁆䌠偕剅䥔低उउ††䌉䕒呁义⁇†ठ⁁匠䕐䥃䥆⁃唠䑎剅則問䑎†呕䱉呉⁙䐠卉剔䍉⁔䄠䑎†卅ഭऊउउ 吉䉁䥌䡓义⁇唠䑎剅則問䑎†呕䱉呉⁙䐠卉剔䍉⁔丠⸰†ठव†ठൾऊउठ䕂†呉†䕒体噌䑅†祢†桴䌠瑩⁹䌠畯据汩†景†桴䌠瑩⁹漠䌠灵牥楴潮†獡†潦汬睯㩳उ 圉楉剅䅅ⱓ†祢†敒潳畬楴湯†潎†㌉㔸ⰱ†瀠扵楬栠慥楲杮†慷挠污敬縠牯†潍摮祡ബऊउ慍捲ㄠⰷ†ठ㤱㔷†愉⁴琠敨†潨牵†景†㨷〳†††ठ湩†桴䌠畯据汩†桃浡敢椠琠彨䌠瑩൹ऊउ慈汬†䌉灵牥楴潮†䌉污晩牯楮ⱡ†ठ潴†獡散瑲楡眠敨桴牥†桴瀠扵楬渠捥獥楳祴栠慥瑬ⱨउ猉晡瑥ⱹ†ठ牯†敷晬牡爠煥極敲琠敨†敲潭慶漠瀠汯獥漠敶桲慥眠物獥†湡愠獳捯慩整ऊउ癯牥敨摡†瑳畲瑣牵獥†愉摮†桴甠摮牥牧畯摮†湩瑳污慬楴湯†景†楷敲愠摮†慦楣楬楴獥उ昉牯†畳灰祬湩攠敬瑣楲Ᵽ†ठ潣浭湵捩瑡潩Ɱ†ठ牯†楳業慬漠愠獳捯慩整猠牥楶散眠瑩楨൮ऊउ桴瑡†散瑲楡愠敲漠琠敨†楃祴†敤捳楲敢愠匠牡瑡杯ⵡ畓湮癹污删慯映潲倠捡晩捩ൡऊउ牄癩琠愠†潰湩⁴㔠〰†敦瑥†潮瑲漠䈠汯楬杮牥†潒摡†湡漠䴠䍣敬汬湡†潒摡†牦浯उ匉牡瑡杯ⵡ畓湮癹污删慯琠愠†潰湩⁴ㄠ〵†敦瑥†慥瑳†景†潊湨†慗㭹†ठ湡ऊउठ䡗剅䅅ⱓ†ठ潮楴散†景†畳档†敨牡湩栠獡†敢湥†楧敶琠愠汬†晡敦瑣摥†牰灯牥祴उ漉湷牥愠猠潨湷†湯†桴氠獡⁴攠畱污穩摥†獡敳獳敭瑮†潲汬†湡甠楴楬楴獥†潣据牥敮ऊउ湩†桴洠湡敮愠摮†潦琠敨†楴敭†敲畱物摥†祢†慬㭷†湡ऊउठ䡗剅䅅ⱓ†畳档†敨牡湩栠獡†敢湥†畤祬†湡爠来汵牡祬†敨摬愠摮†污瀠牥潳獮उ椉瑮牥獥整栠癡戠敥朠癩湥†湡†灯潰瑲湵瑩⁹琠戠栠慥摲മऊउठ低ⱗ†ठ䡔剅䙅剏ⱅ†䕂†呉†䕒体噌䑅†祢†桴䌠瑩⁹䌠畯据汩†景†桴䌠瑩⁹漠䌠灵牥ഭऊउ楴潮†桴瑡†瀉牵畳湡⁴琠匠捥楴湯†㐱㈮‰漠琠敨†畃数瑲湩䴠湵捩灩污†潃敤†琉敨†扡癯ⵥउ搉獥牣扩摥†牡慥†獩†敨敲祢†敤汣牡摥†湡†湕敤杲潲湵唠楴楬祴†楄瑳楲瑣愠摮†獩†敤उ椉湧瑡摥†獡†湕敤杲潲湵唠楴楬祴†楄瑳楲瑣†潎†㔉†景琢敨†楃祴†景†畃数瑲湩††䄉उ琉捡敨栠牥瑥㭯†慭歲摥†硅楨楢⁴∠≁愠摮†敨敲祢†湩潣灲牯瑡摥†獡†瀠牡⁴漠琠楨൳ऊउ敒潳畬楴湯†椉愠†慭⁰搠汥湩慥楴杮†桴戠畯摮牡敩漠猠楡䐠獩牴捩㭴उ 刉卅䱏䕖ⱄ†ठ商呒䕈ⱒ†ठ桴瑡†桴䌠瑩⁹䌠畯据汩†潤獥†敨敲祢†楦⁸䨠湡慵祲†㈱†ㄉ㜹ⰶउ愉†琉敨†慤整†湯†桷捩愠晦捥整瀠潲数瑲⁹漠湷牥洠獵⁴戠爠慥祤†潴†敲散癩甠摮牥ഭऊउ牧畯摮†敳癲捩ⱥ†湡搠敯栠牥扥⁹漠摲牥†桴爠浥癯污†景†污瀠汯獥†漉敶桲慥眠物獥उ愉摮†獡潳楣瑡摥†癯牥敨摡†瑳畲瑣牵獥†湡琠敨†湵敤杲潲湵椠獮慴汬瑡潩漠眠物獥उ愉摮†慦楣楬楴獥†ठ潦猠灵汰楹杮†汥捥牴捩†按浯畭楮慣楴湯漠猠浩汩牡†牯†獡潳楣瑡摥उ猉牥楶散†楷桴湩†湕敤杲潲湵唠楴楬祴†楄瑳楲瑣†潎†㔉†湯†牯†敢潦敲†慍捲ㄠⰲ†ठ㤱㘷മऊउठ䕒体噌䑅†䘉剕䡔剅†琉慨⁴琠敨†楃祴†汃牥椠栠牥扥⁹椠獮牴捵整琠渠瑯晩൹ऊउ污愠晦捥整甠楴楬楴獥†湡愠汬†数獲湯漠湷湩爠慥瀠潲数瑲⁹眠瑩楨唠摮牥牧畯摮उ唉楴楬祴†楄瑳楲瑣†潎†㔉†景†桴愠潤瑰潩漠琠楨删獥汯瑵潩眠瑩楨琠湥†ㄨ⤰†ठ慤獹उ愉瑦牥†桴搠瑡漠猠捵愠潤瑰潩Ɱ††匉楡䌠瑩⁹䌠敬歲†桳污映牵桴牥†潮楴祦†慳摩उ瀉潲数瑲⁹漠湷牥漠琠敨†敮散獳瑩⁹琠慨ⱴ†ठ晩†桴祥†牯†湡繹数獲湯†捯畣祰湩猠捵瀠潲⵰उ攉瑲⁹搠獥物琠挠湯楴畮琠爠捥楥敶†汥捥牴捩†按浯畭楮慣楴湯†牯†瑯敨猠浩汩牡उ漉愠獳捯慩整猠牥楶散†琉敨⁹漠猠捵漠捣灵湡⁴猠慨汬戠⁹琠敨†慤整†楦數椠琠楨൳ऊउ敒潳畬楴湯†瀉潲楶敤†污渠捥獥慳祲†慦楣楬祴†档湡敧漠琠敨物†牰浥獩獥†潳†獡⸠उ琉爠捥楥敶†畳档†敳癲捩映潲琠敨†楬敮漠琠敨†畳灰祬湩甠楴楬祴†牯†瑵汩瑩敩൳ऊउ瑡†渠睥†潬慣楴湯†猉扵敪瑣†潴†灡汰捩扡敬†畲敬ⱳ†ठ敲畧慬楴湯愠摮†慴楲晦漠൦ऊउ桴爠獥数瑣癩甠楴楬祴†牯†瑵汩瑩敩漠映汩眠瑩琠敨†畐汢捩†瑕汩瑩敩䌠浯業उ猉潩漠琠敨†瑓瑡漠䌠污晩牯楮††匉捵渠瑯晩捩瑡潩猠慨汬†敢†慭敤†祢†慭汩湩൧ऊउ挠灯⁹漠琠楨删獥汯瑵潩琠杯瑥敨眠瑩愠†潣祰†景†慳摩†敓瑣潩ㄠ⸴〲†景†桴ऊउ畃数瑲湩䴠湵捩灩污†潃敤†琉愠晦捥整瀠潲数瑲⁹漠湷牥愠猠捵愠敲†桳睯漠琠敨उ氉獡⁴攠畱污穩摥†獡敳獳敭瑮†潲汬†湡琠琠敨†晡敦瑣摥†瑵汩瑩敩㭳
RESOLVED, FURTHER, that the City Council hereby finds as follows;
The Underground Utility District herein created is in the general public
interest for the following reason:
(1) The streets, roads or rights of way in the District are exten-
sively used by the general public and carry a heavy volume of
pedestrian or vehicular traffic.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 17th day of March 1975, by the following vote;
Vote Members of th.e City Council.
AYES: Fr.olich, Meyers, Nellis, Sparks, Jackson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4
City Clerk
APPROVED:
a3L ;—City o erf o�
K
min
14.20.010
Attachment
Res. No. 3851-1
Chapter 14.20'
UNDERGROUND UTILITIES --CONVERSIONS*
Sections:
14.20.010
Definitions.
14.20.020
Public hearing.
14.20.030
Underground utility district designation.
14.20.040
Unlawful acts.
14.20.050
Exceptions --Circumstances.
14.20.060
Exceptions --Designated.
14.20.070
Notice.
14.20.080
Utility company responsibility.
14.20.090
Property owner responsibility.
14.20.100
City responsibility.
14.20.110
Time extension.
14.20.120
Violation --Penalty.
14.20.010 Definitions. whenever in this chapter 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" means the Public Utilities Commission of
the state of California;
B. "Underground utility district" or "district" means
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 14.20.030;
C. "Person" means and includes individuals, firms, cor-
porations, partnerships, and their agents and employees;
D. "Poles, overhead wires and associated overhead struc-
tures" means poles, towers, supports, wires, conductors, guys,
stubs, platforms, crossarms, braces, transformers, insulators,
cutouts, switches, communication circuits, appliances, attach-
ments and appurtenances located above -ground within a district
and used or useful in supplying -electric, communication or
similar or associated service;
E. "Utility" includes all persons or entities supplying
electric, communication or similar or associated service by
means of electrical materials or devices. (Ord. 474 §1, 1970).
* For the statutory provisions regarding the conversion of
overhead electric and communications facilities to under-
ground locations, see Streets and Highway Code §5896.1
et sue.; for provisions regarding municipal underground
utility districts, see Gov. Code §38793.
215
1 .20.020--14.20.040
14.20.020 Public hearin. 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 with-
in designated areas of the City and the underground installa-
tion of wires and facilities for supplying electric, communica-
tion, 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 days prior
to the date thereof. Each hearing shall be open to the public
and may be continued from time to time. At each hearing all
persons interested shall be given an opportunity to be heard.
The decision of the Council shall be.final and conclusive.
(Ord. 474 §2, 1970).
14.20.030 Underground utility district designation.
If, after any such public hearing the Council finds that the
public necessity, health, safety or welfare requires such re-
moval and such underground installation within a designated
area, the Council shall, by resolution, declare such designated
area an underground utility district and order such removal
and underground installation. The resolution shall include a
description of the area comprising such district and shall fix
the time within which such removal and underground installa-
tion 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 under-
ground 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. (Ord. 474 53, 1970).
14.20.040 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 14.20.030e it is unlawful for
any person or utility to erect, construct, place, keep, main-
tain, 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 may be
required to furnish service to an owner or occupant of prop-
erty prior to the performance by such owner or occupant of
the underground work necesssary for such owner or occupant
to continue to receive utility service as provided in Section
14.20.090, and for such reasonable time required to remove
said facilities after said work has been performed, and ex-
cept as otherwise provided in this chapter. (Ord. 474 §4,
1970) .
216
20.050--14.20.070J� .�
14.20.050 Exceptions --Circumstances. Notwithstanding
the provisions of this chapter, overhead facilities may be
installed and maintained for a period, not to exceed ten days,
without authority of the Director of Public Works in order to
provide emergency service. The Director of Public Works may
grant special permission, on such terms as the Director of
Public Works may deem appropriate, in cases of unusual circum-
stances, without discrimination as to any person or utility,
to erect, construct, install, maintain, use or operate poles,
overhead wires and associated overhead structures. (Ord. 474
§5, 1970).
14.20.060 Exceptions --Designated. This chapter and any
resolution adopted pursuant to Section 14.20.030 shall, unless
otherwise provided in such resolution, not apply to the follow-
ing types of facilities:
A. Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the Director of
Public Works;
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 over-
head structures are not prohibited;
D. Poles, overhead wires and associated overhead struc-
tures used for the transmission of electric energy at nominal
voltages in excess of thirty-four thousand five hundred volts;
E. Overhead wires attached to the exterior surface 'of
a building by means of a bracket or other fixture and extend-
ing.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 struc-
tures, used by a utility for furnishing communication services;
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 over-
head structures used or to be used in conjunction with con-
struction projects. (Ord. 474 §6, 1970).
14.20.070 Notice. Within ten days after the effective
date of a resolution adopted pursuant to Section 14.20.030,
the City Clerk shall notify all affected. utilities and all
persons owning real property within the district created by
said resolution of the adoption thereof. The 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
217
la `?0.080--14.20:090
associated service, they.or such occupant shall provide all
necessary facility changes on their premiseg so as to receive
such service from the lines of the supplying utility or util-
ities at a new location, subject to applicable rules, regula-
tions 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 14.20.030,
together with a copy of this chapter, to affected property
owners as such are shown on the last equalized assessment roll
and to the affected utilities. (Ord. 474 S7, 1970).
14.20.080 Utility company responsibility. If under-
ground construction is necessary to provide utility service
within a district created by any resolution adopted pursuant
to Section 14.20.030, the supplying utility shall furnish
that portion of the conduits, conductors and associated equip-
ment required to be furnished by it under its applicable rules,
regulations and tariffs on file with the commission. (Ord.
474 §8, 1970).
14.20.090 Property owner responsibility.. A. Every per-
son owning, operating, leasing, occupying or renting a build-
ing or structure within a district shall perform construc-
tion and provide that portion of the service connection on his
property between the facilities referred to in Section 14-
.20.080 and the termination facility on or within the build-
ing or structure being served, all in accordance with appli-
cable rules, regulations and tariffs of the respective utility
or utilities on file with the Commission. If the above is
not accomplished by any person within the time provided for
in the resolution enacted pursuant to Section 14.20.030, the
Director of Public Works shall give notice in w.riting to the
peson in possession of such premises, and a notice in writing
to the owner thereof as shown on the last,equalized assess-
ment roll, to provide the required underground facilities
within ten days after receipt of such notice.
B. The notice to provide the required underground fa-
cilities may be given either by personal service or by mail.
In case of service by mail on either of such persons, the
notice must be deposited in the United States mail in a sealed
envelope with postage prepaid, addressed to the person in
possession of such premises at such premises, and the notice
must be addressed to the owner thereof as such owner's name
appears, and must be addressed to such owner's last known
address as the same appears on the last equalized assessment
roll, and when no address appears, to General Delivery, City
of Cupertino. If notice is given by mail, such notice shall
be deemed to have been received by the person to whom it has
been sent within forty-eight hours after the mailing thereof.
If notice is given by mail to either the owner or occupant of
218
1.4.20.090 V l "I
such premises, the Director of Public Works shall, within
forty-eight hours after the mailing thereof, cause a copy
thereof, printed on a card not less than eight inches by ten
inches in size, to be posted in a conspicuous place on said
premises.
C. The notice given by the Director of Public Works to
provide the required underground facilities shall particuarl.y
specify what work is required to be done, and shall state that
if said work is not completed within thirty days after receipt
of such notice, the Director of Public Works will provide such
required underground facilities, in which case the cost and
expense thereof will be assessed against the property benefited
and become a lien upon such property.
D. If upon the expiration of the thirty day period, the
required underground facilities have not been provided, the
Director of Public Works shall forthwith proceed to do the
work; provided, however, if such premises are unoccupied and
no electric or communications services are.being furnished
thereto, the Director of Public Works shall, in lieu of pro-
viding the required underground facilities, have the author-
ity to order the disconnection and removal of any and all
overhead service wires and associated facilities supplying
utility service to said property. Upon completion of the work
by the Director of Public Works, he shall file a written re-
port with the City 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 days thereafter.
E. The Director of Public Works shall forthwith, upon
the -time for hearing such protests having been fixed, give a
notice in writing to the person in possession of such prem-
ises, and a notice in writing -thereof to the owner thereof,
in the manner hereinabove provided for the giving of the
notice to provide the required underground facilities, of the
time and Place that the Council will pass upon such report
and will hear protests against such assessment. Such notice
shall also set forth the amount of the proposed assessment.
F. Upon the date and hour set for the hearing of pro-
tests, the Council shall hear and consider the report and all
protests, if there be any, and then proceed to affirm, modify
or reject the assessment.
G. If any assessment is not paid within five days after
its confirmation by the Council, the amount of the assessment
shall become a lien upon the property against which the
assessment is made by the Director of Public Works, and the
Director of Public Works is directed to turn over to the
Assessor and `Pax Collector a notice.of lien on each of said
properties on which the assessment has not been paid, and the
219
2.0.100--14.20.120
Assessor and Tax Collector shall add the amount of said
assessment to the next regular bill for taxes levied against
the premises upon which said assessment was -not paid. Said
assessment shall be due and payable at the same time as said
property taxes are due and payable, and if not paid when due
.and payable, shall bear interest at the rate of six percent
per year. (Ord. 474 §9, 1970).
14.20.100 City responsibility. City shall remove at
its own expense all City -owned equipment from all poles re-
quired 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
14.20.030. (Ord. 474 §10, 1970).
14.2.0.110 Time extension. In the event that any act
required by this chapter or by a resolution adopted pursuant
to Section 14.20.030 cannot be performed within the time pro-
vided on account of shortage of materials, war, restraint
by public authorities, strikes, labor disturbances, civil
disobedience, or any other circumstances beyond the control
of the actor, then the time within which such act will be ac-
complished shall be extended for a period equivalent to the.
time of such limitation." (Ord. 474 §11, 1970).
14.20.120 Violation --Penalty. It is unlawful for any
person to violate any provision or to fail to comply with
any of the requirements of this chapter. Any person violating
any provision of this chapter or failing to comply with any
of its requirements shall be deemed guilty of a misdemeanor,
and upon coviction thereof shall be punished as prescribed
in Chapter 1.12. 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 chapter is
committed, continued or permitted by such person, and shall
be punishable therefor as provided for in Chapter 1.12. .(Ord.
474 §12, 1970) .
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