ORDINANCE NO. 8239
AN ORDINANCE REGULATING BUILDING AND
CONSTRUCTION AND RELATED ACTIVITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF
NOW THEREFORE BE IT ORDAINED BY THE
GOVERNING BODY OF THE CITY OF
Section 1. Article 19 “Underground Wiring
Districts” of Chapter 5, “Building and Construction” of the Code of the City of
5-1901 ARTICLE DEFINITIONS.
Definitions of terms as used in this
Article shall be as follows:
(A) Underground
Wiring District shall mean an area in the City within which poles, overhead
wires, and associated overhead structures are prohibited by this Article.
(B) Poles,
Overhead Wires and Associated Overhead Structures shall mean and include,
but not be limited to poles, towers, supports, wires, conductors, guys, stubs,
platforms, cross-arms, braces, line transformers, insulators' cut-outs,
switches, communication circuits, appliances, attachments and appurtenances
located above ground upon, along, across or over the streets, alleys and easements,
and used in supplying electric, communication, or similar or related service.
5-1902 UNDERGROUND WIRING REQUIRED IN CERTAIN AREAS.
The Governing Body of the City does
hereby find and determine that the public interest requires that all poles,
overhead wires, and associated overhead structures used in supplying electric,
communication, or related service to be constructed within an underground
wiring district in the City be placed underground in order to promote and
preserve the health, safety and general welfare of the public and to improve
the appearance and the orderly development of the City. From and after June 22, 1976, it shall be
unlawful, except as specifically provided herein, for any person or utility to
erect, construct, use or maintain any pole, overhead wires and associated
overhead structures within an underground wiring district.
5-1903 UNDERGROUND WIRING DISTRICTS ESTABLISHED.
(A) The
Governing Body finds and determines that the public interest requires that all
areas within the City, platted and unplatted, which
are not developed and which do not have any electrical or communication
services installed on June 22, 1976, are hereby declared to be underground
wiring districts. The subdivider, developer, or owner of any such area or portion
thereof shall make the necessary arrangements for the installation of
underground facilities, including circuits for street lights and traffic
signals that may be required by the City.
Such arrangements shall be made with each of the companies or persons
supplying the electrical and communications service therein, in accordance with
the established charges of such company or person. Letters from each of such companies or
persons, indicating that the arrangements have been made, shall be submitted to
the planning department at the time the final subdivision plat is filed.
(B) Nothing
in this Article will prevent a subdivider, developer,
or owner making arrangements with a private contractor, qualified to the
satisfaction of the utility involved, for the installation of underground
facilities in accordance with the established specification of the companies
controlling the utilities or communications service.
5-1904 EXCEPTIONS TO UNDERGROUND WIRING REQUIREMENTS.
Exceptions to underground wiring
requirements in the City shall be as follows:
(A) Temporary
Exceptions. The City Manager, or his
or her designee, may grant special permission in cases where temporary
electrical power or communication service is reasonably required for
emergencies or for building construction purposes, or for other temporary
purposes, to erect, construct, install or maintain poles, wires and other
overhead structures for a period not to exceed 120 days. However, in the event
the purpose for which the temporary exception referred to herein granted
cannot be completed within the period herein provided, because of a shortage of
materials, a natural disaster, strikes, or other circumstances beyond the
control of the parties, or by unusual hardships, then the time may be extended
an additional temporary period or periods necessary to allow completion of such
construction.
(B) Permanent
Exceptions. The provisions of this
Article shall not apply to any of the following uses in the underground wiring
district:
(i) Three phase primary electric
distribution or transmission lines with capacities of 12KV or greater rated at
a minimum of 300 amps which do not traverse the underground wiring district
except which are necessary to provide service thereto.
(ii) Poles,
overhead wires, and associated overhead structures, when part of an existing
line originating in an area outside the underground wiring district, may remain
in the underground wiring district. All
future wiring shall be underground.
Nothing in this Article will prevent the replacement of poles, overhead
wires and associated overhead structures on these lines when necessary for the
purpose of maintaining the line or altering the capacity thereof, or in the
case of single phase lines, the addition of the necessary facilities to three
phasing of the line.
(iii) Radio and television antennae.
(iv) Structures on corner lots, in streets and
alleys, and on easements adjacent thereto, in an underground wiring district,
in cases where electrical and communication wires cross a street or other
district boundary from an area where overhead wires are not prohibited, may be
connected to the overhead wires, and hereby are exempt from the provisions of
this Article.
(v) Poles
used exclusively for street or area lighting or for traffic control facilities.
(vi) Electric substations and the accompanying
equipment and apparatus necessary to provide adequate electric service to those
persons located within an underground wiring district or in the surrounding
area.
(C) Special
Exception. Notwithstanding any other
provisions of this Article, the Governing Body may grant special exceptions on
a permanent or temporary basis to the provisions hereof on such terms as the
Governing Body may deem appropriate in cases of emergency or unusual circumstances
to any party to erect, construct, install, maintain, use or operate poles and
overhead wires and associated overhead structures within any underground wiring
district.
(D) Floodplains
and Drainage Easements. The
installation, placement or maintenance of live front underground electrical
structures shall be prohibited in all floodplains, floodways and drainage
easements. Where electrical or
communication equipment must cross a floodplain, floodway or drainage easement
they shall be installed as to be reasonably free from flood or storm water
runoff damage and the intrusion of ground water. Provided, that electrical structures and
equipment installed prior to the effective date of this ordinance shall be governed
by the provisions of this Article in effect prior to the effective date of this
ordinance.
(E) Hold
Harmless. The utility, its
successors and assigns, shall save and hold harmless the City, from all
liability, costs, damages, and expenses of every kind, for the payment of which
the City may become liable to any person, firm, or corporation by reason of any
negligence by the utility in the construction, maintenance, and operation of
its utility system within the City.
(F) Penalty. Any person or utility who shall erect,
construct, place or operate any such pole, overhead wire, or associated
overhead structure within an underground wiring district in violation of this
Article or who shall otherwise fail to comply with the provisions of this
Section, upon conviction thereof, shall be punished by a fine not to exceed
$500 for each offense.
Section 2. This
ordinance shall take effect and be in force upon its passage and publication
once in the official city paper as provided by law.
ADOPTED by the governing body this ____ day of February, 2008.
APPROVED:
_____________________
Sue
Hack, Mayor
ATTEST:
______________________________
Frank S. Reeb
City Clerk
Approved as
to form and legality:
_________________________________________
Toni
Ramirez Wheeler,
Director of Legal Services