ORDINANCE NO. 8240
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 20 “Siting of Utility Facilities” of Chapter 5, “Building and
Construction” of the Code of the City of
5-2001 DEFINITIONS.
Definitions of terms as used in this
Article, unless the context otherwise requires, shall be as follows:
(A) Construct,
Construction, Reconstruction or Rerouting.
The act of placing or siting electric lines,
poles and appurtenances, with voltages equal or in excess of 69 KV, but not
including 230 KV or greater if the line is over five (5) miles in length, upon
the right-of-way and public easements of the City and the private easements and
right-of-way of the franchised utility, including the upgrading of electric
lines sited at the time of the adoption of this ordinance. Such terms shall not include necessary and
appropriate maintenance or repair to existing electric lines, as long as the
changes are state of the art and similar in size and capacity.
(B) Franchised
utility. An investor-owned company that
holds a franchise with the City to use the public right-of-way and utility
easements in the conduct of business.
(C) KV.
Kilovolts.
5-2002 PERMIT REQUIRED, PERMIT CONTENTS.
(A) At
least forty-five days (45) days, prior to the construction, reconstruction or
rerouting of any electric lines, poles and appurtenances, with voltages equal
to or in excess of 69 KV, but not including 230 KV or greater if the line is
over five (5) miles in length, on City right-of-way or public easements and
private easements and right-of-way of the franchised utility, the franchised
utility shall submit an application for a permit to the City Clerk.
(B) If
such permit application has not been approved or disapproved, or a public
hearing on the permit application scheduled for a future date, within sixty
(60) days from submission of the permit application, the permit shall be deemed
approved and valid.
(C) A
franchised utility shall not construct, reconstruct, or reroute an existing or
new electric line with voltages equal to or in excess of 69 KV up to, but not
including 230 KV if the line is over five (5) miles in length, upon the public
right-of-way or public easements and private easements and right-of-way of the
franchised utility without a permit approved by the City Commission. Such permit application shall include the
information below for the preferred and at least two (2) other alternative
constructions the franchised utility has considered. Upon request of the franchised utility, the
City Commission may waive the requirement for application information on
alternative constructions.
The
permit application shall include the following information:
(1) A general description of the proposed
electric line design, including wire configuration; average, maximum and
minimum current expected; projected electromagnetic fields; length of the line;
number of angle and dead end structures; right-of-way width and total acres of
right-of-way needed; number of buildings (homes, schools, playgrounds) within
100 feet of the line; number of highway and river crossings;
(2) A map showing the approximate alignment
and proposed pole locations, including the size and height of poles;
(3) The preferred construction schedule and
time line for construction;
(4) The estimated cost of the preferred
construction and its alternatives;
(5) The justification for the preferred
route with all criteria used in making that selection from among the
alternatives examined;
(6) The estimate by the franchised utility
of the general effects on adjacent property owners and the public at-large from
the proposed construction;
(7) Such other information as may be
appropriate and required by the City from time to time.
5-2003 PUBLICATION,
NOTIFICATION, AND PUBLIC HEARING.
(A) PERMIT
APPLICATION RECEIVED BY CITY COMMISSION. The City Commission shall receive all
permit applications at a public hearing after notice and publication pursuant
to subsection (b).
(B)
NOTICE
AND PUBLICATION OF PERMIT APPLICATION. The franchised utility shall provide for
the publication of the notice of the permit application in the official city
newspaper at least thirty (30) days prior to the public hearing on the proposed
project.
Such notice shall include
information on obtaining a complete copy of the permit application. At the time of publication, the franchised
utility shall notify in writing the owner(s) of record of property within 100
feet of 1) the boundary line of the public and franchised utility right-of-way
for the proposed project and alternatives, and 2) the boundary line of the
underlying public and franchised utility easements for the proposed project and
alternatives. Such published notice and
mailed notice shall include a description and summary of the proposed project
and alternatives and the date and time of the public hearing. No defect in any notice or in the mailing
thereof shall invalidate any proceedings or permit approval.
5-2004 PUBLIC HEARING
ON PERMIT APPLICATION; APPROVAL OF PERMIT.
(A) The
City Commission shall conduct a public hearing concerning the permit
application. The City Commission may
consider any alternatives or information submitted by interested individuals or
organizations. If the City Commission
determines that inadequate information exists to make a determination on the
permit application, the City Commission may require such additional public
hearings as appropriate. The City
Commission may also order additional information from the franchised utility
relevant to the proceeding. The City
Commission may consider the following criteria as it deems appropriate in
granting or denying the permit application.
The criteria may include, but are not limited to:
(1) The
effects to the general health, safety, and welfare of the citizens and
businesses of the community from the proposed construction, including any
anticipated depreciation of property values due to proximity to lines and
poles, the effects to community and neighborhood aesthetics from the lines and
poles, the temporary and permanent effects to public facilities (e.g.
sidewalks, green space) from the proposed construction, and the potential for
health effects to the public from the proximity of electric lines and poles.
(2) The
cost estimates of alternatives to the preferred construction, including the
probable financial impact under applicable tariffs of the franchised utility if
the permit for the preferred construction is denied and an alternative
construction permit is approved.
(B) The
Commission may request the franchised utility to provide additional information
concerning alternatives to the preferred construction, including alternative
locations and designs, the cost of alternatives, and the financial impact under
applicable tariffs of the franchised utility if the permit for the preferred
construction is denied and an alternative construction permit is approved. The
franchised utility shall provide such information as requested.
(C) The
Commission shall approve the permit application for the preferred construction
or such alternatives as may be proposed.
5-2005 COST ACCOUNTING OF PERMITTED CONSTRUCTION.
A franchised utility shall provide
to the City Commission an accounting of all costs associated with the
construction conducted under an approved permit pursuant to this Article. The cost accounting shall be pursuant to the
form required by the State Corporation Commission for the accounting of similar
utility costs.
5-2006 PENALTY/REVOCATION OF FRANCHISE FOR VIOLATION OF ARTICLE.
The construction, reconstruction or rerouting of electric
lines, poles and appurtenances without a permit as required by this Article is
a violation of this Article and shall be punishable, upon conviction, by a fine
not to exceed $1000.00. Each consecutive
day's violation shall constitute a separate punishable offense. In addition or in the alternative, the City
Commission may consider such violation as a breach of the applicable franchise
agreement and may, pursuant to provisions thereof, revoke the franchise of the
utility.
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