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HomeMy WebLinkAbout1758 Ordinancen ORDINANCE NO. 1758 AN ORDINANCE OF THE CITY OF PASCO PROVIDING A METHOD FOR CONVERSION TO UNDERGROUND OF CERTAIN ELECTRICAL AND COMMUNICATION FACILITIES AND CREATING A NEW CHAPTER IN THE PASCO MUNICIPAL CODE - 12.34 WHEREAS, the City Council of the City of Pasco finds and declares that the conversion of overhead electric and communication facilities to underground facilities is substantially beneficial to the public safety and welfare and is in the public interest and is a public purpose, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, DOES ORDAIN AS FOLLOWS: Section 1: Section 12.34.010 is hereby added as a new Section to Pasco Municipal Code and shall read as follows: DEFINITIONS: As used in Chapter 12.34 unless specifically defined otherwise or unless the context indicates otherwise: A. "Conversion Area" means that area in which existing overhead electric and communication facilities are to be converted to underground facilities pursuant to the provisions of this chapter. B. "Electric Utility" means any publicly or privately owned utility engaged in the business of furnishing electric energy.to the public in all or part of the conversion area and includes electrical companies as defined by RCW 80.04.010 and public utility districts. C. "Communication Utility" means any utility engaged in. the business of affording telephonic, telegraphic, cable television or other communication service to the public in all or part of the conversion area and includes telephone companies and telegraph companies as defined by RCW 80.04.010. Section 2: Section 12.34.020 is hereby added as a new Section to Pasco Municipal Code and shall read as follows: Conversion Expense: The owner or owners of real property abutting an underground project or conversion area, shall be responsible; at his or their expense, for converting to such underground service within ninety (90) days after the date of the mailing or service of the notice as hereinbelow set forth. Time in consummating such connection and disconnnection of overhead service is of the essence and such notice to the property owner or occupant of the affected premises may be mailed, postage prepaid, or delivered in person. All of such conversion of electric and communication facilities to underground facilities may be undertaken by Local Improvement Districts or as otherwise permitted by law and as further authorized by RCW 35.96.030-040. Section 3. Section 12.34.030 is hereby added as a new Section to Pasco Municipal Code and shall read as follows: Notice - Contents: When service from the underground electric and communication facilities is available in all or part of a converstion area, the city shall mail a notice to the owners of all structures or improvements served from the existing overhead facilities in the area, which notice shall state that: (1) Service from the underground facilities is available; (2) All electric and communication service lines from the existing overhead facilities,within the area to any structure or improvement must be disconnected and removed within ninety days after the date of the mailing of the notice; (3). Should such owner fail to convert such service lines .from overhead to underground within ninety days after the date of the mailing of the notice, the city will order the electric and communication utilities to disconnect and remove the service lines; (4) Should the owner object to the disconnection and re- moval of the service lines he may file his written objections - thereto with the city clerk within thirty days after the date of the mailing of the notice and failure to so object within such time will constitute a waiver of his right thereafter to object to such disconnection and removal. Section 4: Section 12.34.040 is hereby added as a new Section to Pasco Municipal Code and shall read as follows: Failure to Connect - Written Objections: If the owner of any structure or improvement served from the existing overhead electric and communication facilities within a converstion area shall fail to convert to underground the service lines from such overhead facilities to such structure or improvement within ninety days after the mailing to him of the notice, the city shall order -the electric and communication utilities to dis- connect and remove all such service lines: Provided, That if the owner has filed his written objections to such discon- nection and removal with the city clerk within thirty days after the mailing of the notice then the city shall not order such disconnection and removal until after the hearing on such objections. Section 5: Section 12.34.050 is hereby added as a new Section to Pasco Municipal Code and shall read as follows: Hearing: Upon the timely filing by the owner of objections to the disconnection and removal of the service lines, the City Council, or a committee thereof, shall conduct a hearing to determine whether the removal of all or any part of the service lines is in the public benefit. The hearing shall be held at such time as the City Council may establish for hearings on the objections and shall be held in accordance with the regularly established procedure set by the City Council. If the hearing is before a committee, the committee shall following the hearing report its recommendation to.the City Council for final action. The determination reached by .the City Council shall be final in the absence of an abuse of discretion. Section 6: Section 12.34.060 is hereby added as a new Section to Pasco Municipal Code and shall read as follows: Application of Statutory Provisions Relating to Local Improve- ments in Cities and Towns: Unless otherwise provided for in RCB 35.96 et seq. all the general provisions relating to local improvements in cities and towns shall likewise apply to local improvements for the con- version of overhead electric and communication facilities to underground facilities. Section 7: This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED BY THE CITY COUNCIL AND APPROVED THIS (O day of January, 1976. Mayor ATTEST Leo Olney,'City.Clerk Approved as to Form: Patrick T. Roach, City Attorney