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ORDINANCE NO. 5 0 4 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTERS 13.32 ENTITLED "UNDERGROUND
UTILITIES" AND 13.36 ENTITLED CATV SYSTEMS TO ACHIEVE
CONSISTENCY BETWEEN CHAPTER 13.32 ENTITLED "UNDERGROUND
REGULATIONS", CHAPTER 13.36 ENTITLED "CATV SYSTEMS", TITLE 12,
ENTITLED "STREETS, SIDEWALKS, AND PUBLIC WORKS", AND TITLE 20
ENTITLED "TELECOMMUNICATIONS AND OTHER COMMERCIAL UTILITIES"
FOR REGULATION AND PERMITTING OF ALL ACTIVITIES OCCURRING
WITHIN PUBLIC WAYS AND RIGHT OF WAYS.
WHEREAS, RCW 35A.11 grants cities broad authority with
regards to acquisition, sale, ownership, improvements,
maintenance, protection, restoration, regulation, use,
leasing, disposition, vacation, abandonment, or
beautification of the public Right of Ways; and
WHEREAS, RCW 47.24 grants cities full jurisdiction and
control of city streets which are parts of the state highway
system within city limits; and
WHEREAS, RCW 35A.47 provides the authority for code
cities to acquire, construct, maintain, use and vacate
alleys, streets and sidewalks and to set design standards;
and grants code cities non-exclusive franchise authority to
issue permits and regulate streets and Public Ways under such
conditions as cities may establish by ordinance, while
Ordinance No. 5043
December 31, 1997
Page 1 (OvdS063f}
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requiring a bond in a reasonable amount for any person or
corporation obtaining a franchise from the City conditioned
upon the faithful performance of the conditions and terms of
the franchise and providing a recovery on the bond in case of
failure to perform the terms and conditions of the franchise;
and
WHEREAS, the adoption of a new Title 20 entitled
"Telecommunications and other Commercial Utilities" required a
new Chapter 12.24 entitled "Construction Permits" for purposes
of achieving consistency in the permitting procedures for all
work within the city's public ways; and
WHEREAS, with the revisions in Chapter 12.24 entitled
"Construction Permits" it is also necessary to assure
consistency in regulating all construction activities within
the city's public ways to amend Chapter 13.32 entitled
"Underground Wiring" and Chapter 13.36 entitled CATV Systems
to require permits for construction within the city's public
ways and right of ways to be regulated by the new Chapter
12.24;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5043
December 31, 1997
Page 2 (Ord5043f)
Section 1.
follows:
To
Auburn
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PURPOSE: The purpose of this ordinance is as
amend Chapter 13.32 "Underground
City Code as set forth in Exhibit
and incorporated herein by this reference
regulations consistent with the 1997 revisions of
"Streets, Sidewalks, and Public Works" by Ordinance
and a new Title 20, "Telecon~munications and Other
Regulations" of the
"A" attached hereto
to provide
Title 12,
No. 5042,
Commercial
Utilities" as adopted by Ordinance No. 5034; and
To amend Chapter 13.36 "CATV Systems" of the Auburn City
Code as set forth in Exhibit "B" attached hereto and
incorporated herein by this reference to provide regulations
consistent with the 1997 revisions of Title 12, "Streets,
Sidewalks, and Public Works" by Ordinance No. 5042, and a new
Title 20, "Telecommunications and Other Commercial Utilities"
OR INVALIDITY: If any
clause, phrase, or sentence, of this
held to be invalid or
or unconstitutionality of
as adopted by Ordinance No. 5034.
Section 2. CONSTITUTIONALITY
section, subsection,
Ordinance, is for any reason
unconstitutional, such invalidity
the remaining portions of this ordinance, as it is being
Ordinance No. 5043
December 31, 1997
Page 3 (0rd5043f)
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hereby expressly declared that this ordinance and each
section, subsection, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more
section, subsection, clause, phrase, or sentence, be declared
invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval, and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
January 5, 1998
January 5, 1998
January 5, 1998
CHARLES A. BOOTH
MAYOR
Ordinance No. 5043
December 31, 1997
Page 4 (0rd5043f)
ATTEST:
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City Clerk
APPROVED AS TO FORM:
' d
l0 Michael J Reyno s,
City Attorney
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PUBLISHED:
Ordinance No. 5043
December 31, 1997
Page 5 (0rd5043f)
EXHIBIT
Chapter 13.32
Sections:
13.32.010
13.32.020
13.32.030
13.32.040
13.32.050
13.32.060
13.32.070
13.32.080
13.32.090
13.32.100
UNDERGROUND WIRING REGULATIONS
Purpose and Scope.
Definitions.
Requirements.
Property owner's responsibilities.
Conversion work by local improvement districts.
Notification of service availability and noncompliance action.
Mandatory disconnection and removal of overhead services.
Conversion cppcc! hoer!n; complaint review.
Local improvement regulations apply.
Violation - Penalty.
13.32.010 Puroose and Scooe.
The purpose and scope of this title is to establish policies and standard procedures for
reaulation of installation, operation, and management of all underqround utility wiring and
communication conduits within the City of Auburn. The scope of this title includes new sub-
divisions; new construction on private parcels; aqreements and franchises for cable television,
telecommunications, qas, and power utilities operating within Public Ways. This Chapter
clarifies the applicability of all other titles of the City code regardinq the subject of
underqrounding, to foster management of future Right of Ways to the benefit of the public, and
to prescribe the specific procedures and permits to be used to requlate each activity.
13.32.020 Definitions.
The definitions of this chapter are specific to this Chapter.
"Aerial" Means those utility services which currently exist on poles or which may be
installed at a future date with the City Engineers approval, owned, and managed by private
utilities, within City Right of Ways or City utility easements.
"Conduit" Means any pipeline, duct, or protective enclosure for electrical conductors,
coaxial cable, multi-conductor cable, or fiber optic cable, communications trunkline or used for
conveyance of oas. oetroleum, or other commercial products.
"Utility" Means those companies providing electric power, telecommunications, cable
television, telephone, and natural gas services within the corporate boundaries of the City of
Auburn. Washington.
13.32.030 Requirements.
A. General.
All wires, cables or other electrical and communication appurtenances, pipelines, and devices
shall, where technically feasible, be installed underground in connection with the following:
1. All new platted subdivisions (including streets and Right of Ways within subdivisions);
2. All completely new permanent-type residential and commercial buildings on private
property (temporary construction requirements may be overhead);
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Exhibit "A"
3. All lines extended into areas where no adequate aerial system exists where feasible.
(Ord. 2839 _ 2, 1974.)
4. As an exception to the above, all aerial facilities in existence as of the effective date
of this ordinance, are qrandfathered at current capacity, to remain above qround; however,
should the owner of such facilities desire to increase the caoacitv of such facilities, he/she
shall apply for an amendment to his/her franchise with the City.
B. Cable Television.
ACC Chapter 13.36 ooverns the installation and manaoement of all underoround facilities
related to cable television services and franchises within the coroorate boundaries of the City.
C. New Subdivisions.
ACC Chapter 17.12 qoverns the installation of all undemround facilities related to the
integration of all utilities that serve new subdivisions within the corporate boundaries of the
City.
D. Telecommunications and Commercial Utilities.
Title 20, Telecommunications and ACC Chapter 12.24, Construction Permits governs the
installation and manaoement of all underoround facilities related to commercial utilities and
telecommunication services and qoverninq Riqht of Way Agreements, Franchises, and Leases
within the corporate boundaries of the Citv.
E. Temporary Uses:
The City Enqineer may qrant an exemption from underqrounding power and communication
services for temporary structures or for mobile containers for up to one year. The City
Enaineer mav (~rant an extension to such uses orovidinq the permittee provides proof of either
a commitment to relocate the use to another site, or a bonded commitment to underground the
services within the one year extension if granted. The intent of this section is to allow small
businesses to economically determine if a site is suitable for the planned use without having to
make a significant financial investment in underqroundinq such services. The exemption will
not be granted without business reqistration and a determination of compliance with zoning.
F. Permittinq.
Installation of all aerial and underqround facilities within existing City Right of Ways or
easements shall be permitted under ACC Chapter 12.24 Street Construction Permits.
13.32.040 Property owner's responsibilities.
The owner(s) of real property abutting an underground wiring project shall be
responsible at his/her or their expense for converting to such underground wiring service
within 90 days after the date of the mailing of the notice as set forth in ACC 13.32.060. Time in
consummating such connection and disconnection of overhead services is of the essence and
such notice to the property owner or occupant of the affected premises may be mailed, or
delivered in person. (1957 code_ 10.18.050.)
13.32.050 Conversion work by local improvement districts.
All of such conversion of electrical and communication facilities to underground facilities
may be undertaken by local improvement district or as otherwise permitted by law and as
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fdrther authorized by RCW 35.96.030 and 35.96.040. (1957 ~ode _ 10.18.060.)
13.32.060 Notification of service availability and noncompliance action.
When service from the underground electric and communication facilities is available in
all or part of a conversion area, the City shall mail a notice to the owners of all structures or
improvements served from the existing overhead facilities in the area. The notice shall state
that:
A. Service from the underground facilities is available;
B. 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 90
days after the date of mailing of the notice;
C. Should such owner fail to convert such service lines from overhead to underground
within 90 days after the date of mailing of the notice, the City will order the electric and
communication utilities to disconnect and remove the service lines;
D. Should the owner object to the disconnection and removal of the service lines, he
may file his written objection thereto with the City Clerk within 30 days after the date of the
mailing of the notice, and failure to object within such time will constitute a waiver of his right
thereafter to object to such disconnection and removal. (1957 code_ 10.18.070.)
13.32.070 Mandatory disconnection and removal of overhead services.
If the owner of any structure or improvement served from the existing overhead electric
and communication facilities within a conversion area fails to convert to underground the
service lines from such overhead facilities to such structure or improvement within 90 days
after the mailing to him of the notice, the City shall order the electric and communication
utilities to disconnect and remove all such service lines; provided, that if the owner has filed
his written objections to such disconnection and removal with the City Clerk within 30 days
after the mailing of the notice, then the City shall not order such disconnection and removal
until after the hearing on such objections. (1957 code_ 10.18.070.)
· " .... ' comr)laint review.
13.32.080 Convers,on ...~.~..
Upon the timely filinq by the owner of objections to the disconnection and removal of
the service lines pursuant to this Article the owner shall have the riqht to fife a complaint with
the Public Works Director as follows:
A. All complaints filed pursuant to this Section must be filed in writinq with the
Public Works Director within 10 workinq days of the date of the decision beinq disputed;
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B. All complaints filed pursuant to this Section shall specify the error of law or fact,
or new evidence which could not have been reasonably available at the time of the City
Enaineer's decision, which shall constitute the basis of the complaint;
C. Upon receipt of a timely written notice of a complaint, the Public Works Director
shall review the materials submitted and prepare a written staff paper detailinq the rationale of
the City Enaineer's decision and a findinqs of fact for the Hearinqs Examiner.
D. The Public Works Director shall schedule the hearinq in accordance with ACC
Chapters 18.66 and 1.25.100 and notify the contesting party of the scheduled hearinq.
13.32.090 Local improvement regulations apply.
Unless otherwise provided for in RCW 35.96.010 et seq., all the general provisions
related to local improvements of cities and towns shall likewise apply to local improvements for
the conversion of overhead electric and communications facilities to underground facilities
within the city limits. (1957 code _ 10.18.080.)
13.32.100 Violation - Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter
1.25 ACC. (Ord. 4502 _ 12, 1991; 1957 code _ 10.18.040.)
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EXHIBIT B
Section 13.36.140
CABLE TV CODE
13.36.140 Construction in right-of-way.
Whenever, in the sole opinion of the City, any of a franchisee's
facilities or equipment need to be relocated or altered due to a
construction or repair project by the City in a public way, a
franchisee shall move or relocate said facilities or equipment within
30 days from receiving written notice from the City. However, in the
event such relocation is required due to emergency repairs deemed
necessary by the City, such relocation or moving shall be accomplished
within 24 hours. Any relocation or alteration of a franchisee's
facilities or equipment required under this section shall be at the
sole expense of a franchisee. Installation and/or relocation of all
underqround and aerial facilities within existinq City Riqht of Way or
Public Ways or City utility easements shall be permitted under ACC
12.24, "Construction Permits".
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Exhibit "B"