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HomeMy WebLinkAbout6713 ORDINANCE NO. 6713 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO UNDERGROUND UTILITIES; AUTHORIZING THE CITY TO CONSTRUCT AND PAY FOR UNDERGROUND ELECTRIC AND TELECOMMUNICATION UTILITY FACILITY CONNECTIONS, PROVIDING FOR AN APPEAL TO THE PUBLIC WORKS DIRECTOR, AND AMENDING SECTION 13.32A.130 OF THE AUBURN CITY CODE. WHEREAS, the City's policy is to underground electric and telecommunication utility facilities whenever it is possible to reduce the number of power poles within the clear zone of a roadway and other public safety risks; and WHEREAS, when underground utility facilities become available in the public rights-of-way, property owners must connect to the underground utility service or disconnect from the utility service; and WHEREAS, the City Engineer has determined that it is in the best interest of the public for the City to conduct and pay for the underground electric and telecommunication utility connection to private property outside of structures when a failure to do so might result in construction delays and to avoid a temporary power structure in the clear zone; and WHEREAS, the City will obtain additional consideration for the underground utility connection to private property through a separate agreement for the property owner to maintain their private underground power line and a construction easement, if necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 6713 March 18, 2019 Page 1 of 2 Rev 2018 Section 1. Amendment to City Code. Section 13.32A.130 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: APR 0 1 2179 PASSED: APR 0 1 20T9 APR 0 1 20T9 APPROVED: • op 664446 ANCY B 4111 , MAYOR ATTEST: APPRSVED AS TO FORM: Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney Published: Q,y Ordinance No. 6713 March 18, 2019 Page 2 of 2 Rev. 2018 Exhibit A 13.32A.130 A. City Responsibilities. 1. When service from underground electric and telecommunication utility facilities becomes available in all or part of a conversion area,the city engineer shall will issue a directive to the owners of all structures or improvements with service connections to the existing or temporary overhead utility facilities in the area by means of mailing a certified notice stating that= a. S service from the underground utility facilities is available and notifying the property owners of the owner's responsibilities;_ b. To facilitate completion of the city's project. all electric and telecommunication calendar days after the date of mailing; c. Should such owner fail to complete conversion of such service connections from the remove the service connections; be mailed. B. Property Owner's Responsibilities. 1. To facilitate completion of the city's project, all electric and telecommunication service connections from the existing aerial utility facilities within the area to any structure or improvement must be decommissioned, disconnected and removed within 90 calendar days after the date of mailing. After existing aerial utility facilities identified by the City's notice in section A have been decommissioned, disconnected, and removed, the Property Owner must: a. Convert the service connections from the aerial system to the underground system. within 90 calendar days after the date of receipt of the notice or the City will order the electric and telecommunication utilities to disconnect and remove the service connections. If the owner has filed written objections to this disconnection and removal with the city clerk within 30 calendar days after the date of mailing,the City will not order disconnection and removal until after the appeal hearing on those objections; or b. Notify the city engineer in writing within 30 calendar days after the date of receipt of the notice provided under Section A that the Property Owner wants to discontinue utility service; or c. If the city engineer determines it is in the best interest of the public and the City's infrastructure system for the City to complete the service connection from the underground system to the existing aerial service point of connection and the Property Owner desires the City to do so.the Property Owner will enter into an agreement with the City within 90 calendar days after the date of mailing to provide Property access to complete the conversion. __ •-- . . - - . - . ' -• ' . . . facilities is available. underground system is available for service. • '. . • . -- .. . - • •- I! . - - ' • .. .. C. Financial Responsibilities. 1. For city projects,the cost of relocating existing utility aerial distribution facilities sh #will be borne by the serving utility and the city in accordance with the filed tariffs or franchise agreement. In absence of a If there is no filed tariff or franchise agreement,the cost of the relocation of existing aerial distribution facilities shall will be borne by the serving utility. 2. For city projects,the undergrounding of the service connections for real property served by the aerial electric or telecommunication utility facilities that are being relocated undergroundshall-will be at the owner(s)'s expense, including: a. Decommission, disconnect, and remove the service connections from those utility facilities to any structures or improvements located on the property. b. Either install underground service connections to those structures/improvements on the property or,upon approval of the city engineer, discontinue utility service to one or more of the structures/improvements on the property. Services that are being connected by the city per ACC 13.32A.130(B)(l)(c)are exempted from this requirement and the City will be financially responsible for those connection costs. 3. All such conversion of utility facilities to underground facilities may be undertaken by local improvement district or as otherwise permitted by law and as further authorized by RCW 35.96.030 and 35.96.040. D. Appeal Procedures. 1. A property-ewnerProperty Owner may object appeal to the public works director the disconnection and removal of an aerial service connection by filing a written objection thereto with the city clerk within 30 calendar 20 working days after the date of the mailing of the notice set forth in subsection A of this section. Failure to file a timely written objection within suc time will constitute a waiver of the owner's right thereafter-to object to such disconnection and removal. The public works director will have 15 working days to review the appeal, decide whether to uphold or modify the city engineer's decision, and notify the property owner of such decision. 2. Upon the timely filing by the owner of an objection,the owner shall have the right to file examiner. 42. All appeals . -- . .- . - ' -- •:- •f the public works director's decision must be filed in writing with the public works director within 10 working days of the public work director's decision. • •. - - • - •• •- -- - - ppeals must specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the ^ public work director's decision, which shall constitute the basis of the complaint. 53. __ . _ _. _ . _ _. -. - • _ -., . _ _ . . _ _. •-_As seals will be heard by the city's hearing examiner pursuant to Chapter 2.46 ACC. Decisions of the hearing examiner will be based on whether the decision being appealed was consistent with applicable state law and city codes. 4. Upon receipt of a timely written appeal,the hearing examiner will review the materials submitted and prepare findings of fact. The hearing examiner decision will be final. (Ord. 6442 § 8, 2012; Ord. 6238 § 2, 2009.)