HomeMy WebLinkAboutOrdinances (O-87-657)-10/05/1987
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AN ORDINANCE MODIFYING A CHAPTER 9 SECTION 6 SUB-PART H(l) I
OF THE COLLEYVILLE CODE BY REQUIRING THAT CERTAIN UTILITY LINES .
AND WIRES BE PLACED UNDERGROUND AND RECEIVE THE APPROVAL OF
CERTAIN UTILITY COMPANIES, AUTHORIZING THE GRANTING OF
EXCEPTIONS AND VARIANCES IN CERTAIN CASES, REQUIRING THE
PAYMENT OF CERTAIN CHARGES TO SUCH UTILITY COMPANIES, PROVIDING
FOR EXCEPTIONS TO THE REQUIREMENTS OF UNDERGROUND CONSTRUCTION
OF CERTAIN UTILITY LINES AND WIRES AND FACILITIES, PROVIDING
FOR A PENALTY AND AUTHORIZING PUBLICATION.
ORDINANCE NO. 0-87-657/
WHEREAS, the City Council of the City of Colleyville finds
that the installation of utilities underground
significantly promotes the health, safety and welfare
of the citizens of the City of Colleyville and
others; and
WHEREAS, the City Council deems that it is in the best
interest of the City of Colleyville to require the
installation of utilities underground; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
Sec. 1: That Chapter 9 section 6 Sub-Part H(l) be amended to
read as follows:
(1) Desiqn standards and requlations.
utilities required to be installed, or provided for,
shall be designed and constructed in accordance with
the following requirements. In the event the
following requirements do not deal with or pertain to
the method and manner of the utility being installed,
then said installation shall be designed and
constructed in accordance with the designs, standards
and specifications of the appropriate utility
franchised to serve the area in which the sub-
division is located.
(a) All electric utility lines and wires that will be
operated at nominal voltages of less than 60,000
volts, all telephone utility lines and wires, all
cable television utility lines and wires proposed to
be constructed after the effective date of this
ordinance shall be placed and constructed
underground.
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(b) All construction plans required by the city which
layout, described, or otherwise pertain to the
construction of utilities which are underground shall
be submitted to each utilities depicted in the plan,
and the approval of each utility company shall be a
condition precedent to the approval of those
construction plans and the issuance of a building
permit within the subject subdivision.
(c) The City Council may in special or unique
circumstances, or in order to avoid undue hardship,
authorize variances and exceptions to the underground
requirements specified in part (a) of this sub-
section and may permit the construction of overhead
utility lines and wires and may approve any sub-
division or site plan, or construction plan with such
variances and exceptions as allowed by the City
Council.
Provided, however, no variance or exception shall be
allowed when the construction is for the purpose of
serving 5 or more residential lots. Construction for
the purpose of serving a single previously platted
residential lot shall not be required to be
underground as specified in part (a) of this sub-
section.
(d) Nothing in this ordinance shall in any way
prohibit or restrict any utility company from
charging the owner, developer or builder of, or
within, any such sub-division for the difference
between the cost of constructing overhead lines and
wires and underground lines and wires, or from
charging the owner or developer or builder of, or
within, any such sub-division for extensions of its
lines and wires in accordance with the methodologies
set forth in the respective utility company's
approved tariff, and it shall be the responsibility
of such owner, developer, or builder to pay all such
charges to such utility companies. No utility
company shall be required to begin constructipn
unless or until the owner, developer, or builder of,
or within, any such sub-division has made
arrangements satisfactory to the utility company for
the payment of all charges specified herein.
(e) Nothing herein shall in any way prohibit or
restrict any utility company from providing temporary
utility service for construction purposes by overhead
lines and wires, from constructing overhead lines and
wires that are operated at nominal voltages at 60,000
volts or higher voltages, or from constructing
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Sec. 2:
Sec. 3:
overhead lines and wires within public or private
rights of way to such new sub-divisions or adjacent
or contiguous to the boundaries of any such sub-
division, or to new customers not in a new
subdivision. All electrical, telephone and cable
television and support equipment used in providing
utility service through lines and wires constructed
underground, including and without limitation,
transformers, amplifiers, and switching devices,
shall be pad mounted or placed underground at the
option of the utility company. Where underground
construction of electric utility lines and wires is
required, such requirements should also apply to
lines and wires used to provide street lighting but
nothing herein shall prohibit or restrict the
construction of street lighting poles or standards
above ground. Nothing herein shall in any way
prohibit or restrict the upgrading, reconstructing or
re-conductoring of any overhead utility lines and
wires existing on the effective date hereof or shall
require the placing of any such existing lines and
wires underground.
Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty
of a misdemeanor, and upon conviction, shall be
subject to a fine not to exceed $500.00 for each
offense, each day such violation continues shall
constitute a separate offense
The City secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause hereof as an alternative method of
publication provided by law.
AND IT IS SO ORDAINED.
The firs~ reading and P~UiC ~ar~g being conducted on the
.,51-1( day of A1LJIJ1-lrJ... , 1987.
The second reading and p~u I c hear,'ng being conducted on the
cJ..../~ day of _ , 1987.
The thirs reading and pu~~~~a~ing being conducted on the
~ry day of ~~ , 1987.
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LaVada Johnson a
City Secretary
CITY OF COLLEYVILLE
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Mayor
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APPROVED AS TO FORM & LEGALITY:
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Ross T. Foster
city Attorney
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