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HomeMy WebLinkAboutOrdinances (O-87-657)-10/05/1987 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . . I ~,~7 ~ - T: rIJ P.' /II . 6' } ,0' ~ J 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. 1 , () -8 7- ~S7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D ~ ~ 7 - iRS7 1 2 3 4 5 6 7 8 9 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. ~lk ~/ LaVada Johnson a City Secretary CITY OF COLLEYVILLE ~~:p Mayor 26 3 0- &> 7 - ~ 0-7 1 2 APPROVED AS TO FORM & LEGALITY: 3 '~JT-~-' Ross T. Foster city Attorney 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 26