HomeMy WebLinkAbout45-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of: )
)
An Urgency Ordinance Amending the )
Contra Costa County Ordinance Code ) ORDINANCE NO. 45-84
as Adopted by the City by Reference )
Regarding Undergrounding of )
Utilities )
)
The City Council of the City of Danville DOES ORDAIN
as follows:
SECTION 1. Title 9, Subdivisions, Chapter 96-10,
Underground Utilities, of the Contra Costa County Ordinance
Code (previously adopted by the City by reference) is amended
by adding a new section 96-10.008 to read:
"96-10.008. Prohibition Against Converting
Underground Facilities to Overhead.
Utility distribution facilities installed underground
within a subdivision shall be continued and maintained
underground and may not be replaced with overhead
facilities. The planning commission may grant an
exception as provided in chapter 96-2 if topographical,
soil or other conditions make continued undergrounding
unreasonable or impractical."
SECTION 2. Effective Date.
This ordinance is an urgency ordinance adopted under
Government Code ~§36934 and 36937 and is for the immediate
preservation of the public health, safety and welfare. The
facts constituting the urgency are these: the City has a
policy to foster the installation of utility distribution
facilities underground rather than overhead wherever possible.
Chapter 96-10 of the Contra Costa County Ordinance Code (in
effect in the Danville area since 1978 and specifically
adopted by the City by reference upon its incorporation in
July, 1982) requires that all utility distribution facilities
in any residential or commercial subdivision be placed under-
ground. (~96-10.002) A utility company which operates in the
City is proposing to replace an existing underground utility
line with overhead service, a proposal which coflicts with
the City's policy of promoting underground installation.
Without the clarification provided by this ordinance, the City's
undergrounding policy could be undermined and frustrated.
This ordinance takes effect immediately.
SECTION 3. Publication.
The City Clerk shall either a) have this ordinance
published once within 15 days after adoption in a newspaper
of general circulation or b) have a summary of this ordinance
published twice in a newspaper of general circulation, once
five days before its adoption and again within 15 days after
adoption.
The foregoing ordinance was introduced, adopted and
ordered published at a meeting of the City Council of the
City of Danville held on February 21, 1985, by the
following vote:
AYES: Lane, May, McNeely, Offenhartz, Schlendorf
NOES: None .....
k
ABSENT: None J~ I'
.-' MA~OR ~-~ __
ATTEST
C-ITY C~ERK
-2-