ORDINANCE NO AN ORDINANCE OF THE CITY OF SAUSALITO AMENDING CERTAIN PROVISIONS OF CHAPTERS AND OF THE SAUSALITO

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF SAUSALITO AMENDING CERTAIN PROVISIONS OF CHAPTERS AND OF THE SAUSALITO MUNICIPAL CODE The City Council of the City of Sausalito does hereby ordain as follows: SECTION 1. Section of the Sausalito Municipal Public hearings by council to determine need for underground installations. The council may from time to time call public hearings to ascertain whether the public safety and community aesthetics require the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive. SECTION 2. Section of the Sausalito Municipal Underground utility districts declared by resolution. If, after any such public hearing the council finds that the public safety and community aesthetics require such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a Page 1 of 6

2 description of the area comprising such district and shall fix the time (or shall indicate that a time will be fixed in the future, once the underground utilities are able to receive hook ups, and with mailed notice at that time to all affected property owners) within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. SECTION 3; Section of the Sausalito Municipal Motice to property owners and utility companies. Within ten days after the effective date of a resolution adopted pursuant to Section , the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The city clerk shall further notify such affected property owners to prepare their properties to accept underground utility lines and that if any property owner, after due notice, refuses to comply within the time specified to effect such preparation in accordance with the applicable rules of the utility involved, the City may cause such work to be done and assess the costs thereof against the property and that such assessment shall become a lien against the property. The City is hereby given the powers described in the clerk's notice. The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are.collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, -2- Page 2 of 6

3 collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 18.40,030, together with a notice that a copy of the ordinance codified in this section is available at the City Hall for their inspection, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. SECTION 4 Section of the Sausalito Municipal Property owner responsibility. A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section and the-termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. B. In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section , the city engineer shall post written notice on the property being served and thirty days thereafter shall have the authority to order the work to be done and the costs thereof to be assessed against the property and a written notice of lien for the amount thereof, including all costs of construction, administration and processing and any attorneys1 or other fees and costs necessarily incurred, to be recorded in the office of the Marin County Recorder. From the time of recordation, the Page 3 of 6

4 notice of lien shall be a lien and notice of that lien to all persons. C. Notwithstanding the foregoing, the city may, at its own expense, construct or provide for the construction of the service connection referred to in subsection A of this section when it is determined by the city manager that the owner of the property affected is a recipient or would qualify as a recipient of aid under any of the provisions of Division 9, Part 3 of the California Welfare and Institutions Code. In such case, the city shall require that the owner of the property affected execute and cause to be recorded in the office of the Marin County recorder an agreement giving to the city a lien upon the property in such form as will secure repayment of such expense to the city at such time as the property may be sold or upon the death of the owner (whichever event shall first occur). SECTION 5. Section of the Sausalito Municipal Findings and determination. The city council finds and determines that the public safety and community aesthetics require that facilities and wires for the extension of existing facilities for the supply and distribution of electrical energy and service, including communication service, shall be placed underground in order to promote and preserve the health, safety and general welfare of the public and to assure the orderly development of the city. SECTION 6. If any clause, phrase, sentence, paragraph or section of this ordinance is found by a court of competent jurisdiction to be unconstitutional, each and every other clause, phrase, sentence, paragraph and section shall not be affected by such decision and the remainder of this ordinance shall continue in effect. -A- Page 4 of 6

5 SECTION 7 This ordinance shall go into effect thirty (30) days after its adoption. Within fifteen (15) days after its adoption, this ordinance shall be published in the Marin Scope, a newspaper of general circulation published in the City of Sausalito. PASSED AND ADOPTED at a meeting of the City Council of the City of Sausalito held on the 21.qt. day of April, 1992,by the following vote: AYES: Councilmembers: Mitchell, Rose, Suckle, Sweeny, Mayor Buddie NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Page 5 of 6

6 Affidavit of Publication ago 1677 P/LfT In the matter of Affidavit of Publication of Ordinance No.1077 An Ordinance of the City of Sausalito Amending certain Provisions of Chapters an.d of the Sausalito Municipal co.de' BILL1E L.ANDERSON under penalty of perjury: _stat( Thai (s)he and at all times hereinafter mentioned was citizen of the United States of America, and over the age twenty-one years, and was a resident of the County : Marin, State of California; that (s)he is, and during all t time mentioned has been and now is PRINCIPAL CLERK of Marin Scope a newspaper of general circulation by Decree of tl Superior Court of the County of Marin and entered action No " and action No in said coul Marin Scope is and has been printed and published week' in said County of Marin, State of California and has bonafide subscription list of paying subscribers. Furth said newspaper has been established and published regular intervals for more than one year preceding the da; of the first publication of the annexed Qr ^ 1077 I Public hearings by council I To determine need for undergrc!. installations.utility dist,vs";r a printed copy of which is annexed to this declaratioi marked "Exhibit A" and made a part thereof. Sal "Exhibit A" was -printed and published under the. structions of the party or panics having authority to itij the same in said Marin Scope on the following date(s«publication to-wit: In the issue(s) of April 28, 1992! certify (or declare) under penalty of perjury that t1( foregoing is true and correct. Executed^a^Sausaiito, California, this date of v V Vv...K^ ( \ ^ BILLIE L. ANDERSON, Principal Clerk _19 Ordinance:N,o.*107 An Ordihanc&bfthei'Clty of Sausalito amending certain provisions of Chapters 18,04 and of the Sausalito Municipal Code The City Council of the City of Sausalito does hereby ordain as follows: Section 1, Section of the Sausalito Municipal Code Is hereby amended to read as follows: Public hearings by council to determine need for underground Installstionst The Council may from time to time call public hear ings to ascertain whether the public safety and community aesthetics require the removal of poles, overhead wires and associated over head structures within designated areas of the city and the underground Instal lation of wires and facilities for supplying electric, com munication, or similar or associated service. The city clerk shall notify alf affected property owners as shown on the last equalized assess ment roil and utilities con cerned by mall of the time and place of such hearings at last ten days prior to the date thereof. Each such hearing shall be open prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.. Section 2. Section of the Sausalito Municipal Code Is hereby amended to read as follows: Underground utility districts declared by resolution. If, after any such public hearing the council finds that the public safety and community aesthetics require such removal and tlon of such underground '6Q"lgi*he!r8nffl facilities as may be occa^ notice ontt7e,pr6 sioned thereby. served and thl Section 3. Section thereafter shall of the Sausalito authority to order! Municipal Code is hereby be done and the c< amended to read as follows: of to be assesse Notice to proper-. the property and ty owners and utility pariles. Within ten days after the effective date of a resolu tion adopted pursuant to Section , the city clerk shall notify all affected utilities and all persons own ing real property within the district created by the resolu tion of the adoption thereof. The city clerk shall further notifiy such affected proper ty owners to prepare their properties to accept under ground utility lines and that if any property owner, after due notice, refuses to comp ly within the time specified to effect such preparation in accordance with the applica ble rules of the utility Involv ed, the City may cause such work to be done and assess the costs thereof against the property. The City Is hereby given the powers described In the clerk's notice. The assessment may be col lected at the same time and in the same manner as or dinary municipal ad valorem taxes are collected, and shall be subject to the same pen alties and the same pro cedure and safe In case of delinquency as provided for such taxes. All laws appli cable to the levy, collection and enforcement on muni cipal ad valorem taxes shall be applicable 1o such assessment. 4 Notification by the city clerk shall be made by mail* Ing a copy of the resolution adopted pursuant to Section , together with a notice that a copy of the or dinance codified in this sec tion is available at the City Hall for their Inspection, to affected property owners as such as shown on the last equalized assessment roll 'riotlce of Men for tl thereof, including e construction, admi and processing ar torneys' or other costs necessarily to be recorded in t of the Marin Count1, er. From the time oi tlon, the notice of I be a lien and not!c> Hen to all persons. c. Notwlthstan foregoing, the city m own expense, cons provide for the cons of the service con. referred to in subseci this section when iti mined by the city rr that the owner of the ty affected Is a recip would qualify as a re of aid under any of ttv slons of Division 9, P. the California Welfare stitutions Code. In case, the city shall t that the owner of the f ty affected execut* cause to be recorded office of the Marin C recorder an agreemei ing to the city alien up property In such form secure repayment o' expense to the city a time as the property i sold or upon the deatl owner (whichever eve first occur). Section 5. Se of the S* Municipal Code Is amended to read as Flndlr determination. The c cil finds and determ the public safety s munlty aesthetics that facilities and the extension of facilities for the si distribution of e Page 6 of 6