CITY OF HOMER

HOMER, ALASKA

Heimbuch/City Attorney

ORDINANCE 06-50(S)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE SECTION 22.10.055, UNDERGROUND UTILITIES, AND ADDING A NEW CHAPTER 14.50, UTILITY DISTRIBUTION FACILITIES; RELATING TO PLACEMENT OF UTILITY DISTRIBUTION LINES.

[NOW, THEREFORE,] THE CITY OF HOMER HEREBY ORDAINS:

Section 1. That the Homer City Code section 22.10.055, Underground Utilities, is hereby amended to read as follows:

22.10.055 Underground utilities. a. All wire or cable facilities, including, but not limited to, electric power, telephone and [CATV ] telecommunications cables, providing permanent service in newly developed residential subdivisions shall be located underground throughout the subdivision at the expense of the subdivision developer. The subdivision developer is responsible for complying with the requirements of this section and shall make necessary arrangements, including financial arrangements, with the serving utility company or companies for the installation of such facilities. The subdivision developer shall provide appropriate easements or dedicated rights-of-way so as to provide access for all utilities and so as to cause minimum conflict between utilities. Developers of new commercial and industrial properties are encouraged to provide for the location of all utilities underground.

b. All existing overhead utility wire or cable facilities, including, but not limited to, electric power, telephone, and [CATV ] telecommunications cables which shall, after the effective date of the ordinance codified in this sectionApril 14, 1987, be relocated and/or which receive major modifications, shall be placed underground unless the utility obtains an exception pursuant to the provisions of subparagraphs [d. and e.] e. and f. of this section. Major modifications shall not include reconductoring, reinsulating or in-kind replacement. The provisions of this subparagraph shall apply equally to the abandonment of pole lines except that if one utility abandons a pole line another existing utility which shares that pole line may buy the pole line and continue to use the pole line for the acquiring utility's cable facilities. [No overhead utility line or poles may be installed to connect a parcel of land with existing utility services. This section does not preclude the Council from finding or considering a public interest issue requiring an allowance for temporary installation of overhead power for a period not to exceed 2 years. ]

c. After [insert effective date], 2006, all extensions of utility wire or cable facilities including, but not limited to, electric power, telephone, and telecommunications cables for the purpose of providing such utility service to any land not served before that date by overhead cable facilities shall be installed only as provided by HCC Chapter 14.50.

[c. ] d. Appurtenances such as transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessary to underground utilities may be placed above ground.

[d.] e. Exceptions to the requirement of this section that utility cable facilities be placed underground may be[obtained ] approved by City Manager or designee for good cause shown including, but not limited to, the following:

1. Plats which receive preliminary approval prior to adoption of the ordinance from which this section derives;

2. Facilities which must cross abnormally wet, swampy areas;

3. Facilities which must cross areas that are subject to abnormal frost heaving;

4. Facilities which must be placed in areas subject to abnormal drainage;

5. Facilities which must be placed in areas where the utility is unable to obtain necessary rights-of way.

6. Facilities providing temporary service not to exceed one year when frozen ground or other conditions make burial of such facilities an undue hardship on the utility;

7. Facilities which have to cross unplatted, or unrecorded, or undeveloped tracts of land;

8. Electric power lines having a line to line voltage greater than 35KV;

9. Electric power lines carrying more than one thousand KVA of electrical energy;

10. Future users of existing pole lines when the host utility is overhead; provided, however, the future user must agree to vacate the pole line when the host utility vacates the pole line.

[e.] f.Exceptions, other than those listed in subsection [d ] e.of this section, to the requirements of this section may be granted by the City Council, after review and recommendation by the Planning Commission, upon making a finding that conditions exist which make underground placement of utilities unreasonable or impractical. (Ord. 87-8 (S) (part), 1987)

Section 2. A new Chapter 14.50 entitled, "Utility Distribution Facilities" is hereby enacted to read as follows:

14.50.010 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a. "Cable" includes cables and wires of all descriptions.

b. "Public utility" includes every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant or system for (a) furnishing, by generation, transmission, or distribution, electrical service to the public for compensation; (b) furnishing telecommunication service to the public for compensation.

c. "Public utility" includes all public utilities, whether or not subject to regulation by the Regulatory Commission of Alaska..

d. "Telecommunications" means the transmission and reception of messages, images, impressions, pictures, data, and signals by means of electricity, electromagnetic waves, and any other kind of energy, force variations, or impulses, whether conveyed by cable, wire, radiated through space, or transmitted through other media within a specified area or between designated points.

14.50.020 Underground Installation of Cable Extensions. After [insert effective date], 2006, all public utility cable facilities, including, but not limited to, electric power, telephone, and telecommunications cables constructed or installed for the purpose of providing utility service to any land not served before that date by overhead cable facilities shall be installed underground, and no cables or supporting poles shall be constructed or installed above ground for such purpose, unless the utility obtains an approved exception pursuant to subparagraph e. or f. of HCC за22.10.055.

14.50.030 Enforcement of this chapter. (a) Violations of this chapter are subject to all of the penalties and remedies for violations of the code set forth in HCC Chapter 1.16.

(b) In addition to penalties and remedies set forth in subsection (a), no permit may be issued to install a utility line on city property or in a city-owned or controlled easement or right of way in violation of this chapter.

[Section 2.] Section 3. This ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA this ______ day of _________________, 2006.

CITY OF HOMER

__________________________

ATTEST: JAMES C. HORNADAY, MAYOR

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Page Four

Ordinance 06-50(S)

City of Homer

Introduction:

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

__________________________ ___________________________

Walt E. Wrede City Manager Gordon Tans, City Attorney

Date Date

Fiscal Note: NA.