HomeMy WebLinkAboutOrd 1321 - Underground Utility Installation (Repealed by Ord 1995) 4 wig
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Washington
Cover page to Ordinance 1321
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHING-
TON, AMENDING TUKWILA MUNICIPAL CODE CHANTER
11.08 RELATING TO UNDERGROUND UTILITY INSTAL-
LATION.
Ordinance 1321 was amended or repealed by the
following ordinances.
AMENDED BY: REPEALED BY:
1607 1995
1796
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CITY rn
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WASHINGTON
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05/03/84 ORDINANCE NO. L.9.21
AN ORDINANCE OF THE CITY OF TUKWILA, WASHING-
TON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER
13.08 RELATING TO UNDERGROUND UTILITY INSTAL-
LATION.
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
At P L/C
Section 1. Section 13.08.010 of the Tukwila Municipal
Code is hereby amended to read as follows:
13.08.010 Policy. It shall be the policy of the
City to require compliance with the following or-
derly program pertaining to the underground reloca-
tion of all existing overhead wires carrying any
electrical energy including, but not limited to,
telephone, telegraph, cable television, and elec-
trical power, and to require the underground in-
stallation of all new electrical and communication
facilities, with certain exceptions noted herein-
after. The health, safety, and general welfare of
the residents of the community require that all
such existing overhead facilities be relocated
underground as soon as practicable in accordance
with the requirements included in this chapter, and
that all new facilities specified in this chapter
be installed underground, in that among other
things, said undergrounding removes potential haz-
ards from the right -of -way, thus benefitting the
safety of the motoring public, passengers and ped-
estrians and further promotes the general welfare
in achieving a more aesthetically pleasing commun-
ity and improving property values.
.1 (D) 6 ,1 ,(c 4i6 (q.z3)
Section 2. Section 13.08.040(6) is hereby repealed.
Section 3. Section 13.08.050 is hereby amended to
read as follows:
13.08.050 Cost. The cost and expense of relo-
cating the existing facility, or installing new
facilities, underground, shall be borne by the
serving utilities, except that service line removal
and installation, disconnection from existing over-
head facilities and connection of the underground
ing facilities from the edge of the right -of -way to
the abutting users shall be borne by the abutting
users, provided that nothing in this section shall
preclude a contractual agreement governing who is
to bear the cost of undergrounding as agreed upon
between the utility and affected parties.
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Section 4. A new section 13.08.085 is hereby added to
the Tukwila Municipal Code to read as follows:
13.08.085 City Specifications. In the event the
City desires to install any utilities in any City
street or way, or make any street improvement, or
change the grade of any street or alley, it shall
be City specifications that overhead utilities
shall be removed from the path of such construc-
tion, improvement, or repair until the same is
completed and replacement facilities shall be
undergrounded.
Section 5. Section 13.08.100 is hereby amended to
read as follows:
13.08.100 Variance Procedure.
(a) All applications for variances from the fore-
going underground requirements shall first be filed
with the Tukila board of adjustment through the plan-
ning department.
(b) A variance shall not be granted by the
board of adjustment unless the board finds that all
of the criteria set forth in Section 18.72.020(1)
(6) of the Tukwila Municipal Code have been satis-
fied. In addition the board must find that the
utility owner or user or any other affected party
can demonstrate that it would work an undue hard-
ship to place the facilities concerned underground.
"Undue hardship" means a technological difficulty
associated with the particular facility, or with
the particular real property involved, or unusually
high cost of undergrounding such facility, which
outweighs the benefit to the public derived from
the underground installation.
(c) Chapter 18.72 of the Tukwila Municipal
Code shall be followed as it relates to fees, hear-
ings, notices, decisions, appeals and other proce-
dural matters.
Section 6. This ordinance shall be in full force and
effect five (5) days after passage and publication as pro-
vided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this 02/day of
1984.
APPROVED:
diP
ML GAR Y L. VAN DUSEN
ATTEST /AUTHENTICATED:
DEPSTY CITY CLERK, NOP?r1A BONER
-2-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: -11 -84
PASSED BY THE CITY COUNCIL -21 -84
PUBLISHED RECORD CHRONICL: 5 -25 -84
EFFECTIVE DATE:
ORDINANCE NO. /3Z/
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