HomeMy WebLinkAboutReg 2023-04-17 Item 5C - Ordinance - Reenact TMC Chapter 11.28 "Undergrounding of Utilities" to Update Definitions and Adopt New RegulationsCOUNCIL AGENDA SYNOPSIS
Inittalr
Meeting Date
Prepared by
Mayor's review
Council review
04/10/23
JR
Amendment Request
04/10/23
04/17/23
JR
❑ Bid Award
Mtg Date
Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY Discussion
11 Ordinance
Mtg Date
Mtg Date 04/17/23
SPONSOR ❑Council ❑Mayor HR DCD ❑Finance Fire TS P&R ❑Police
11P1' ❑Court
ITEM INFORMATION
ITEM No.
5.C.
221
STAFF SPONSOR: JOSH HARTLEY
ORIGINAL AGENDA DATE: 04/17/23
AGENDA ITEM TITLE
Tukwila Municipal Code (TMC)
11.04 & 11.28
Amendment Request
04/10/23
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY Discussion
11 Ordinance
Mtg Date
Mtg Date 04/17/23
SPONSOR ❑Council ❑Mayor HR DCD ❑Finance Fire TS P&R ❑Police
11P1' ❑Court
SPONSOR'S To maximize opportunities for undergrounding telecommunication utilities, so
SUMMARY neighborhoods and street corridors are more aesthetically pleasing, a revision to the TMC
code will be required. TMC 11.28 — Utility Undergrounding has not been revised since 2002
and is outdated. These updates to TMC 11.04 & 11.28 will provide clarification and outline
when a company may request for an exemption to the ordinance. Council is being asked to
approve an ordinance that revises TMC codes 11.04 and 11.28.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. Planning/Economic Dcv.
❑ Arts Comm. ❑ Parks Comm. n Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 04/03/23
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to the Committee of the Whole and Regular Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
04/10/23
Forward to next Regular Meeting
04/17/23
MTG. DATE
ATTACHMENTS
04/10/23
Informational Memorandum dated 03/31/23
TMC 11.04 & 11.28 Revised Code Ordinance
TMC 11.04 & 11.28 Revised Code Amendment PowerPoint Presentation
Minutes from T&I Committee meeting of 04/03/23 (distributed separately)
04/17/23
Final Ordinance
221
222
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995
§1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE
(TMC) SECTION 11.04.040, "DEFINITIONS"; REPEALING
ORDINANCE NO. 1995 §1 (PART), AS CODIFIED IN TMC
CHAPTER 11.28; REENACTING TMC CHAPTER 11.28,
"UNDERGROUNDING OF UTILITIES," TO UPDATE
DEFINITIONS AND ADOPT NEW REGULATIONS RELATED
TO UNDERGROUNDING OF UTILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City is engaged in an ongoing effort to streamline code processes
and improve permitting procedures; and
WHEREAS, the City desires to provide clarification on regulations related to
undergrounding utilities; and
WHEREAS, the proposed revisions to Tukwila Municipal Code (TMC) Chapter 11.28
will align the TMC with current engineering industry standards and practices; and
WHEREAS, the City Council finds that the adoption of this ordinance for updating
regulations related to undergrounding of utilities prevents harm to the health or safety of
the public, and promotes the public health, safety and general welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoptions of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.04.040,
"Definitions," is hereby amended to read as follows:
11.04.040 Definitions
As used in this title, unless the context or subject matter clearly requires otherwise,
the words or phrases defined in this chapter shall have the indicated meanings.
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1. "Abutting Property" means all property having a frontage upon the sides or
margins of any public right-of-way.
2. "Affiliate" means a person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with, another person.
3. "Applicant" shall mean any owner or developer, or duly authorized agent of
such owner or developer, who has submitted an application for a permit under this title.
4. "Assessment Reimbursement Area" means all real properties that will benefit
from the street and/or utility system improvements.
5. "Banner" means a sign consisting of fabric and containing a public service
message or event announcement which is hung above or across a public right-of-way.
6. "Business Registration" means a requirement of all telecommunications and
cable providers who are not otherwise required to license or franchise with the City.
7. "Cable Act" means the Federal Cable Communications Policy Act of 1984, as
amended by the Federal Cable Television Consumer Protection and Competition Act of
1992, as amended by portions of the Federal Telecommunications Act of 1996, and
hereafter amended.
8. "Cable Facilities"— see "Facilities."
9. "Cable Operator" shall have the same meaning as defined in the Cable Acts.
10. "Cable Service" shall have the same meaning as defined in the Cable Acts.
11. "Campus" means a development site under a single public or private
ownership, upon which a structure or structures exist. By way of illustration and not
limitation, a campus includes a public or private school, a multifamily development, a
retirement housing facility, a nursing home facility, a continuing care retirement
community, a boarding home, a hospital, a recreational facility, a business park, and a
shopping center.
12. "City" means the City of Tukwila, Washington, in King County, and all the
territory within the corporate boundaries of Tukwila, as these may change from time to
time.
13. "City Council" means the City of Tukwila Council acting in its official capacity.
14. "Curb" means a cement, concrete or asphaltic concrete raised structure
designed to delineate the edge of the street and to separate the vehicular area of the
public right-of-way from the area provided for pedestrians.
15. "Department" means the City of Tukwila Public Works Department.
16. "Deposit" shall mean any bond, cash deposit, or other security provided by
the applicant in accordance with TMC Section 11.08.110.
17. "Developer" means the owner and/or building permit applicant who is
required — by any ordinance of the City, as the result of the review under State
Environmental Policy Act, or in connection with any decision of the City Council — to
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construct street system and/or utility system improvements which abut the development
site.
18. "Development" means a private improvement to real property requiring
electrical and/or communication services including, but not limited to, such services being
distributed to subdivisions, short plats, planned unit developments, or single-family or
commercial building sites.
19. "Development Site" means the lot or lots upon which real property
improvements are proposed to be constructed.
20. "Director" means the Director of the Public Works Department or designee.
21. "Electrical or Communication Systems" means facilities carrying electrical
energy, including but not limited to, electric power, telephone, telegraph,
telecommunication, fiber optics, and cable television services.
22. "Emergency" shall mean any unforeseen circumstances or occurrence, the
existence of which constitutes an immediate danger to persons or property, or which
causes interruption of utility or public services.
23. "Excavation" shall mean any work in the surface or subsurface of the public
right-of-way, including, but not limited to, opening the public right-of-way for installing,
servicing, repairing, or modifying any facility or facilities in or under the surface or
subsurface of the public right-of-way.
24. "Excess Capacity" means the volume or capacity in any existing or future
duct, conduit, manhole, handhold or other utility facility within the right-of-way that is or will
be available for use for additional telecommunications or cable facilities.
25. "Facilities" or "Facility" means the plant, equipment, and/or property,
including, but not limited to, overhead and underground water, gas, electric, and
telecommunication facilities and appurtenance such as cables, wires, conduits,
transformers, substation, pad -mounted J -boxes, switch cabinets, ducts, pedestals,
antennas, electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels.
26. "FCC" or "Federal Communications Commission" means the Federal
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services and cable operators on a national level.
27. "Franchise" is an agreement required with a right-of-way user who desires to
construct, install, operate, maintain or otherwise locate facilities in rights-of-way.
28. "Frontage" means that portion of the development site abutting public right-of-
way; provided, however, in the case of development sites which are not substantially
rectangular, such as "pipe -stem" lots, the frontage shall be equal to the greatest linear
distance of the lot which is parallel to the public right-of-way. In the case of corner lots,
"frontage" means any portion of the development site abutting any public right-of-way.
29. "Fronting" means abutting a public right-of-way or public rights-of-way.
30. "Grantee" means the holder of a franchise or a right-of-way permit.
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31. "Hazardous Waste" includes any and all such materials as defined by RCW
70A.384.005 (radioactive wastes) and RCW 70A.300.010(5), (6) and (15) (other
hazardous wastes), now or as hereafter amended.
32. `Installer" means the person or organizations who actually and physically
hangs the banner over the public right-of-way and who has the required skill and
equipment to properly and safely hang the banner. The Director will maintain a list of
approved installers having the required skill and equipment to properly and safely hang
banners.
33. "Maintain or Maintenance" means mowing, trimming, pruning (but not
including topping or tree removal), edging, root control, cultivation, reseeding, fertilization,
spraying, control of pests, insects and rodents by nontoxic methods whenever possible,
watering, weed removal, and other actions necessary to assure normal plant growth.
34. "New Electrical or Communication Service" means installation of service lines
to a building where none existed before, and shall not include overlashing, restorations
and repairs.
35. "Nonconforming Paved Street Surface" means asphaltic concrete or cement
concrete street surface that does not conform to the current "City of Tukwila Infrastructure
Design and Construction Standards," but that the Director finds to be adequate for
projected vehicular traffic.
36. "Occupant" means a person who is occupying, controlling or possessing real
property, or his or her agent or representative.
37. "Open Video System" means those systems defined and regulated as Open
Video Systems by the FCC, pursuant to Section 653 of the Federal Communications Act
of 1934, as amended, 47 U.S.C. 573.
38. "Overhead Facilities" means facilities located above the surface of the
ground, including the underground supports and foundations for such facilities.
39. "Owner" shall mean any developer or person, including the City, who owns
any facility or facilities that are, or are proposed to be, installed or maintained in the public
right-of-way.
40. "Paved Street Surface" means street surface that is either standard street
surface or nonconforming paved street surface.
41. "Permit" means a document issued by the City granting permission to engage
in an activity that involves the use of the public right-of-way.
42. `Permittee" shall mean the applicant to whom a permit to use the public right-
of-way has been granted and thereby has agreed to fulfill the requirements of TMC Title
11.
43. "Person" means, and includes: corporations, companies, associations, joint
stock companies or associations, firms, partnerships, limited liability companies and
individuals, and includes their lessors, trustees and receivers, but excludes the City.
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44. "Personal Wireless Services" means commercial mobile services, unlicensed
wireless services and common carrier wireless exchange access services as defined by
Federal laws and regulations.
45. "Private Use" means use of the public right-of-way — other than as a
thoroughfare for ordinary transit of vehicles, pedestrians, or equestrians — for the benefit of
a particular person or entity.
46. "Procedure" means a procedure adopted by the Director to implement this
title, or to carry out other responsibilities as may be required by this title or by other codes,
ordinances, or resolutions of the City or other agencies as they may apply.
47. "Real Property Improvements" means:
a. Construction of a structure on an unimproved lot;
b. Additions, alterations, or repairs to an existing structure other than one
single-family residence, where square footage is added to the structure, or the
construction of accessory buildings; or
c. Construction of an additional structure or structures on a campus.
48. "Recently Improved Street" shall mean any street that has been
reconstructed or resurfaced by the Department or any other owner or person in the
preceding three-year period.
49. "Reimbursement Agreement" means contracts authorized by RCW Chapter
35.91, as presently constituted or as may be subsequently amended, for utility system
improvements, and may be referred to from time to time in this title as "Latecomer
Agreements."
50. "Replacement Vegetation" means vegetation of equal species, size, quality
and number to that which has been removed.
51. "Restoration" means all work including, but not limited to, backfilling,
compacting, replacing street pavement, replacing sidewalks, or other public right-of-way to
like -new condition in the manner prescribed by the Department's Infrastructure Design and
Construction Manual. (See TMC Section 11.08.270 for more details.)
52. "Right -of -Way" means all public streets, alleys and property granted, reserved
for, or dedicated to public use for streets and alleys, together with all public property
granted, reserved for, or dedicated to, public use including, but not limited to, walkways,
sidewalks, trails, shoulders, drainage facilities, bike ways and horse trails, whether
improved or unimproved, including the air rights, subsurface rights, and easements related
thereto, but does not include:
1. State highways;
2. Land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
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4. Federally granted trust lands or Forest Board trust lands;
5. Lands owned or managed by the Washington State Parks and
Recreation Commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. 912
and related provisions of federal law that are not open for motor vehicle use.
53. "Right -of -Way User" means any person with any facility in the right-of-way,
including but not limited to, persons who have been granted City approval via franchise or
other agreement to be in the right-of-way.
54. "Service Connection" means a connection made to a telecommunications
facility and/or cable facility for the purpose of providing telecommunications or cable
services.
55. "Service Connections" are facilities extending from a distribution system and
terminating on private property and/or for the specific purpose of servicing one (1)
customer.
56. "Sidewalk" means that property between the curb and the abutting property,
set aside and intended for the primary use of pedestrians, but may include mixed uses
such as pedestrians and bicyclists, improved by paving with cement concrete or asphaltic
concrete, including all driveways.
57. "Standard Street Surface" means street surface that is paved in accordance
with the "City of Tukwila Infrastructure Design and Construction Standards."
58. "State" means the State of Washington.
59. "Stop Work Notice" means a notice authorized by the Director or his/her
designee, posted at the site of an activity that requires all work to be stopped until the City
approves continuation of work.
60. "Street" means any street, road, boulevard, alley, lane, way or place, or any
portion thereof within the City limits.
61. "Street System Improvements" include half street section of street pavement
(including appropriate sub paving preparation), surface water drainage facilities, sidewalks
where required, curbs, gutters, utility undergrounding, street lighting, right-of-way
landscaping (including street trees where required), and other similar improvements.
62. "Street System Improvements" means such improvements as are defined in
TMC Section 11.12.030.
63. "Street Trees" means any trees located on any street or public right-of-way.
64. "Surface Water Drainage Facilities" means ditches, piped and covered
surface water drainage, including catch basins, and such detention, retention, and
biofiltration as the Director shall require in accordance with sound engineering principles
and the adopted ordinances and policies of the City.
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65. "Surplus Space" means that portion of the usable space on a utility pole
which has the necessary clearance from other pole users, as required by the orders and
regulations of the Washington Utilities and Transportation Commission, to allow its use by
a telecommunications carrier for a pole attachment.
66. "Telecommunications Carrier" for the purposes of this chapter includes every
person that directly or indirectly owns, controls, operates or manages plant, equipment,
structures, or property within the City, used or to be used for the purpose of offering
telecommunication service. Provided, however, this does not include lessees that solely
lease bandwidth (and do not own telecommunication facilities within the City of Tukwila).
67. "Telecommunication Facilities"— see "Facilities."
68. "Telecommunication Service" means the providing or offering for rent, sale or
lease, or in exchange for other value received, the transmittal of voice, data, image,
graphic or video programming information or service(s) between or among points by wire,
cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without
benefit of any closed transmission medium.
69. "TMC" means the Tukwila Municipal Code adopted by the City Council.
70. "Topping" means the severe cutting of the top of a street tree resulting in
stubs beyond the branch collar in the crown or severe cutting which removes a substantial
portion of the normal canopy, disfigures the street tree, and reduces the height.
71. "Underground Facilities" means facilities located under the surface of the
ground, alone or in combination, direct buried or in utility tunnels or conduits, excluding the
underground foundations or supports for overhead facilities.
72. "Unpaved Street Surface" means street surface that is neither standard nor
nonconforming paved street surface.
73. "Unsafe Condition" means any condition that the Director reasonably
determines is a hazard to health, endangers the safe use of the right-of-way by the public,
or does or may impair or impede the operation or functioning of any portion of the right-of-
way, or may cause damage thereto.
74. "Utility System Improvements" means water and/or sewer facilities as
specified in RCW 35.91.020 as it now reads, or as hereafter amended.
75. "Vegetation" means all trees, plants, shrubs, groundcover, grass, and other
vegetation.
76. "Wire" means a guided transmission medium, consisting of either one strand
or a group of stands insulated together, which are used to power and/or send multiple
transmission signals.
77. "Washington Utilities and Transportation Commission" or "WUTC" means the
State administrative agency, or lawful successor, authorized under Title 80 of the Revised
Code of Washington to regulate and oversee telecommunications carriers, services and
telecommunications providers in the State of Washington to the extent prescribed by law.
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Section 3. Repealer. Ordinance No. 1995 §1 (part), as codified at TMC Chapter
11.28, "Undergrounding of Utilities," is hereby repealed.
Section 4. TMC Chapter 11.28 Reenacted. TMC Chapter 11.28 is hereby
reenacted to read as follows:
CHAPTER 11.28
UNDERGROUNDING OF UTILITIES
Sections:
11.28.010 Policy
11.28.020 Purpose
11.28.030 Undergrounding — Scope
11.28.040 Facilities Exempted
11.28.050 Undergrounding Requirements
11.28.060 Deviations
11.28.070 Overlashing
11.28.080 Upgraded Service
11.28.090 Connections and Disconnections of Affected Service
11.28.100 Service Connection Requirements
Section 5. TMC Section 11.28.010 is hereby reenacted to read as follows:
11.28.010 Policy
It is the policy of the City to require the underground installation of all new electrical
and communication facilities, with certain exceptions noted in this chapter. The City
Council finds that the convenience, health, safety, and general welfare of the residents of
the community require that all new facilities specified in this chapter be installed
underground.
Section 6. TMC Section 11.28.020 is hereby reenacted to read as follows:
11.28.020 Purpose
The purpose of this chapter is to establish minimum requirements and procedures for
the underground installation of electric and communication facilities within the City.
Section 7. TMC Section 11.28.030 is hereby reenacted to read as follows:
11.28.030 Undergrounding — Scope
This chapter shall apply to any person or entity, other than the City, who owns
electrical or communication facilities, and to all new electrical and communication systems,
including but not limited to electric power, telephone, telecommunication, and cable
television facilities within the corporate City limits.
Section 8. TMC Section 11.28.040 is hereby reenacted to read as follows:
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11.28.040 Facilities Exempted
The following facilities are exempted from the undergrounding requirements of
this chapter:
1. Electric utility substations, pad -mounted transformers, and switching facilities
not located on the public right-of-way where site screening is or will be provided in
accordance with TMC Chapter 18.54.
2. Electric transmission systems of a voltage of 115 kV or more (including
poles and wires) and equivalent communication facilities.
3. Ornamental street lighting standards, as defined by the Director.
4. Telephone pedestals, cross connect terminals, repeaters, cable warning
signs, and other equivalent communication facilities.
5. Government equipment, including but not limited to: traffic control equipment
and police and fire sirens.
6. Temporary services for construction.
7. Replacement of existing overhead facilities due to damage by natural or
man-made causes.
8. Overlashing onto existing facilities installed, subject to the limitations and
restrictions set forth in TMC Section 11.28.070.
9. Secondary wiring for street lighting.
10. Upgrade or replacement service of existing facilities pursuant to TMC
Section 11.28.080.
11. Other facilities as determined by the Director.
Section 9. TMC Section 11.08.050 is hereby reenacted to read as follows:
11.28.050 Undergrounding Requirements
Except for wireless communication facilities specifically permitted, pursuant to
TMC Chapter 18.58, all new facilities shall be constructed, installed, and located in
accordance with the following terms and conditions, unless otherwise specified in a
franchise. Right-of-way users shall be responsible for all costs associated with
undergrounding its facilities except as otherwise provided herein or within Federal or
State law.
1. The right-of-way user shall install its new facilities underground, unless
otherwise approved by the City, pursuant to TMC Section 11.28.060.
2. The right-of-way user shall install its new facilities within an existing
underground duct or conduit whenever excess capacity exists within such facility and
the right-of-way user is able to access such underground duct or conduit for a
commercially reasonable fee; otherwise, the right-of-way user shall place its new
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facilities within its own new underground duct or conduit. The right-of-way user is
encouraged to place conduit underground that can accommodate both the new facilities
and future facilities, including any existing above ground facilities that may be relocated
underground at a later date.
3. Whenever any new or existing electric utilities are being located
underground, or upon a City project within a public right-of-way, the right-of-way user,
with permission to occupy the same right-of-way, shall also relocate its facilities
underground or along an alternative public way, consistent with the requirements of
RCW 35.99.060 and TMC Section 11.08.300.
4. If requested, the right-of-way user shall provide the City with additional
ducts and conduits, at the right-of-way user's cost, and related structures necessary to
access the ducts and conduits; provided, that the terms and conditions under which
such additional ducts and/or conduits are provided shall be consistent with RCW
35.99.070.
5. These locational requirements shall apply even if the right-of-way user is
providing services to a wireless communication facility in the right-of-way, and such
wireless communication facility is allowed to remain above ground.
Section 10. TMC Section 11.28.060 is hereby reenacted to read as follows:
11.28.060 Deviations
A. The right-of-way user may request that the Director allow a deviation from the
requirements in this section by establishing that such compliance would be an undue
hardship to the right-of-way user, a user of the facilities, or any other affected person.
The term "undue hardship" shall mean either:
1. The installation would be technologically unfeasible; or
2. The impact of the underground construction outweighs the general welfare
consideration in requiring underground construction; or
3. Delay of the installation of the underground facilities would better
coordinate the project with other private improvements which are in the permitting
process or public improvements shown on the Capital Improvement or Transportation
Improvement elements of the Comprehensive Plan; or
4. Strict application of this chapter would materially inhibit or would have the
effect of materially inhibiting a right-of-way user's ability to provide telecommunication
services; or
5. For existing or new single-family residences only, the requirement to
underground new facilities constitutes a financial hardship.
B. The Director may also deviate from these requirements if a statute or tariff
prohibits the enforcement thereof or requires the City or rate payers to pay for such
underground in g.
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C. Deviations shall be requested in writing by the applicant, which shall include
how the applicant meets the criteria of TMC Section 11.28.060.A or B. The Director
shall determine, in writing, if the undue hardship criteria are sufficiently established such
that the applicant is not required to underground the new facilities. The Director's
decision shall be final.
Section 11. TMC Section 11.28.070 is hereby reenacted to read as follows:
11.28.070 Overlashing
Existing right-of-way users may overlash to their existing wires, subject to all
applicable local, state, and federal regulations; and further provided that existing right-
of-way users may only overlash a total of two additional new wires per existing wire
owned by the right-of-way users on a given pole, not to exceed three wires in total for
any given right-of-way user. The overlashed wire(s) shall be limited to like -in-kind only,
meaning that it shall not exceed the same size, weight and diameter of the original wire
that is being overlashed to.
Section 12. TMC Section 11.28.080 is hereby reenacted to read as follows:
11.28.080 Upgraded Service
Existing wires may be replaced or upgraded for increased service capacity
provided that no additional wires are added (i.e., a new wire can be added but the
existing wires shall be removed). The new upgrade or replacement wires shall be
limited to like -in-kind only, meaning that it shall not exceed the size, weight, and
diameter of the original wire that the applicant proposes to remove.
Section 13. TMC Section 11.08.090 is hereby reenacted to read as follows:
11.28.090 Connections and Disconnections of Affected Service
The owner of real property abutting an underground project shall be responsible, at
his or her expense, for converting to underground service and disconnecting his or her
aerial services within 30 days following notice in writing of availability of such underground
service. Time in consummating such connection and disconnection is of the essence, and
such notice to the property owner, customer or subscriber may be mailed, postage
prepaid, or delivered in person. In the event that such conversion and disconnection is not
accomplished within 30 days of receipt of notice, the City may order the work done and the
actual cost shall constitute a lien against the real property, subject to enforcement as
provided by law.
Section 14. TMC Section 11.28.100 is hereby reenacted to read as follows:
11.28.100 Service Connection Requirements
A. Single -Family Residential Areas. All electrical or communication service lines
from either existing overhead or underground facilities to the service connection of new
structures shall be installed underground.
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B. Non -Single Family Residential Areas. All new electrical or communication
service lines from either existing overhead or underground facilities to the service
connection of new and existing structures shall be installed underground.
Section 15. Repealer. Per the repealer in Section 3 of this ordinance, the following
sections of the Tukwila Municipal Code are hereby eliminated:
11.28.110
11.28.120
11.28.130
11.28.140
Site Screening
As -built Drawings
Joint Trenches
Request for Waiver
Section 16. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to
make necessary corrections to this ordinance, including the correction of scrivener's
errors; references to other local, state or federal laws, codes, rules, or regulations; or
ordinance numbering and section/subsection numbering.
Section 17. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 18. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23
JH:AY Review and analysis by Andy Youn
234
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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