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HomeMy WebLinkAboutBPW 04-28-17-01 Establishing an Underground and Buried Utility DistrictBPW RESOLUTION NO. 04-28-17-01 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, TO ESTABLISH AN UNDERGROUND AND BURIED UTILITY DISTRICT WHEREAS, the City of Carmel, Indiana ("City"), pursuant to I.C. 36-9-2-7, may regulate the use of public ways; and WHEREAS, for the past two decades, the City has established a policy and practice to require utilities and utility facilities located in the rights-of-way ("ROW") to be buried or placed underground; and WHEREAS, on September 18, 2000, the Common Council of the City of Carmel, Indiana, ("Council") passed Ordinance D-1479-00 that required all cable operators who provide cable service over a cable system, to place its cables and other equipment underground in all areas of the City where both telephone and electric utilities' facilities are placed underground; and WHEREAS, pursuant to I.C. 36-7-4-510(b) on May 20, 2009, the Carmel Advisory Plan Commission approved Resolution CC -05-04-09-02 adopting the Carmel Clay Comprehensive Plan ("C3 Plan 2009"), as Amended by the Council; and WHEREAS, the C3 Plan 2009 encouraged all new utilities that supply electric, communication or similar and associated services in newly developed or redeveloped urban areas be placed underground and buried within the City's rights-of-way ("ROW"); and . WHEREAS, pursuant to I.C. 36-4-9-5, the City has established the Board of Public Works and Safety ("BPW") to administer public utilities and regulate the City's rights-of-way ("ROW"); and WHEREAS, public necessity, health and safety now require that all new utilities located within the City's ROW and/or a granted utility easement shall be placed underground or buried, and the City, by and through the BPW; now finds that it is in the best interests of the public health, safety, and general welfare of its citizens to prohibit the erection of all poles, overhead lines, and associated overhead structures used or useful in supplying electric, communication or similar and associated services within the City's ROW or granted utility easement; and WHEREAS, to: further the aforementioned public necessity, and to comply with the provisions required under I.C. 84-32.3-15, as added by P.L. 145-2015, Section 3, the BPW now hereby establishes an Underground 'and Buried .Utilities District ("Area") and designates the Area to be in effect throughout all ROW within the corporate boundaries of the City. NOW, THEREFORE, BE IT RESOLVED, by the City of Carmel Board of Public Works and Safety as follows: this Resolution was prepared by Ashley M. Ulbricht, Carmel City Attorney, on 4/28/17 at 9:16 AM. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\MicrosoR\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Resolution 04 -28 -17 -01 -establishing an underground utility district.docx4/28/2017 9:16:52 AM Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The City hereby establishes an Underground and Buried Utilities District ("Area") to be in effect April 30, 2017, and to apply throughout the City's ROW and granted utility easements, and is hereinafter defined as follows: a. In all areas of the City where no overhead or above ground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication or similar and associated services currently exist; b. In all areas of the City where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including but not limited to electric, communication or similar and associated services; c. In all areas of the City that would require compliance with Ordinance D-1479-00, as amended, and the C3 Plan 2009, as amended; d. All other areas of ROW or proposed ROW throughout the City, or in a utility easement granted by the City, whether or not above ground utilities or utility facilities currently exist. e. .Notwithstanding subsections (a) through (d) above, any utility that requires construction, placement, or use of a small cell facility in an Area designated strictly for underground or buried utilities, may submit an application to the BPW requesting a waiver to install new utility poles or new wireless support structures within the Area pursuant to provisions stated in Ordinance D- 2355-17, as amended. Section 3. From and after the effective date of this Resolution, no person, corporation, or utility shall erect or construct within the City's ROW or granted utility easement, any pole, overhead line, or associated -overhead structure used or useful in supplying electric, communication or similar associated services. Section 4. Unless otherwise expressly authorized by the City's BPW, all utilities located within ..the City's ROW or a granted utility easement shall be placed underground and/or buried. Section 5: All existing overhead poles, wires, and/or utility transmission lines may remain within the City's ROW or utility easement, but may not be replaced or relocated without prior written authorization of the BPW. Section 6. If any portion of this Resolution is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Resolution so long as enforcement of same can be given the same effect. This Resolution was prepared by Ashley M. Ulbricht, Carmel City Attorney, on 4/28/17 at 9:16 AM. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. C:\Users\jquinn\AppData\I.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Resolution 04 -28 -17 -01 -establishing an underground utility district.docx4/28/2017 9:16:52 AM Section 7. This V solution shall be in full force and effect from and after the date of its passage. SO RESOLVED this day of A �i i` , 2017. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: lle-r Jam Brainard, Presiding Officer Date: P ^ rZ May urke, MF�5 b Date: — S�- /7 Lori S. Date: AE Christine Pauley��� Date: This Resolution was prepared by Ashley M. Ulbricht, Carmel City Attorney, on 4/28/17 at 9:16 AM. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\Microsofr\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Resolution 04 -28 -17 -01 -establishing an underground utility district.docx4/28/2017 9:16:52 AM