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HomeMy WebLinkAboutD-2368-17 Public Utility RelocationSponsors: Councilor Campbell Councilor Carter Councilor Worrell ORDINANCE D-2368-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REGARDING PUBLIC UTILITY RELOCATION IN CITY STREETS, HIGHWAYS, AND OTHER PUBLIC PROPERTY Synopsis: This ordinance establishes the City's policy regarding public utility relocations in areas along, under, upon, and across City streets, highways, and other public property, the party to bear the costs associated with such relocations, and penalty provisions for non-compliance. WHEREAS, Indiana Code Section 8-1-2-101 authorizes the City of Carmel, Indiana ("City") to determine by ordinance the terms under which a public utility occupies the areas along, under, upon, and across its public streets, highways, and other public property; and, WHEREAS, the City desires to exercise its authority under Indiana Code Section 8-1-2- 101 to regulate the occupation by public utilities of the areas along, under, upon, and across the City's streets, highways, and other public property; and, WHEREAS, the Carmel Common Council now finds that Chapter 9, Article 5, Section 9- 218 should be added to the Carmel City Code in order to articulate the City's policy regarding public utility relocation and to establish penalty provisions for non-compliance with its public utility relocation policy; and, WHEREAS, it is in the public interest for the City to now establish as a City policy that all public utilities electing to locate facilities along, under, upon, and/or across a City street, highway, and/or other public property should bear the burden of the costs of relocating those facilities if relocation is required for a City street, road, trail, sidewalk, or other project; This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, on 5/16/2017 at 12:12 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Sponsors: Councilor Campbell Councilor Carter Councilor Worrell NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 9, Article 5, Section 9-218 of the Carmel City Code should be and the same is hereby added to the Carmel City Code and shall read as follows: "§ 9-218 Relocation of Public Utility Facilities (a) If it is necessary for a public utility facility located along, under, upon, and/or across a City street, highway, or other public property to be relocated because of a City road project, street project, sidewalk project, trail project or other project, or any combination thereof, the owner of the public utility facility shall relocate that facility at the owner's expense at a time, place and manner (including above or underground) as determined by the City. The City shall provide the owner with written notice, at least sixty (60) calendar days prior to the date by which the relocation must be completed, of the new location of the facilities and the time for completion of the relocation. (b) If a public utility facility owner fails to relocate its facility as directed by the City pursuant to subsection (a) hereinabove, the City shall have the right to relocate that facility. If the City exercises its right to relocate the facility, the owner of the facility shall reimburse the City for the cost of such relocation within thirty (30) calendar days from the date of the owner's receipt of the City's notice of the cost of relocation. If the owner fails to fully and timely reimburse the City for these relocation costs, the City shall have the right to collect these costs by exercising any available legal remedy, including, but not limited to, obtaining a money judgment for the costs incurred by the City in relocating the facility. (c) Any owner of a public utility facility that fails to relocate that facility in accordance with this section shall be subject to a fine in the amount of $500 for each calendar day, or part thereof, that the failure exists." Section 3. The remaining sections of Carmel City Code Chapter 9, Article 5 are not affected by this Ordinance and shall remain in full force and effect. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Ordinance D-2368-17 Page Two of Four This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, on 5/16/2017 at 12:12 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Sponsors: Councilor Campbell Councilor Carter Councilor Worrell Section 5. This Ordinance shall be in full force and effect from and after the date and time of its passage and signing by the Mayor. ADOPTED by the Common Council of the City of Carmel, Indiana on this �Q day of f 2017 by a vote of 14 ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer ald . Carter Nof 0 vc- "e 1 Sue Finkam Ordinance D-2368-17 Page Three of Four H. Bruce Kimball Kevin D. Rider Jeff Worrell This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, on 5/16/2017 at 12:12 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Sponsors: Councilor Campbell Councilor Carter Councilor Worrell Pres ted by me to the Mayor of the City of Carmel, Indiana this � day of 2017, at 16 A -.M. istine S. Pau y, Clerk -Tr surer Wp Approved by me, Mayor of the City of Carmel, Indiana, this ;Z?�day of V -V W1> 2017, at mes Brainard, Mayor ATTEST: PAI S. Pauley, CVrk-Treasurer Ordinance D-2368-17 Page Four of Four This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, on 5/16/2017 at 12:12 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.