Ord 103-2007 12/18/2007 . � ,
ORDINANCE NO. 103-2007
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING APPENDIX A COMPREHENSIVE SUBDIVISION
ORDINANCE, OF THE CODE OF ORDINANCES REGARDING
UNDERGROUND UTILITIES; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council, as part of its 2006-2007 Strategic Plan, has identified a
need to focus on the overall visual appearance of the City and has determined that an
amendment to the Subdivision Ordinance requiring the placement of certain utility lines
underground will serve to help achieve this goal; and
WHEREAS, the issue of such an ordinance amendment was discussed and was given a
favorable response by the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Code of Ordinances, Appendix A Comprehensive Subdivision
Ordinance, Section 6.7 Utilities, is hereby amended by adding the following underlined text and
deleting the strikethrough text:
6.7 Utility Lines
A. All utility lines that pass under a street or alley shall be installed before the street or alley
is paved. When it is necessary that utility lines pass under pavement, they shall be
installed to a point at least three (3) feet beyond the edge of the pavement. An
exception to this requirement exists where underground construction technology (e.g.
boring) is used at the utility company's or contractor's option. All necessary utilities shall
be installed before building permits and/or certificates of occupancy are issued for work
within the subdivision.
B. All telephone, cable television and electrical utility lateral and service lines shall be
placed underground throughout new subdivisions for which final plats are approved
subsequent to the effective date of this Ordinance, subject to the following conditions:
1. All electrical transmission lines, meaning those electrical lines operated at
nominal voltages of 60,000 volts or higher, may be placed overhead.
2. Any electrical feeder lines, meaning those electrical lines that emanate from
substations to distribute power throughout an area, may be placed overhead.
3. Where electrical service is to be placed underground, electrical service for street
or site lighting shall also be placed underground except for the lighting
standards.
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4. Temporary electrical service during construction may be provided by overhead
utility lines and facilities prior to activation of the underground service. Following
activation of the underground permanent service, the temporary overhead
electrical service shall be removed as soon as possible.
5. The electrical utility company may plan and construct overhead lines on
perimeters of subdivisions or property. Telephone and cable television lines may
be constructed overhead where overhead electric utility lines are permitted.
6. Each of the utility companies shall be responsible for developing administrative
policies and cost reimbursement procedures for the installation and extension of
their underground utilities. Nothing herein shall prohibit or restrict any utility
company from recovering the difference in cost of overhead facilities and
underground utilities from the owner or developer in accordance with the
provisions of such utility's approved tariff. No utility company shall be required to
begin construction of underground facilities unless and until the owner or
developer of the subdivision has made arrangements satisfactory to the specific
utility company for the payment of such difference between the cost of overhead
facilities and underground facilities. No plat shall be approved without a
certification by all electric, telephone and cable television companies that such
satisfactory arrangements have been made being affixed to the plat. The City of
Wichita Falls shall not be responsible for any portion of such cost unless the City
of Wichita Falls determines that the owner, developer or consumer should not
pay such difference in cost and the City of Wichita Falls refuses to grant an
exception allowing overhead construction.
7. All electrical, cable television and telephone support equipment (transformers,
amplifiers, switching devices, etc.) necessary for underground installation shall
be pad mounted or placed underground and the difference in cost of such
facilities shall be paid to the installing utility company in accordance with
provisions established under paragraph 6 above.
8. Nothing herein shall be construed to require a utility to install underground
facilities or any facilities other than standard overhead facilities, unless the
increased cost associated with the underground or other non-standard facilities
has been paid to the utility by the developer or the City prior to construction.
9. Nothing contained herein shall be construed to require any existing overhead
facilities to be placed underground or to prohibit the upgrading, reconstruction,
relocation, or reconductoring of any existing overhead facilities with overhead
construction.
10. Nothing contained herein shall be construed to alter the intent of any utility
Franchise Agreement Ordinance in effect on the effective date of this Ordinance.
SECTION 2. lt is hereby officially found and determined that the meeting at which this
ordinance was passed was open to the public as required by law.
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PASSED AND APPROVED this the 18th day of December, 2007.
MAYOR
ATTEST:
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ity Clerk