Ordinance 756
ORDINANCE NO. 756
AN ORDINAN"CE OF THE CITY OF GILROY AMENDING THE GILROY
CITY CODE BY ADDING THERETO SECo 21.36-2 REQUIRING
SUBDIVIDERS TO PLACE CERTAIN UTILITY LINES UNDERGROUND
OR SEMI-UNDERGROUND OR STREAMLINED SYSTEM
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I: The City Code of the City of Gilroy is hereby
amended by adding thereto Sec. 21.36-2 to read as follows:
Sec. 21.36-2. utility lines, appurtenances and associated
equipment, including but not limited to electrical
transmission, communications transmission, street
lighting, and cable television shall be required to
be placed underground or as a minimum requirement a
"streamlined" (or semi-underground) system may be
required. The subdivider is responsible for complying
with the requirements of this section, and he shall
make the necessary arrangements with the appropriate
utility companies for the installation of such facili-
ties. Utility lines, appurtenances and associated
equipment such as, but not limited to, surface mounted
transformers, pedestal mounted terminal boxes and meter
cabinets, and concealed ducts in an underground system
may be placed above ground, in those cases wherein the
City Council, upon recommendation of the City Planning
Commission, determines that the location, topographical,
soil or any other conditions make such underground
installation unreasonable or impractical. The waiver
by the City Council of the requirements of this section
for one portion of a subdivision shall not affect the
requirements for the balance of that subdivision.
This section shall not apply to utility lines which do
not provide service to the land area being subdivided.
Section II: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section III: If any word, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions
of this ordinance. The legislative body hereby declares that it
would have passed this ordinance and each word, sentence, phrase or
clause irrespective of the fact that anyone or more words, sentences,
phrases or clauses be declared unconstitutional or invalid.
Section IV: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval.
Section V: The foregoing ordinance was introduced at a regular
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session of the Council held on the 20th day of September, 1965, and
ordered published by title and summary in accordance with the
PASSED AND ADOPTED this 4th day of October, 1965,
provisions of the City Charter,/by the following vote:
AYES:
COUNCILMEMBERS :A 11 emand, Duffi n ,Goodr i ch,
Wentworth, and Petersen.
NOES:
COUNCILMEMBERS:None
ABSENT:
COUNCILMEMBERS :Eckard and Quarti rol i
APPROVED: /, /)
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City Clerk
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ATTEST:.
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SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No~ 756 is an original ordinance. duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 4th
day of
Oct0ber
, 19 65, at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
lished In accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 5th day of
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City Clerk of the City of Gi