§ 9-36

a.

At any time not later than the hour set for hearing objections to the proposed work, an owner of property located within the area of benefit may make written protest against the proposed work or against the proposed cost thereof or the allocation of such cost. Such protest must be in writing, must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk, and no other protests or objections shall be considered.

b.

Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of a public hearing held pursuant to this section.

(Ord. No. 1133, § 1)

a.

If, within the time when protests may be filed under the provisions hereof, there is a written protest, filed by the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions hereof. Nothing herein shall preclude the processing and recordation of final subdivision maps in accordance with other provisions of law if proceedings are abandoned.

b.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions hereof to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing herein shall prohibit the city council, within such one year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of fourfifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

(Ord. No. 1133, § 1)

9-36.010 Use of Funds. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project, and fees paid pursuant to this section shall be deposited therein. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund should be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City of Novato for the cost of constructing the improvement. The term "construction" as used herein includes design, acquisition of rightof-way, administration of construction contract and actual construction.

(Ord. No. 1133, § 1)

9-36.011 In-Lieu Considerations. In lieu of payment of all or a portion of the fees imposed under the provisions of this section, the city council may require other considerations including, but not limited to: Lands and rights-of-way needed for the major thoroughfare or bridge project, legal, engineering, administrative or inspection services for the project, construction and dedication to the city of all or a portion of the major thoroughfare or bridge project or other public facilities.

(Ord. No. 1133, § 1)

Chapter XII - PLANNING

Sections:

12-1 - Underground Installation of Electrical and Communication Service Wires.

12-1.1 Purpose. The city council of the City of Novato does hereby find and determine that the public interest requires that facilities and wires for the extension of existing facilities for the supply and distribution of electrical energy and service including communication and cable television service, shall be placed underground in order to promote and preserve the health, safety and general welfare of the public, and to assure the orderly development of the city.

(Ord. No. 437, § 1)

12-1.2 New Extensions of Utility Facilities. It is hereby ordered by the city council that:

a.

All new extensions of existing utility distribution facilities (including, but not limited to, electric, communication, and cable television lines) hereafter constructed or installed in the city, shall be placed underground.

b.

Electric and communication service wires or cables to any new building or structure shall be placed underground unless special permission to construct these facilities above-ground is granted, as hereinafter provided.

c.

It will be the responsibility of the applicant for electric, communication or similar or associated service to make the necessary arrangements with the utility companies involved for the underground installation of wires and facilities required for such new extension and/or service, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission.

(Ord. No. 437, § 2)

12-1.3 Exceptions. The provisions of subsection 12-1.2 shall not apply to:

a.

Any municipal equipment or facilities installed under the supervision and to the satisfaction of the city engineer.

b.

Poles or electroliers used exclusively for street lighting.

c.

Overhead wires connecting to antenna or serving seasonal decorative lighting attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building.

d.

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

e.

Above-ground installation of equipment appurtenant to underground facilities, such as transformers, amplifiers, terminal boxes, meter cabinets, and concealed ducts will be permitted where necessary subject to review and approval of location by the department of community development. Such approval may be conditioned upon the installation of landscaping or other screening. All above-ground installations will be inspected for appearance of workmanship.

f.

Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects, or installed and maintained for a period not to exceed ten days in order to provide emergency service.

(Ord. No. 437, § 3; Ord. No. 989, § 1)