Moreno Valley Municipal Code Ch. 3.46 Municipal Utility and Dedication Requirements

This chapter sets forth the requirement that structural improvements and/or infrastructure used for the distribution of electricity and telecommunications that are completed and deemed necessary to initiate, activate, or expand either existing backbone distribution system or direct delivery service, after September 30, 2003 shall be dedicated to the city of Moreno Valley ("city").

(Ord. 634 § 1.2, 2003)

For the purpose of this chapter and unless the context in which used requires otherwise, the following words and phrases shall have the meaning set forth in this section:

"Dedication,"

means the offer by any owner, developer, or constructor of all right, title and interest in and to a utility distribution facility as installed by them to the city.

"Municipal utility"

means the municipally owned electricity and telecommunications utility of the city having the power and authority to provide electricity and telecommunication services.

"Operational date"

means the date upon which the municipal utility is declared by the city manager to be duly empowered, constituted, and equipped to be operational.

"Utility distribution facility"

means any structural improvements and/or infrastructure, or portion thereof, that is used or intended to be used for the distribution of electricity, telecommunications, or both; provided, however, a utility distribution facility shall not include any such improvement constructed by an "electrical corporation" or a "telecommunications corporation," as defined in the California Public Utilities Code.

(Ord. 634 § 1.2, 2003)

It is the policy of the city that any utility distribution facilities installed after the operation date of the city's municipal utility, deemed necessary to initiate, activate, or expand either existing backbone distribution system or direct delivery service, shall be offered for dedication to the city of Moreno Valley municipally owned utility.

(Ord. 634 § 1.2, 2003)

The city manager is authorized and directed to prepare, implement, and enforce a procedure pursuant to which utility distribution facilities installed after the operational date shall be offered for dedication to the municipal utility. Any utility distribution facility, that construction of which is installed after the operational date, shall be subject to the dedication procedure established by the city manager.

(Ord. 634 § 1.2, 2003)

The city manager or his designee is hereby authorized to review any offer of dedication of a utility distribution facility installed after the operational date. In the event that the city manager is satisfied that the offer of dedication is in order, that the utility distribution facility can be appropriately included within the municipal utility system, that said utility distribution facility will be beneficial to the development of the municipal utility system, and that the municipal utility can economically provide service through the utility distribution facility, said offer of dedication shall be accepted.

(Ord. 634 § 1.2, 2003)