This chapter sets forth the requirement that structural improvements
and/or infrastructure used for the distribution of electricity that
are completed after the effective date of this chapter if enacted,
shall be dedicated to the city.
(Ord. 1050 § 2, 2003)
As used herein the term:
"Dedicate"
means the offer of any owner, developer or constructor within
the designated spot municipal utility of all right, title and interest
in and to a utility distribution facility to the city.
"Municipal utility"
means the municipally owned electricity utility of the city
of Palm Desert having the power and authority to provide electricity
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 improvement and/or infrastructure, or
portion thereof, that is used or intended to be used for the distribution
of electricity; provided, however, a utility distribution facility
shall not include such improvement constructed by an "electrical corporation,"
as defined in the California
Public Utilities Code.
(Ord. 1050 § 2, 2003)
It is the policy of the city of Palm Desert that any utility
distribution facility installed within an established spot municipal
utility after enactment of this chapter shall be offered for dedication
to the city of Palm Desert.
A. Utility
Distribution Facility Dedication Procedure. The city manager is authorized
and directed to prepare, implement and enforce a procedure pursuant
to which utility distribution facilities installed within an established
spot municipal utility after enactment of this ordinance shall be
offered for dedication to the municipal utility. The dedication procedure
shall be established by the city manager.
(Ord. 1050 § 2, 2003)
The city manager or his designee is hereby authorized to review
any offer of dedication of a utility distribution facility installed
after enactment of this chapter. 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. 1050 § 2, 2003)