HomeMy WebLinkAboutPackets - Council Packets (1347) AGENDA
ORO VALLEY TOWN COUNCIL
BUDGET STUDY SESSION
MAY 22, 2002
ORO VALLEY TOWN COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
STUDY SESSION — AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
1. REVIEW OF BUDGET FOLLOW-UP ISSUES FROM MAY 16, 2002
BUDGET STUDY SESSION
2. ORO VALLEY WATER UTILITY Page 197
• Water Company Acquisition Page 207
• Oro Valley Water Connection Fees Page 210
• Oro Valley Connection Fees Debt Service Fund Page 213
• Alternative Water Resources Development Fee Page 216
3. DISCUSSION REGARDING RESOLUTION NO. (R)02-36 COST
SHARING AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND
TUCSON ELECTRIC POWER FOR A NEW UNDERGROUND 13.8 KV
ELECTRICAL SERVICE FOR THE DEVELOPMENT OF RANCHO
VISTOSO NEIGHBORHOODS 3 & 4
ADJOURNMENT
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA).
If any person with a disability needs any type of accommodation, please notify
the Oro Valley Town Clerk, at 229-4700.
Posted: 05/17/02
4:30 p.m.
lh
•
MEMORANDUM
TO: Mayor and Council
(Cr?)
FROM: Chuck Sweet, Town Manager
David Andrews, Finance Director
0:/*°'
DATE: May 22, 2002
SUBJ: Follow-up Issues from May 16 Budget Review Session
A number of issues were raised during the Mayor and Council's Budget Review
Session of May 16. This memorandum serves as staff follow-up to these issues.
Please refer to the first attachment for a summary of the impact of potential
changes to the Town Manager's Recommended Budget.
1. Issue: Criminal Law Clerk for the Legal Department
Response: $16,200 will be added to the Legal Department's personnel
line item for a part-time (1,080 hours) position. Funding will be provided
by grant contingent revenues.
2. Issue: Administration Building Expansion — Moving Costs
Response: Estimated costs is approximately $3,500 per the Town
Engineer.
3. Issue: Legal Department Outside Professional Services — 5-Year
Historical Costs
Response: Please refer to the attached chart. Historical costs have
ranged from $65,000 - $119,000 per year over the past five years.
4. Issue:Video Arraignment for the Magistrate Court
Response: Judge Dunscomb spoke with Jim West, Marana Town
Magistrate, regarding this issue. The cost would be $14,000 in equipment
plus an annual cost of a dedicated telephone line to provide a computer
based link to the Pima County Jail. This arrangement would not be a true
video arraignment. The court will also need to address some logistical
issues including coordination with the Pima County Jail. This project may
be eligible for local JCEF funding.
G:IBUDGET FY 02-031MemoslIssues 5-16-02.doc
5. Issue: GITEM Grant Revenues
Response: Please refer to the attached e-mail from Chief Sharp.
$139,500 in GITEM Grant Revenues will be deleted from the FY 02/03
Grant Revenue estimates.
6. Issue: FOP Proposal
Response: Resolution of this matter will need to be resolved at the
adoption of the tentative budget.
7. Issue: Shade Structure at CDO Riverfront Park
Response: This item was brought forward subsequent to Council review
of the Parks & Recreation budget on May 8. $25,000 will be added to FY
02/03 expenditures and a corresponding amount will be deleted from FY
01/02 estimated actuals pursuant to the attached e-mail from the Parks
and Recreation Administrator.
CC: Danny Sharp, Police Chief
Brent Sinclair, Community Development Director
Bill Jansen, Public Works Director
Melody Niese, Management & Budget Analyst
Ainsley Reeder, Parks & Recreation Administrator
Dan Dudley, Town Attorney
George Dunscomb, Town Magistrate
. Jeff Grant, Human Resources Director
•
G:IBUDGETIFY 02-031Memosllssues 5-16-02.doc
Town of Oro Valley
FY 2002/03 Town Budget
Hard Expenditure Adjustments
Per Town Council Review
Through May 16, 2002
Item One-Time Recurring
Description Impact Items Items
Governor's Rural Development Conference Increase 648
National League of Cities - Membership Increase 1,288
National League of Cities - Conference Increase 2,500
Friends of the Library Increase 5,000
State Income Tax Revenue Sharing Decrease 42,730
Audio System for Council Chambers Increase 25,000
Criminal Law Clerk - Expenditures Increase 16,200
Criminal Law Clerk - Grant Contingent Revenues Increase (16,200)
Moving Costs Increase 3,500
GITEM Grant Revenues Decrease 139,500
Playground Shade Structure - CIP Carryforward Increase 25,000
Total $ 96,230 $ 148,936
Town of Oro Valley
FY 2002/03 Town Budget
Potential Additional Expenditure Adjustments
Per Town Council Review
Through May 16, 2002
Item Expenditure I One-Time Recurring
Description Impact Items Items
G:IBUDGETIFY 02-03\expenditure adjustments 5-16-02.x/s
Legal Department
Outside Professional Services
Detail
Fiscal Year Y-T-D Amount
1996/97 $ 65,915
1997/98 $ 77,125
1998/99 $ 68,472
1999/00 $ 89,024
2000/01 $ 119,112
2001/02* $ 30,127
* YTD actuals through April 30, 2002.
This figure annualizes at $40,168.
G:IBUDGETIFY 02-031Legal-OPS Detail.xls
Page 1 of 1
Andrews, David
From: Sharp, Daniel
Sent: Monday, May 20, 2002 8:43 AM
To: Andrews, David
Cc: Sweet, Charles
Subject: RE: GITEM Grant Status
David-It appears the last ditch effort to save funding was defeated and the budget WITH the cuts to GITEM will
go to the Governor. An interesting aspect of the budget relative to GITEM, is the verbiage that says something to
the effect that the State will NOT reimburse county or municipal agencies in a county with a population greater
than 750,000. On the COPS Grant front,the Universal Hiring Program is not as generous as I had thought
originally. It provides for$75,000 per officer over a three year period. $30k, $25k, $20k. I still think we should go
for eight (8) positions and have Nancy working on the application. Let me know if you need anything else.
Thanks. Danny
Original Message
From: Andrews, David
Sent: Friday, May 17, 2002 11:06 AM
To: Sharp, Daniel
Cc: Sweet, Charles
Subject: GITEM Grant Status
Danny,
The next budget session will be on Wednesday at which time we follow up on issues raised at the
previous budget session. Would you please provide me with some input regarding the subject grant as
soon as possible but no later than noon on Wednesday? FY 2002/03 revenue estimates include
$139,500 for GITEM grant(s).
Thanks
Dla
5/20/02
Page 1 of 1
Andrews, David
From: Sharp, Daniel
Sent: Tuesday, May 21, 2002 10:11 AM
To: Andrews, David
Subject: RE: COPS Grant Funding for FY 2002/03
I believe we have a chance to receive some funding in FY 02/03, but there are no guarantees. We can proceed
and then come back to Council to amend the budget should we be successful. I would guess that we will be well
into the fiscal year before we even know our chances. Let me know your thoughts. Danny
Original Message
From: Andrews, David
Sent: Monday, May 20, 2002 2:59 PM
To: Sharp, Daniel
Cc: Sweet, Charles
Subject: COPS Grant Funding for FY 2002/03
Danny,
At this point I had not planned to include any COPS grant funding for the Universal Hiring Program for the
eight positions you mentioned. I got the feeling that it was something that recently came to light and that
we did not want to count on it in next year's revenue budget.
Do you concur or feel like we have a stronger chance of getting it in FY 2002/03?
Thanks,
Dla
5/21/02
Page 1 of 1
Andrews, David
From: Reeder, Ainsley
Sent: Thursday, May 16, 2002 1:49 PM
To: Andrews, David
Cc: Sinclair, Brent
Subject: Carry Forward
Per our phone conversation today, please consider this my formal request to have the entire $25,000 funded for a
shade structure at the Riverfront Park carried forward to the 2002-2003 budget. (Account# 01.192.903)
Your assistance in this matter is greatly appreciated.
5/16/02
TOWN OF ORO VALLEY
STUDY SESSION
COUNCIL COMMUNICATION MEETING DATE: May 22,2002
TO: HONORABLE MAYOR& COUNCIL
fr
FROM: Jeffrey H. Weir, CEcD, Economic Development Ad iinistratona
Paul Nzomo, P.E. Engineering Division Manager
SUBJECT: Cost Sharing Agreement between the Town of Oro Valley and Tucson Electric Power
(TEP) for a new 13.8kV Electrical Service.
SUMMARY:
On May 15,2002 this item was presented to the Mayor and Council and at the request of staff continued
to the June 5,2002 regular Council meeting. As well as the continuation a request was made by the staff
for an opportunity to review all of the pertinent information at a Study Session. The date for the Study
Session was identified as Wednesday,May 22, 2002.
The presentation format this evening is:
1. A review of the existing Town Zoning Code & Ordinances related to Utility
Undergrounding.
2. A review of maps indicating the current placement/existence of all utilities in the East
Tangerine Road and Rancho Vistoso Neighborhood 3 & 4 areas.
3. An illustration of the proposed dedication of TEP property to the Town and its valuation.
4. A review of the Cost Sharing agreement between the Town and TEP for the
undergrounding of EXISTING electrical service lines as part of the Tangerine Road
improvement and reconstruction project. Inclusive of the TEP proposal to work in
partnership with the Town on future improvements and reconstruction of First Avenue,
Lambert Lane,La Canada Drive and other roadway widening/ reconstruction projects.
5. Clear identification that this proposed action (the Cost Sharing Agreement for the
extension of the 13.8kV line) is a separate action and does NOT set a precedent.
Presentation Items:
1. Oro Valley Zoning Code revised (OVZCR). In this section of the presentation the two
primary areas of the OVZCR that speaks specifically to the undergrounding of utilities are
discussed.
a. Chapter 4 SUBDIVISIONS AND DEVELOPMENT PLANS.
Page 4-45 ARTICLE 4-7. REQUIRED IMPROVEMENTS
Sec. 4-701 Purpose It is the purpose of this article to establish,in outline,
the minimum acceptable standards for improvements of public streets and utilities,
to define the responsibility of the subdivider in the planning, constructing and
financing of public improvements and to establish procedures for, and approval of,
engineering plans.
ri-
TOWN OF ORO VALLEY
STUDY SESSION
COUNCIL COMMUNICATION PAGE 2 OF 4
Page 4-47 Sec. 4-714 Utilities: Electric and Telephone
A. All electric lines and all telephone lines necessary to serve the subdivision
shall be installed underground unless, upon recommendation of the Town Engineer,
the Town Council finds it is impractical to do so.
b. Chapter 10. SUPPLEMENTARY DISTRICT REGULATIONS.
Page 10-0.1 ARTICLE 10-0 TANGERINE CORRIDOR OVERLAY DISTRICT.
Page 10-0.7 Sec. 10-004 Tangerine/Arterial Frontage Tracts.
Part 4.E. Utility Easements. Provisions for utilities may be included in
separate easements within the frontage tract upon approval of the Town. Utility
providers shall be required to keep disturbance of natural vegetation to a minimum
during the installation or maintenance of their facilities and to restore vegetation to
a manner consistent with requirements for adjacent property owners. Future power
lines carrying 45kV or less shall be installed underground. Development plans for
properties abutting arterial intersections shall provide conduit for future
intersection lighting requirements.
The aforementioned OVZCR references are the only items identified relating to the
undergrounding of utilities. The staff's conclusions are that the Town's code only requires power
lines of 45kV or less to be placed underground in subdivisions and along Tangerine Road. The
code does NOT address WHO shall be responsible for the costs of undergrounding power lines of
45kV or less along Tangerine Road. The Arizona Corporate Commission establishes what
elements are included in rate determinations made by TEP.
2. Existing Utilities in Rancho Vistoso Neighborhood's 3 and 4 and along Tangerine Road
eastward from First Avenue.
3. Illustration of the 2+ acre site (100,000 sq.ft.) on the northern side of Tangerine Road being
deeded to the Town from TEP.
The attached letter from the appraisal firm of G. H. Garcia Consulting, Inc. indicates the
value of the land being deeded from TEP to the Town is between $ 138,000 and $ 172,000
or an average amount of$ 155,000.
If the land being deeded by TEP does not occur then engineering studies have determined
that a realignment of Tangerine Road will be required resulting in the need to relocate a
WAPA power pole at an estimated cost of$ 150,000. Additionally, a retaining wall would
be required to provide adequate bank protection for a number of homes on the south side
of Tangerine Road (cost estimated not available).
TOWN OF ORO VALLEY
STUDY SESSION
COUNCIL COMMUNICATION PAGE 3 OF 4
Presentation Items: (Coni)
4. Review of the proposed Undergrounding Cost Sharing Agreement between the Town and
TEP.
There are three separate parts to the proposed Cost Sharing Agreement:
A. Sharing of Costs for the Undergrounding of EXISTING power lines as part of the
reconstruction/expansion of Tangerine Road from First Avenue to La Canada
Drive.
The Town and TEP have agreed to share costs for the undergrounding of
EXISTING power lines as part of this project. The total cost for undergrounding is
$ 580,081 of which TEP will pay 48% or$ 278,652.
B. Sharing of Costs for the Undergrounding of NEW 13.8kV power lines along the
northern side of Tangerine Road from First Avenue to Rancho Vistoso
Neighborhoods 3 (Hospital site) & 4 (Large Retail Center).
The total costs of extending the new 13.8kV power line underground from the
existing TEP substation is estimated at $ 593,497. TEP has requested that the Town
agree to share$ 262,853,(44% of the total) costs.
C. If the Cost Sharing is agreeable then the Town and TEP will use this approach
(sharing of costs on the basis of TEP contributing the full costs for overhead
installation and the Town providing the costs for the increase related to
undergrounding) for all future opportunities including the reconstruction/expansion
of First Avenue,Lambert Lane ,La Canada Drive and other roadway widening/
reconstruction projects.
The enclosed copy of the Franchise Agreement between the City of Tucson and TEP
addresses Undergrounding in Section 21, page 21. Section 21 Part(a)In General
states (line 4) ".... The City may require the Company to place such lines
underground if the City PAYS THE DIFFERENCE BETWEEN THE COST OF
PLACING SUCH LINES UNDERGROUND AND THE COST OF PLACING
THEM AERIALLY." (Emphasis added)
5. Clear indication that this action, proposed Cost Sharing with TEP,does not establish a
precedent for future considerations.
It is the opinion of the Town Attorney that this is a separate and sole action and will not set
a precedent for future considerations. The enclosed NEW Resolution has language added
that specifies that this action is separate and does not set a precedent.
TOWN OF ORO VALLEY
STUDY SESSION
COUNCIL COMMUNICATION PAGE 4 OF 4
ATTACHMENTS:
1. OVZCR Chapters 4 & 10 (selected pages).
2. Maps for existing utilities at RV Neighborhoods 3 & 4.
3. Illustration of property to be deeded to Town from TEP.
4. Copy of letter from TEP Account Manager Art Fregoso to Paul Nzomo of April 18,2002.
5. Diagram and Cost Estimates for new 13.8kV power line.
6. Copy of Franchise Agreement between TEP and City of Tucson.
7. Copy of NEW Resolution NO. (R)_02-36.
FISCAL IMPACT: The Cost Sharing Agreement requests the Town to expend $ 262,853 toward the
total costs of undergrounding the new 13.8kV power line. However, the contributions from TEP for the
value of the land and their contribution toward undergrounding the EXISTING lines associated with the
Tangerine Road reconstruction/expansion project are greater:
TOWN OF TUCSON
ORO VALLEY ELECTRIC POWER
100,000 sq.ft. of Land $ 155,000
Relocation of WAPA Pole $ 150,000
Undergrounding at Tangerine Road $ 278,652
New 13.8 kV Power Line $ 262,853,
Know Costs $ 262,853 $ 583,652
222
Other Projects:
First Avenue ????
Lambert Lane ????
La Canada Drive ????
Other roadway widening/ reconstruction projects. ????
x
t
CHAPTER 4
SUBDIVISIONS AND DEVELOPMENT PLANS
ARTICLE 4-1. SUBDIVISIONS AND DEVELOPMENT PLANS
Sec.4-101 Purpose and Intent
A. The purpose of this chapter is to provide for the orderly growth and harmonious development of the Town;to
insure adequate traffic circulation through coordinated street systems with relation to major thoroughfares,
adjoining subdivisions and public facilities; to achieve individual property lots of reasonable utility and
livability; to secure adequate provisions for water supply, drainage, sanitary sewerage and other health
requirements;to insure consideration for adequate sites for schools,recreation areas and other public facilities;
to promote the conveyance of land by accurate legal description; and to provide logical procedures for the
achievement of this purpose.
B. In its interpretation and application,the provisions of this chapter are intended to provide a common ground of
understanding and equitable working relationship between public and private interests to the end that both
independent and mutual objectives can be achieved in the subdivision of land.
Sec.4-102 Prohibition Against Circumvention of Chapter
A. No person, firm,corporation or other legal entity shall sell or lease,or offer for sale or lease,any lot,piece or
parcel of land which is within a subdivision (as defined in Sec. 2-101, Definitions), without first having
recorded a plat thereof in accordance with the provisions of this code.
B. No building permit shall be issued for construction on any lot,piece or parcel of land which is not a part of a
recorded subdivision plat unless a development plan for such land has been approved in accordance with
Article 4-5 of this code.
Sec.4-103 Outline of Procedures
The preparation, submittal, review and approval of all subdivision plats and development plans located inside the
limits of the Town shall proceed through the following progressive stages:
Stage I - Preapplication Conference(Article 4-2)
Stage II - Preliminary Plat and Native Plant Preservation and Salvage Plans (Articles 4-3
and 14-11)
Stage III - Final Plat and Landscape,Irrigation and Buffer Yard Plans(Articles 4-4 and 14-
2)
Stage IV - Development Plan Landscape,Irrigation and Buffer Yard Plans and Native Plant
Preservation and Salvage Plans(Articles 4-5, 14-1,and 14-2)
REQUIRED IMPROVEMENTS
boundaries of the Town of Oro Valley through the adoption and enforcement of Pima County's Addressing
Ordinance and Policies,Chapter 18.83 and all future amendments thereto,along with the following additional
provisions:
A. All of the signage in this code shall be placed so that mature landscape will not obscure it.
ARTICLE 4-7. REQUIRED IMPROVEMENTS
Sec.4-701 Purpose
It is the purpose of this article to establish, in outline,the minimum acceptable standards for improvement of
public streets and utilities, to define the responsibility of the subdivider in the planning, constructing and
financing of public improvements and to establish procedures for,and approval of,engineering plans.
Sec.4-702 Improvements:Subdivider's Responsibility
All improvements required in streets, alleys or easements which are required as a condition to plat approval
are the responsibility of the subdivider provided, however,that he may be allowed to meet the requirements
by participation in an improvement district approved by the Town.
Sec.4-703 Engineering Plans
A. It is the responsibility of the subdivider to have prepared by a registered civil engineer,registered in
the State of Arizona, a complete set of engineering plans, satisfactory to the Town Engineer, for
construction of required improvements. Such plans shall be based on the approved preliminary plat
and be prepared in conjunction with the final plat.
B. Engineering plans shall be approved by the Town Engineer prior to recordation of the final plat.
Sec.4-704 Construction and Inspection
A. All relocation, filing and reconstruction of facilities shall be constructed to standards of the owning
utility and Town Engineer.
B. All improvements in the public right-of-way shall be constructed under the inspection and approval of
the Town Engineer.
C. All underground utilities to be installed in streets shall be constructed prior to the surfacing of such
street. Service stubs for underground utilities to platted lots within the subdivision shall be placed in
such manner which will not require road cuts or tunneling beneath existing street improvements when
service connections are made.
Sec.4-705 Improvements:Plan Review Fees
Oro Valley Zoning Code Revised (Rev.2.01)
4-45
i
REQUIRED IMPROVEMENTS
A. The purpose of the plan review is to insure that all plans conform to sound engineering concepts as
well as conforming to the general development of the Town of Oro Valley.
B. A plan review fee shall be required for all applicable subdivisions and developments according to the
fee schedule adopted by the Town Council and said fees shall be due and payable upon submittal of
plans.
C. Plan review shall not remove any engineering responsibility from the developing engineer.
Sec.4-706 Street and Alley Improvements
All streets and alleys adjacent and within subdivisions shall be graded and surfaced to cross-sections,grades
and standards according to the"Standard Specifications,Standard Details and Design Standards"of the Town
of Oro Valley and approved by the Town Engineer. Dead end streets serving more than 4 lots shall be
provided with a graded and surfaced temporary turning circle.
Sec.4-707 Street Name Signs
Signs shall be placed at all street intersections and be in place by the time the street pavement is ready for use.
Specifications for design,construction, location and installation shall be in accordance with approved Town
standards. If the intersection contains a public street, fabrication and installation of the completed sign unit
shall be by the Town of Oro Valley. The total cost of installation shall be on record with the Town Engineer
and this cost shall be borne by the subdivider. The subdivider may elect to have the Oro Valley Streets and
Roads Department install street name signs at intersections containing only private streets at the current Town
cost on file with the Town Engineer. The total cost of said installation shall be borne by the subdivider(Rev.
11/20/91).
Sec.4-708 Storm Drainage
Proper and adequate provisions shall be made for disposal of storm waters. The requirements of this section
shall apply equally to grading of private property and public streets. Existing major watercourses shall be
dedicated as drainageways or easements. The type, extent, location and capacity of the drainage channels
shall meet the approval of the Town Engineer and shall be constructed in accordance with plans approved by
the Town Engineer.
Sec.4-709 Sanitary Sewage Disposal
Sewage disposal facilities shall be installed to serve each lot and be subject to Pima County Health
Department and/or Pima County Wastewater Management standards.
Sec.4-710 Water Supply
Each lot shall be supplied with safe,pure and potable water in sufficient volume and pressure for domestic use
and fire protection in accordance with Town standards. Fire hydrants shall be installed in accordance with
current Town standards at locations designated by the Fire Department and approved by the Town Engineer at
the expense of the subdivider.
Oro Valley Zoning Code Revised
(Rev.2/01)
4-46
HILLSIDE SUBDIVISIONS
Sec.4-711 Monuments
Permanent monuments shall be installed in accordance with current Town standards at all corners, angle
points and point of curves and all street intersections. After all improvements have been installed,a registered
land surveyor or civil engineer shall check the location of monuments and certify their accuracy.
Sec.4-712 Lot Corners
Iron pipe or round reinforced steel bars not less than 1/2 inch in diameter shall be set at all corners, angle
points and points of curve for each lot within the subdivision prior to the recording of the plat except that the
Development Committee may approve delay where topographic or construction conditions make it necessary.
Sec.4-713 Street Lights
Street lights shall be installed,if required,as designated by the Town Engineer,in accordance with the Town
standards. All lights shall be installed on metal standards with fixtures and standards and layout approved by
the Town Engineer. All of the above improvements shall be installed at the expense of the subdivider.
Sec.,4.714 Utilities: Electric and Telephone
A. All electric lines and all telephone lines necessary to serve the subdivision shall be installed
underground unless, upon recommendation of the Town Engineer, the Town Council finds it is
impractical to do so.
B. The subdivider shall be responsible for the requirements of this section and shall make the necessary
arrangements with each of the public utility companies involved for the installation of undEt round
facilities. Letters from each of the public utility companies indicating that the arrangements have been
made shall be submitted to the Zoning Administrator at the time the final subdivision plat is filed.
ARTICLE 4-8. HILLSIDE SUBDIVISIONS
Sec.4-801 Intent
Planning, platting and development of Hillside District subdivisions involves special problems that require
special handling to accommodate the objectives established for Hillside District as defined in Section 10-101
of this code.
Sec.4-802 Lot Width and Area
Lot width and area shall be closely related to the terrain, drainage, percolation factors or construction of
sanitary facilities with emphasis placed on selection of home sites and the access to the home sites.
Oro Valley Zoning Code Revised (Rev.4/97)
4-47
Sec. 10-001
CHAPTER 10
SUPPLEMENTARY DISTRICT REGULATIONS
ARTICLE 10-0 TANGERINE CORRIDOR OVERLAY DISTRICT(TRCOD)
Sec. 10-001 Tangerine Corridor District Regulations/Guidelines
The provisions herein are adopted as supplements to the applicable zoning requirements of the
underlying zoning district classifications. Regulatory provisions, including standards and
measurements, are mandatory. Guidelines are intended as expectations of project quality and
amenity.
Sec. 10-002 Tangerine Corridor District Established
The Tangerine Corridor District is established as an Overlay District to provide implementation
directions for the Tangerine Road Corridor Specific Plan which has been duly adopted as a refinement
of the Town of Oro Valley General Plan. The purpose of these regulations and guidelines is to
preserve the value of lands possessing the unique Upper Sonoran Desert character found within the
Tangerine Road Corridor, as well as to protect the health, safety and welfare of the public by
encouraging reasonable use and enjoyment of private property. It is the further premise of this
Ordinance that attention to the Corridor's environmental quality is necessary to maintain a natural
coexistence with the desert that enhances the value of all lands with it.
A. Overlay District:
The District shall include lands located between Naranja Road and Moore Road, or their
alignments, within the corporate limits of the Town of Oro Valley(the "Corridor"); and shall be
applied to all properties lying within the Corridor at the time of this Ordinance adoption; and to
such lands within the Corridor which may,from time to time, be annexed into the Town.
1. Applicability. Overlay District regulations, as stated herein, apply to all property within
one quarter mile of the Tangerine Road centerline (the "Target Area", as defined in the
Tangerine Road Corridor Specific Plan). Overlay District guidelines pertain to all uses in
the Corridor. Construction, addition to or remodeling of individual residences within the
Target Area shall require only observance of frontage tract and setback standards
(unless nonconforming building lines exist, in which case the Board of Adjustment may
consider granting a variance) and of non-access provisions.
2. Exceptions. Development plans, preliminary plats or final plats approved prior to the
Oro Valley Zoning Code Revised (Rev_12/98)
10-0.1
Sec. 10-002
TANGERINE CORRIDOR OVERLAY DISTRICT
adoption of this Ordinance and still in effect, and individual residences on single lots are
exempt from the requirements of this Article.
a. The adopted Rancho Vistoso PAD, having addressed, met or exceeded certain
standards of this Overlay District, is exempt from the following requirements of
this Ordinance: Section 10-004.A.1.; and Sections 10-005.A.2., 10-005.A.5; 10-
005.B.3., and 10-005.C.3, except that the allowances of B.3.b shall be
applicable.
b. The adopted Rancho Vistoso PAD design guidelines shall prevail, where they
conflict with the guidelines in Section 10-006. However, large expanses of glass
or other materials of high reflectivity should not be used. In addition, residential
developments, which may be impacted by noise from Tangerine Road, should
include the noise mitigation provisions of Section 10-006.
B. Conformance to General Plan
The Overlay District is intended as a refinement to the Oro Valley General Plan, in the form of
a regulatory specific plan with additional design guidelines. All development hereunder is
required to be consistent with the General Plan in accord with the Town of Oro Valley Zoning
Code Revised. It is, however, expressly intended that residential densities or intensities of
development may be averaged or clustered, with Town approval on any property where such
siting has the effect of further separating development from Tangerine Road or from sensitive
natural or cultural resources.
Any conflicts arising as a result of amendments to the General Plan, Tangerine Road Corridor
specific plan, or the text provisions of applicable, underlying zoning districts shall be resolved
in favor of the General Plan, unless interpreted otherwise in this Article.
Sec. 10-003 Application Requirements
Any application for land improvement within the Tangerine Road Corridor Overlay District target area,
or where specifically required elsewhere in the Corridor, shall be submitted for development review;
and, in the case of non-residential site plans, Planned Area Development, subdivision plats or other
development plans, shall include the submittals required in Articles 4-3, 4-4 and 4-5. The application
shall address:
A. Special Consideration
The application shall be accompanied by a statement with justification, describing any
requested waiver, such as exemption from visual analysis or increased building height; or
adjustment to otherwise applicable criteria, such as masterplanned developments flexibility.
B. Visual Analyses
Evaluation of scenic qualities is required for all development proposals within the Target Area,
unless expressly waived by the Planning and Zoning Director, except construction or
remodeling of an individual, single-family residence. Identification cf views, particularly the
immediate foreground of the subject property and significant background mountain view of the
Catalinas, Tortolitas and Tucson Mountains shall be undertaken for any proposal, including
Oro Valley Zoning Code Revised (Rev.12/98)
10—0.2
Sec. 10-003
TANGERINE CORRIDOR OVERLAY DISTRICT
rezonings or subdivision plats, on each development site with suggested methods for
alleviating adverse visual impacts of any structure visible from public rights-of-way on Tangerine
Road or other arterial street within the Corridor Target Area.
1. Viewshed Analysis A viewshed analysis of vistas across the site, including
any view corridors to the mountains, shall be prepared. A set of not fewer than
12 different photographs, taken from the roadway frontage corners of the property
and at intervals of not more than fifty feet between and properly labeled,shall be
submitted, as defined herein, to document existing visual resources on and
across the proposed development site.
2. View Preservation Plan. For non-residential developments with a proposed
F.A.R. (Floor Area Ratio) of .2 or g-eater and for any developments with building
heights proposed to exceed 18 feet from natural grade or proposed road profile
grade at the Tangerine Road property line, a sector map not less than 8 72x 11"
in size and narrative shall be provided, showing landscape features to be
preserved and describing methods which will be used to ensure aesthetic
compatibility of the proposed development.
The Planning Director may waive the View Preservation Plan requirements; or, in
the event that proposed structures exceed F.A.R. for height limits by more than
twenty percent (i.e., .24 F.A.R. or 21.6 feet in height) may require a second set
of the viewshed analysis photographs with proposed structures superimposed on
the existing landscape or accurate computer graphic renderings that depict
impacts to view corridors across the site as viewed from Tangerine Road or from
other arterial roadways in the Corridor. These exhibits shall demonstrate
methods for assuring that driveways, parking areas and structures are
constructed in a manner compatible with the natural terrain and scenic qualities
of the site.
C. Corridor Compliance
Oro Valley Zoning Code Revised (Rev.12/98)
10—0.3
Sec. 10-003
TANGERINE CORRIDOR OVERLAY DISTRICT
Narrative and illustrative materials shall be provided by the Applicant in response to the
regulations (standards) and guidelines (improvement e(pectations) contained in this Article
pertaining to the intended type and intensity of development. Mapping may be based on aerial
photographs or base maps, with overlays if desired, prepared at an appropriate scale to
illustrate the vegetation and other resources on the site, as well as proposed plans and
solutions.
1. At a minimum, the narrative statement shall include:
a. proposed use(s)and accessory use(s)
b. building height and bulk
c. principal building materials and colors
d. intended architectural theme
2. At a minimum, one or more graphic exhibits, not less than 11" x 17" in size, shall
depict locations of:
a. proposed structures, drives and parking areas
b. topography at 2' intervals
c. frontage tract and other areas where vegetation or other resources are to be
preserved.
Sec. 10-004 Tangerine/Arterial Frontage Tracts
As a means to assure safety through unimpeded traffic visibility with minimal distraction, separation
of travel modes, adequate stormwater drainage and other recommended traffic engineering
improvements, tract reservations in the nature of non-buildable, non-access easements are required
adjacent to all property lines abutting Tangerine Road or other arterial roadway rights-of-way in the
Corridor Target Area. The intent is to severely restrict direct access onto Tangerine Road or
intersecting arterial (within a specified distance from Tangerine); encouraging, instead, well-separated
side arterial access and internal loop circulation. These tracts serve the further purposes of providing
additional buffering from transportation facilities, preserving vegetation essential to the Corridor's
character and enhancing the value of private property.
All developments shall be responsible for reserving and maintaining tracts, as specified herein,
adjacent to the property lines abutting Tangerine Road and arterial roadway frontage within a distance
of 660 feet from the Tangerine Road right-of-way, unless otherwise specified.
A. Non-Development or Conservation Easements
The widths of tracts to be provided are as follows:
1. Tangerine Road. A tract of not less than twenty-five feet in width for Commercial
Developments located at arterial intersections and fifty feet in width for all other
developments shall be designated on all properties abutting Tangerine Road, measured
from the right-of-way. Crossing of the tract with roads, public or private, and driveways
(except for emergency vehicle access where required) is prohibited without the approval
Oro Valley Zoning Code Revised (Rev.12/98)
10—0.4
Sec. 10-004
TANGERINE CORRI DOR OVERLAY DISTRICT
of ADOT and the Town, and in no case shall such direct access crossing be less than
330 feet from an arterial intersection or less than 1,000 feet from another vehicular tract
crossing.
2. Arterial Roads. A tract not less than fifty feet in width beginning at the point of
intersection with the corresponding Tangerine Road tract and tapering to a width of not
less than ten feet at a point 660 feet from the Tangerine Road centerline shall be
designated on all properties abutting arterials in the Target Area, measured from the
arterial right-of-way.
Under special circumstances, such as restricted parcel dimensions, improved structural
massing or uneven topography, ADOT and the Town may approve reduction of the tract
to not less than 330 feet in length and 25 feet in width at the Tangerine tract. Crossings
of arterial tracts are prohibited.
3. Signage Permitted. Monument signs, as identification of adjacent non-residential
uses or directional guides to residential developments adjacent to, but not accessed
from, Tangerine Road, may be placed within the tract, subject to the approved
landscape plan which shall indicate minimum disturbance of existing vegetation.
4. Pathway Linkages Locations for trails or paths may be approved for placement within
the reserved area.
Oro Valley Zoning Code Revised (Rev.12/98)
10—0.5
Sec. 10-004
TANGERINE CORRIDOR OVERLAY DISTRICT
B. Vegetation/Landscape Standards
Significant vegetation is defined, for purposes of the Tangerine Corridor, as all saguaros or
groupings of existing plants that are unique in the context of the Corridor (such as Ironwood
forests), clusters of plant materials that provide visual screening, trees with trunk diameter
greater than six inches, measured at a point two feet above the ground, or a cluster of three or
more trees located within ten feet of each other with trunk diameters of more than two inches.
1. Preservation or Installation. Portions of the tract where all significant vegetation,
including understory, is preserved are not subject to additional landscape requirements.
Clearing of understory or trimming existing trees shall require
compliance with appropriate provisions of the Oro Valley Landscape Ordinance.
Revegetation plans may include alternative plant species (such as to provide vertical
screening)as approved by the Planning and Zoning Director.
Perimeter areas that are not vegetated with preserved natural landscaping shall be
revegetated, preferably with plant materials from the adjacent property, at a minimum
density of one tree per 1500 square feet and one shrub per 100 square feet.
2. Maintenance. Frontage tract areas shall be maintained by the property owner or
property owners'association.
C. Berms
Where existing vegetation is minimal or has been disturbed, earthen berms, or portions of
earthen berms, may be placed in frontage tracts for purposes of traffic noise attenuation or
Section 10-005.A.4. screening requirements.
Oro Valley Zoning Code RevisedI 0—
0.6 (Rev.12/98)
Sec. 10-004
TANGERINE CORRIDOR OVERLAY DISTRICT
D. Drainage Facilities
Natural materials, such as river rock and vegetative groundcover, shall be required for lining
drainage structures placed reserved tract areas unless other materials are approved by the
Planning and Zoning Administrator and the Town Engineer. All such drainage structures shall
be designed and installed to accommodate ultimate roadway design plans.
E. Utility Easements
Provisions for utilities may be included in separate easements within the frontage tract upon
approval of the Town. Utility providers shall be required to keep disturbance of natural
vegetation to a minimum during the installation or maintenance of their facilities and to restore
vegetation in a manner consistent with requirements for adjacent property owners. Future
power lines carrying 45kV or less shall be installed underground. Development plans for
properties abutting arterial intersections shall provide conduit for future intersection lighting
requirements.
Sec. 10-005 Tangerine Road Corridor Overlay district Use Provisions
General types of land use as anticipated for the Corridor in the Oro Valley General Plan (Residential,
Commercial, Employment/Institutional) are provided additional distinctions for their applicability in
conjunction with underlying zoning district use regulations. Resort or other non-residential uses not
covered by these provisions may be considered in accord with Commercial regulations. The Overlay
District, in requiring the reservation of frontage tracts, Sec. 10-004, carries further expectation that
existing vegetation shall be preserved or otherwise be revegetated with specimens from the disturbed
areas on the subject site to maintain native plant material along all Tangerine Road property lines.
Pathway linkages are to be provided within each development and connecting with pathways, trails or
bike lanes paralleling or otherwise linking to Tangerine Road.
A. Residential Development Regulations
Construction in any residential zoning classification shall comply with the following provisions
in addition to the applicable regulations of the underlying zoning district:
1. Roadway Access. Direct access to Tangerine Road or to an intersecting arterial
roadway within 600 feet of the Tangerine right-of-way is prohibited for any future
development without the express approvals of the Town and ADOT (see Section 10-
004.A.1. and 10-004.A.2). The intent is to eliminate curbcuts from Tangerine Road's
parkway improvements, affording access only from streets intersecting with Tangerine
or approved circulation roadways and/or frontage roads provided with
acceleration/deceleration lanes accessing the major roadway.
2. Required Setbacks. Setback standards of the applicable, underlying zoning district
shall be provided in addition to the reserved easement tract. Undulating setback
distances may be approved in planned developments to provide variety and visual
interest.
Oro Valley Zoning Code Revised (Rev.12/911)
10—0.7
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Scale. NO SCALE Public Works
Approved: TANGERINE ROAD-NORTH SIDE
City Engineer TUCSON E L E C T R I C POWER C O. Project #0V30 - 99/00 09
G.H. ARCD CONSULTING, INC.
Real Estate1 `151617787
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Mr Bill Schlesinger, h` � '
�£o£e�
Manager Civil Engineering ti
Catalina Engineering Inc.
180 W. Magee#104
Tucson AZ 85704
Re: Range of values for TEP site at Tangerine and Copper Mountain Drive
Dear Bill:
You asked me to give you a range of values for the 9.12--acre TEP site at Tangerine and Copper
Mountain Drive. The information herein is preliminary only,without any in-depth analysis of
possible severance damages as a consequence of any acquisition.
The parcel is currently zoned R1-144, with a range of value between$60,000 to $75,000 per acre.
Thus,the cost of acquisition for 100,000 square feet would be approximately$138,000 to $172,000.
This estimate does not consider any possible rezoning of thero er ,or anypotential impact
p P tYact p
on the existing TEP facility.
I hope this is of help to you. If you have any questions, please feel free to contact me. Thank you.
S incer;.ly,
•
GEO 'GE 'ARC A
PRE.IDENT
GHG: bb
xc: Paul Nzomo
(520)326-2200 • 3444 N.Country Club Rd.,Suite 100 • Tucson,Arizona 85716 • Fax (520)326-0773
Tucson Electric Pouer campan y
4350 E.Irvington Rd.
Mailing Address: PO Box 711
Mail Stop OH-123
Tucson, Arizona, 85702
Marketing&Regulatory Services
Telephone(520)745-3425
Fax(520)571-4106
4/18/02
Paul Nzomo
Engineering Division Manager
11000 N.La Canada Drive
Oro Valley, Arizona 85737
RE: New Electrical Feeder Construction along Tangerine Rd. (13.8kV)
Dear Mr.Nzomo,
Thank you for meeting with us to discuss the various projects in the Town of Oro Valley(TOV). I believe that we
have reached a fair compromise regarding the undergrounding of electrical distribution lines. The Rancho Vistoso
Substation Feeder Project illustrates the provisions of that compromise.
As you know, our standard construction configuration for a distribution feeder is overhead construction. TEP
recognizes that TOV has an underground construction ordinance. To meet the ordinance and reach a fair
compromise,TEP shall allocate funds to an underground project that we normally would have expended for the
overhead construction. TOV would be required to finance the remainder of a new feeder project. The basic formula
is as follows:
Underground construction cost—TEP's normal overhead construction cost=TOV cost
Attached is a drawing for new feeders along Tangerine Road that originate at our Rancho Vistoso Substation and
terminate just east of Oracle road. Each section of construction has the total cost, the TEP cost, and the TOV cost.
Please note that due to unknown variables at this time(cut&fill elevations,final route location, and other design
details), these costs are our best estimates. These costs give us a known order of magnitude such that we can proceed
with an agreement. The final costs shall be the actual costs expended on the project and shall be allocated as
described above.
Please review the drawing and feel free to contact me with any questions you may have.
Best regards,
Art Fregoso
Account Manager
CC: S. Rugel;L. Snook; G.Kelly;V. Agnew;M. Mead;L. Aitken
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RESOLUTION NO. (R) 02-
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY,ARIZONA,AUTHORIZING AND
EXECUTING THE COST SHARING AGREEMENT BETWEEN
THE TOWN AND TUCSON ELECTRIC POWER FOR A NEW 13.8
KV ELECTRICAL SERVICE TO RANCHO VISTOSO
NEIGHBORHOODS 3 AND 4.
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona,
and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights,
privileges, benefits and is entitled to the immunities and exemptions granted
municipalities and political subdivisions under the Constitution and laws of the State of
Arizona and the United States; and
WHEREAS,the current roadway improvements to Tangerine Road, which are necessary
for the Town to provide for the public health, safety, and welfare of the residents of the
Town, require the under-grounding of an electrical line which is the subject of this
Resolution; and
WHEREAS, the Town is desirous of entering into a Cost Sharing Agreement with
Tucson Electric Power ("TEP") for sharing in the cost of under-grounding of the new
13.8 KV electrical line ("Electrical Line") to connect the TEP substation to the TEP
service distribution hub so that Rancho Vistoso Neighborhoods 3 and 4 may be
connected to that hub, attached hereto as Exhibit "A" and incorporated herein by this
reference; and
WHEREAS, the TEP substation is located at ,
and the TEP service distribution hub is located at ,
and
WHEREAS,the Oro Valley Zoning Code Revised § 4-714 requires under-grounding of
certain electrical services serving subdivisions, however, does not require the under-
grounding of an electrical line under the unique circumstances surrounding the
improvements to Tangerine Road; and
WHEREAS,the Oro Valley Zoning Code Revised § 10-004 (E),the "Tangerine Overlay
District," does require the under-grounding of an electrical line, but does not address who
is responsible for cost of that under-grounding under the unique circumstances
surrounding the improvements to Tangerine Road; and
WHEREAS,the current tariff of TEP approved by the Arizona Corporation Commission
does not permit TEP to charge its customers for that under-grounding; and
TEP Office of the Oro Valley Town Attorney/jna/sib 5.22.2002
r
WHEREAS,the Mayor and Council find that the responsibility for payment of the
Electrical Line, proposed to be under-grounded by virtue of this Resolution, is not
specifically addressed in the applicable Codes of the Town of Oro Valley; and
WHEREAS,the Mayor and Council desire to facilitate the under-grounding of the
Electrical Line, under the unique circumstances surrounding the necessity of this
Resolution, without setting a precedent under which the Town may be held responsible
for future under-grounding of electrical lines; and
WHEREAS, it is in the best interest of the Town to authorize and execute the Cost
Sharing Agreement with TEP, attached hereto as Exhibit "A" and incorporated herein by
this reference, for sharing in the cost of under-grounding of the new 13.8 KV Electrical
Line to connect the TEP substation to the TEP service distribution hub so that Rancho
Vistoso Neighborhoods 3 and 4 may be connected to that hub.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, Arizona, that the Cost Sharing Agreement between the Town of Oro Valley
and Tucson Electric Power relating to the sharing in the cost of under-grounding of the
new 13.8 KV Electrical Line to connect the TEP substation to the TEP service
distribution hub so that Rancho Vistoso Neighborhoods 3 and 4 may be connected to that
hub, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby
approved.
BE IT FURTHER RESOLVED that the that the Mayor and any other administrative
officials of the Town of Oro Valley are hereby authorized to take such steps as are
necessary to execute and implement the terms of the Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this day of , 2002.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Dan L. Dudley, Town Attorney
TEP Office of the Oro Valley Town Attorney/jna/sib 5.22.2002
EXHIBIT A
COST SHARING AGREEMENT
TEP Office of the Oro Valley Town Attorney/jna/sib 5.22.2002
, F. ANN RODRIGUEZ, RECORDER 'S ` DOCKET: 11433
RECORD^: BY: MSA °�PIPAGE:
957
DEPUTY RECORDER i . 7C8
NO OF PAGES: 31
5132ROOC y SEQUENCE: 20002290251
CCCLK , 11/28/2000
TUCSON CLTY CLERK 1 IZpIP AG 11:54
255 W ALAMEDA
TUCSON AZ 85701 PICKUP
AMOUNT PAID $ 20.00
CITY CLER FILE NOTE:
This document is being re-recorded
Due to correction of scrivener's error.
i (5/22101:dd) FRANCHISE AGREEMENT
P• , ELECTRIC DISTRIBUTION AND TRANSMISSION FRANCHISE
A FRANCHISE TO TUCSON ELECTRIC POWER COMPANY, AN ARIZONA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT,
PRIVILEGE, AND FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE
UPON, OVER, ALONG, ACROSS, AND UNDER SPECIFICALLY
ENUMERATED STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, AND
OTHER RIGHTS-OF-WAY IN THE CITY OF TUCSON, ARIZONA, ELECTRIC
LINES, TRANSMISSION, AND DISTRIBUTION SYSTEM AND NECESSARY
APPURTENANCES FOR THE PURPOSE OF SUPPLYING ELECTRICITY, TO
THE CITY AND ITS SUCCESSORS, THE INHABITANTS THEREOF, AND
PERSONS AND CORPORATIONS WITHIN THE LIMITS THEREOF; AND
PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS.
SECTION 1. DEFINITIONS.
For the purposes of this Agreement, the following terms, phrases, words, and
their derivatives shall have the meanings given in this Section. When consistent with
the context, words used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number include the
plural number. The word "shall" is mandatory and "may" is permissive. Words not
defined in this Section or in A.R.S. §§ 40-201, et seq., shall be given their generally
accepted meaning in the electric utility industry.
1. "Agreement" means this Franchise Agreement;
.r:
2. "Board" means the Dispute Resolution Board;
3. "City" means the City of Tucson;
4. "Committee" means the Utility Planning and Coordinating
Committee;
5. "Company" means Tucson Electric Power Company, a corporation
organized and existing under and by virtue of the laws of the State of Arizona, its
successors, and assigns;
EXHIBIT 1 TO ORDINANCE NO. 11.22_
(b) Permit Requirement in Emergency Situations. Notwithstanding
Subsection (a), if the Company is required to make repairs in compliance with Federal
and/or State codes that are of an emergency nature, the Company shall notify the City
prior to such repairs, if practicable, and shall obtain the necessary permits in a
reasonable time after notification.
SECTION 21. UNDERGROUNDING.
(a) In General. Subject to Subsection (c), in any area where the Company is
not already required, pursuant to federal, State, or local law or agreement, to place its
transmission or distribution lines underground, in any new construction or relocation of
aerial transmission or distribution lines, the City may require the Company to place such
lines underground if the City pays the difference between the cost of placing such lines
underground and the cost of placing them aerially.
(b) City Projects. In the design and construction of any City project, the
Company shall, at the p
City's option, relocate existing aerial lines underground. The
Company shall provide to the City a design and an itemized cost estimate for such
undergrounding. Subject to Subsection (c), the City shall pay all costs associated with
the undergrounding required by this Subsection except for the Company's electrical
engineering costs for design and cost estimate for such undergrounding.
(c) Exception to Undergrounding. The Company shall be required to place
new aerial transmission or distribution lines underground only when such placement is
feasible for technical or system reasons. Such reasons cannot include the monetary
.-z
cost of the proposed undergrounding project.
21
(d) Joint Use of Trenches. In the construction of new underground Facilities
or the relocation of existing aerial Facilities underground, the Company shall notify all
Members of the Committee within a reasonable amount of time prior to construction.
Any Member of the Committee shall be permitted to co-locate its utility system, lawfully
permitted in the Right-of-way, in the proposed underground location upon such
reasonable terms and conditions as the Company may require.
(e) Moratorium on Relocations. If the Company undergrounds a transmission
or distribution line pursuant to Subsections (a) or (b) or Section 18(a), the Company
shall not be required to pay any cost for relocating such line for a period of ten (10)
years after completion of such undergrounding.
SECTION 22. CITY ACCESS TO COMPANY INFRASTRUCTURE.
(a) In General. The Company shall, without cost to the City, permit the use
by the City of space in excess of the Company's existing or projected requirements
upon its Facilities for Wires for fire alarm, police, and communications purposes of the
City. The Company shall furnish, string on the available space on its poles, and draw in
and maintain in the available space its conduits and subways of the Company, all Wires
and fixtures necessary for fire alarm, police, and communication purposes of the City.
The City shall pay the Company's actual cost for providing access to its infrastructure
under this Section.
(b) City Access to Company Underground Facilities. Whenever the Company
proposes to install new underground conduits or replace existing underground conduits
k
within or under the Right-of-way, it shall notifythe Cityas soon as reasonableprior to
such construction and shall allow the City, at its own expense and without charge to the
22