Resolution R23-04-04

City of El Mirage — Regular Meeting (2023-04-18)

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RESOLUTION R23-04-04 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF EL MIRAGE, 
ARIZONA, AMENDING TITLE XV, SECTION 151.141, AND ADDING TITLE XV, SECTIONS 
151.141 TO 151.145 TO THE CODE OF THE CITY OF EL MIRAGE.   
 
 
 
 
WHEREAS, the Mayor and City Council have adopted Title XV of the City Code to provide rules and 
regulations regarding development within the City including Chapter 151 “Public Rights-of-Way; 
Encroachments”; and 
 
 
WHEREAS, several Sections within this Chapter discuss the requirements for the installation of various 
utilities within the City; and 
 
WHEREAS, the City of El Mirage would like to add Sections to provide specific requirements for high-
voltage electric transmission lines; and 
 
WHEREAS, Arizona Revised Statutes § 9-802 provides a procedure whereby a municipality may enact 
the provisions of a code or public record by reference, without setting forth such provisions, provided that the 
adopting ordinance is published in full; 
 
 
 
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of El Mirage, Arizona 
that the City of El Mirage City Code be amended as follows: 
 
Section 1.   That the document attached hereto as Exhibit “A” amending Sections 151.141 and adding Sections 
151.141 to 151.145 to the City Code to provide requirements for high-voltage electric transmission 
lines under the discretion of City Council is hereby declared to be a public record.     
 
Section 2.   That the document attached hereto as Exhibit “A”, shall be added to Section 151 of the City Code 
in its entirety and is ordered to remain on file with the City Clerk.   
 
PASSED AND ADOPTED by the Mayor and Council of the City of El Mirage this 18th day of April 18, 
2023. 
 
 
_____________________________ 
       Alexis A. Hermosillo, Mayor 
 
 
ATTEST: 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
________________________________ 
____________________________ 
Sharon Antes, City Clerk 
 
 
 
       Justin Pierce, City Attorney

EXHIBIT “A” 
RESOLUTION R23-04-04 
 
Title XV, Chapter 151: “Public Rights-of-Way; Encroachments”, Section 001 Definitions: 
the following shall be added: 
 
§ 151.001 DEFINITIONS. 
 HIGH-VOLTAGE ELECTRIC TRANSMISSION LINE. A power line that carries high voltage between 
a generating plant and a substation. These lines are usually 60 Kilovolts (kV) and greater, and are 
considered hazardous. Lines with capacity of 12-60 kV and above are considered high voltage. High 
voltage lines do not include local distribution and service lines.  
Title XV, Chapter 151: “Public Rights-of-Way; Encroachments”, Sections 141 - 145: the 
following shall be added: 
 
HIGH-VOLTAGE ELECTRIC TRANSMISSION LINES 
 
§ 151.141 SETBACKS FOR OCCUPIED RESIDENTIAL BUILDINGS. 
 
   High-Voltage Electric Transmission Lines shall be set back from the nearest occupied residential 
building a distance not less than three times the height of the tower. The setback distance shall be 
measured from the center of the tower base to the nearest point on the foundation of the occupied 
residential building. 
 
   High-Voltage Electric Transmission Poles that are visible from residential areas shall have colors 
that are predominant within the surrounding landscape, such as desert and earth tones. A buffer area 
one hundred feet wide, adjacent to the ultimate right-of-way line, is required and shall be landscaped 
with mature vegetation. 
 
§ 151.142 PROPERTY LINES. 
 
   All High-Voltage Electric Transmission Lines shall be set back from the nearest property line a 
distance of not less than 2.5 times the height of the tower. The setback distance shall be measured to 
the center of the tower base. 
 
§ 151.143 PUBLIC ROADS. 
 
   All High-Voltage Electric Transmission Lines shall be set back from the nearest public roadway a 
distance of not less than 1.5 times the tower height, as measured from the right-of-way line of the 
nearest public roadway to the center of the tower base. 
 
§ 151.144 HIGH-VOLTAGE ELECTRIC TRANSMISSION LINES. 
 
   High-Voltage Electric Transmission Lines must comply with applicable FAA regulations, including 
any necessary approvals for installations close to airports. 
 
§ 151.145 WAIVER OF SETBACKS. 
 
   Upon application, the City may waive the setback requirement for public roadways for good cause.