Chapter 12.40 UNDERGROUND UTILITY DISTRICTS

For the purpose of this article certain words and phrases shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended.

(a) “City Manager” means and includes the City Manager and such other officer or employee of the City as may be designated by the City Manager.

(b) “Main circuits” means and includes circuits operated in excess of seven hundred fifty (750) volts.

(d) “Person” means and includes any person, firm, partnership, association, corporation, public utility, organization or business trust.

(e) “Premises” means and includes any parcel or real property, including buildings and/or other structures thereon.

(f) “Pole” means and includes any pole or other structure used for the support of wires.

(g) “Serving company” means the person supplying the electrical service for electric light, heat, power, telephone, telegraph or other purpose.

(h) “Wire” means and includes any wire, cable, conductor or other device or apparatus by, through, over or by means of which electricity is, has been or may be transmitted, conducted or conveyed for the purpose of electric light, heat, power, telephone, telegraph or other purpose. (Ord. 1070. Formerly § 30A-1).

12.40.020 Council may designate underground districts.

Whenever it finds that the public health, safety or welfare requires that poles and overhead wires be prohibited within any area of the city, and that existing poles and overhead wires, if any be removed from such area, the City Council may, by ordinance, declare such area an underground district. The Council shall, in the ordinance designating the underground district, describe the district, and if poles or overhead wires are to be removed therefrom, specify a reasonable time on or before which such existing poles and overhead wires, if any, must be removed from said district. (Ord. 1070. Formerly § 30A-2).

12.40.030 Poles and overhead wires – Unlawful to keep, maintain, etc.

It shall be unlawful, after the time specified for removal of poles and overhead wires in an ordinance designating an underground district, for any person to keep, maintain, continue, use, operate or employ within such underground district, any poles or overhead wires, or to authorize or permit such action; and all such poles and all such overhead wires within such an underground district after the time specified for removal of the same shall be deemed and become public nuisances. (Ord. 1070. Formerly § 30A-3).

12.40.040 Poles and overhead wires – Unlawful to erect, install, etc.

It shall be unlawful, after designation of an underground district, for any person to erect, install, extend or construct any pole or overhead wire within an underground district, or to authorize or permit such action; and any such poles or overhead wires erected, installed, extended or constructed within an underground district after the effective date of the ordinance designating the same, shall be deemed and become public nuisances. (Ord. 1070. Formerly § 30A-4).

12.40.050 Notice to serving companies.

Upon adoption by the City Council of an ordinance designating any area in the City as an underground district and specifying the time on or before which poles and overhead wires must be removed from such district, the City Manager shall give to any and all serving companies owning, maintaining, operating, using or controlling any poles or overhead wires in the district, written notice to remove such poles and wires from the district on or before the time specified in the ordinance. Such notice may be given at any time after adoption of said ordinance but no later than the tenth day immediately following the effective date of said ordinance, the time on or before which said company is required to remove said poles and wires shall be automatically extended for a time equivalent to the time elapsing between the tenth day after the effective date of said ordinance and the date said notice is given. Each said notice shall be given either by delivering the same personally to the office of the serving company, or by depositing it in the United States mail, postage prepaid, in an envelope addressed to the company. (Ord. 1070. Formerly § 30A-5).

12.40.060 Notice to owners, etc.

Upon adoption by the City Council of an ordinance designating any area in the City as an underground district and specifying the time on or before which poles and overhead wires must be removed from such district, the City Manager shall give to each person who owns, possesses or is in control of any premises in such district, wherein are situated any poles or overhead wires, written notice to remove such poles and wires from such premises, or, if such poles and wires are not owned, possessed or controlled by such person, written notice to permit and cause the serving companies or other persons controlling or using said poles and wires, to remove the same, on or before the time specified by the City Council in its said ordinance. Such notices shall be given in the time and manner provided in SCCC 12.40.050 for giving of notices to serving companies. (Ord. 1070. Formerly § 30A-6).

12.40.070 Failure by owner of premises to remove.

In the event that the owner or other person in possession or control of any premises in an underground district should fail to remove or to cause or permit the removal of poles and overhead wires from such premises, as required by this article the City Manager shall order the serving company or companies to disconnect such services as they may extend to said premises by way of such poles and overhead wires, and said companies shall thereupon disconnect such service. (Ord. 1070. Formerly § 30A-7).

12.40.080 Exceptions – Temporary poles and overhead wires.

Notwithstanding any of the provisions of this article, in cases of emergency or where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article, the City Manager, subject to approval by the Council, may grant special permission to any person to erect, install, maintain, use or operate in conformity with the applicable provisions of the Santa Clara Electrical Code and the applicable rules and regulations promulgated by, or filed with and approved by the California Public Utilities Commission, any pole or overhead wire within any designated underground district for such period of time as may be reasonable in the circumstances. At the expiration of the period of time specified in any such special permit, the permittee therein, if said permittee has not already done so, shall forthwith remove said poles and overhead wires. (Ord. 1070. Formerly § 30A-8).

12.40.090 Exception – Main circuits and main communication lines.

Overhead wires of main circuits and main communication lines crossing through an underground district shall be exempt from the provisions of this article, provided the poles supporting the same are not situated within an underground district. (Ord. 1070. Formerly § 30A-9).

12.40.100 Exception – Poles for street lighting, fire alarms, etc.

Poles used for street lights, fire alarm boxes, or other similar municipal equipment shall be exempt from the provisions of this article. (Ord. 1070. Formerly § 30A-10).

12.40.110 Exceptions – Council may make exceptions.

In any ordinance designating and declaring an underground district, the Council may, whenever it finds and determines that the public convenience and necessity so require, provide that certain existing poles and/or overhead wires within such underground district shall be exempt from the provisions of this article. (Ord. 1070. Formerly § 30A-11).

12.40.120 Findings.

The Council of this City of Santa Clara finds, determines, and declares that the public health, safety, and welfare require that the poles and overhead wires be prohibited within the areas hereinafter designated as underground districts, and that existing poles and wires, if any, be removed from such areas and districts on or before the dates specified in the section designating such district. (Ord. 1070; Ord. 1075. Formerly § 30A-12).

12.40.130 University Project Underground District.

The following territory, hereby named the University Project Underground District, is hereby designated as an underground district, to wit:

All that real property situated in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

Beginning at the centerline intersection of Lafayette and Liberty streets;

Thence northwesterly along the centerline of Lafayette Street (75 feet wide) 750.60 feet more or less to its intersection with the centerline of Benton Street (70 feet wide);

Thence southwesterly along the centerline of Benton Street 1463.85 feet more or less to its intersection with the centerline of Monroe Street (70 feet wide);

Thence southeasterly along the centerline of Monroe Street 747.50 feet more or less to its intersection with the centerline of Liberty Street (70 feet wide);

Thence northeasterly along the centerline of Liberty Street 1498.80 feet more or less to its intersection with the centerline of Lafayette Street and the point of beginning.

The streets are all as shown on a map of the Town of Santa Clara, California recorded in Map Book “B,” page 103, in the Official Records of the Santa Clara County Recorder’s Office, California.

Any and all poles and overhead wires situated within the boundaries of the hereabove described district shall be removed from said district on or before the first day of January, 1966. (Ord. 1070. Formerly § 30A-13.1).

12.40.140 Civic Center Underground District.

The following territory, hereby named the Civic Center Underground District, is hereby designated as an underground district, to wit:

All that real property situated in the City of Santa Clara, County of Santa Clara, State of California, more particularly described as follows:

Beginning at a southwest corner of that certain 0.582 acre parcel of land as shown on that Record of Survey filed for record in the Office of the County Recorder, Santa Clara County, California in Book 103 of Maps at page 23, said Point of Beginning being on the northerly line of Warburton Avenue (formerly Wistar Street – 70 feet wide);

Thence S 0° 18′ 50′′ E, 70.00 feet to the intersection with the southerly line of said Warburton Avenue;

Thence following said southerly line of Warburton Avenue the following courses:

N 89° 41′ 10′′ E, 110.00 feet to a point of curvature with a 535.00 foot radius curve to the left;

Thence along the arc of said 535.00 foot radius curve through a central angle of 32° 20′ 04′′ an arc length of 301.92 feet to a point of reverse curvature with a 465.00 foot radius curve to the right;

Thence along the arc of said 465.00 foot radius curve through a central angle of 32° 28′ 44′′ an arc length of 263.59 feet to the point of tangency;

Thence along the tangent to last said curve N 89° 49′ 50′′ E, 166.13 feet to a point of curvature with a 565.00 foot radius curve to the right;

Thence along the arc of said 565.00 foot radius curve through a central angle of 29° 14′ 57′′ an arc length of 288.43 feet to the point of tangency;

Thence following the tangent to last said curve S 60° 55′ 13′′ E, 8.94 feet to a point of curvature with a 30.00 foot radius curve to the right;

Thence along the arc of said 30.00 foot radius curve through a central angle of 90° 00′ an arc length of 47.12 feet to the point of tangency, said point of tangency being on the westerly line of Lincoln Street (90 feet wide);

Thence following said westerly line of Lincoln Street, or a prolongation thereof, the following courses:

S 29° 04′ 47′′ W, 20.00 feet to a point of curvature with a 585.00 foot radius curve to the left;

Thence along the arc of said 585.00 foot radius curve through a central angle of 26° 00′ 00′′ an arc distance of 265.47 feet to a point of compound curvature with a 843.74 foot radius curve to the left;

Thence along the arc of said 843.74 foot radius curve through a central angle of 25° 50′ 11′′ an arc length of 380.47 feet to the point of tangency;

Thence S 22° 45′ 24′′ E, 268.93 feet;

Thence, leaving said prolongation of the westerly line of Lincoln Street, S 65° 40′ 40′′ W, 5.20 feet to the westerly line of said Lincoln Street (102 feet wide);

Thence, following last said westerly line of Lincoln Street, S 24° 19′ 20′′ E, 315.25 feet to a point distant 60.00 feet measured at right angles from the centerline of El Camino Real (60 feet wide) as shown on the Official Plan Line Map of El Camino Real recorded in Book 2 of Official Plan Line Maps at page 141 therein;

Thence, leaving said westerly line of Lincoln Street, N 78° 36′ 52′′ E, 104.66 feet to the intersection with the easterly line of said Lincoln Street (102 feet wide);

Thence following said easterly line of Lincoln Street N 24° 19′ 20′′ W, 193.24 feet to a point of curvature with a 40.00 foot radius curve to the right;

Thence along the arc of said 40.00 foot radius curve through a central angle of 123° 30′ 46′′ an arc distance of 86.23 feet to a point of reverse curvature with a 788.00 foot radius curvature to the left, last said point being on the southerly line of Civic Center Drive (formerly Scott Street, 70 feet wide);

Thence along the arc of said 788.00 foot radius curve through a central angle of 33° 23′ 16′′ an arc length of 459.18 feet to the point of tangency;

Thence along the tangent to last said curve N 65° 48′ 10′′ E, 0.27 feet;

Thence N 24° 18′ 20′′ W, 756.17 feet;

Thence N 65° 42′ 30′′ E, 86.84 feet to a point on a 630.00 foot radius curve;

Thence from a tangent bearing N 89° 49′ 39′′ E, along the arc of last said 630.00 foot radius curve to the left through a central angle of 1° 43′ 41′′ an arc length of 19.00 feet;

Thence N 24° 20′ 25′′ W, 71.03 feet to the intersection with the northerly curved line (565.00 foot radius) of said Warburton Avenue;

Thence following the said northerly curved line of Warburton Avenue to the right from a tangent bearing N 89° 08′ 43′′ W, through a central angle of 28° 13′ 30′′ an arc distance of 278.33 feet to the point of tangency;

Thence, continuing to follow the said northerly line of Warburton Avenue, the following courses:

N 60° 55′ 13′′ W, 232.08 feet along the tangent to last said curve to a point of curvature with a 635.00 foot radius curve to the left;

Thence along the arc of said 635.00 foot radius curve through a central angle of 29° 14′ 57′′ an arc length of 324.16 feet to the point of tangency;

Thence along the tangent to last said curve S 89° 49′ 50′′ W, 166.13 feet to a point of curvature with a 535.00 foot radius curve to the left;

Thence along the arc of last said 535.00 foot radius curve through a central angle of 32° 28′ 44′′ an arc distance of 303.27 feet to a point of reverse curvature with a 465.00 foot radius curve to the right;

Thence along the arc of last said 465.00 foot radius curve through a central angle of 32° 20′ 04′′ an arc length of 262.42 feet to the point of tangency;

Thence along the tangent to last said curve S 89° 41′ 10′′ W, 110.00 feet to the point of beginning.

Any and all poles and overhead wires situated within the boundaries of the hereinabove described district shall be removed from said district on or before the first day of October, 1964. (Ord. 1075. Formerly § 30A-13.2).

12.40.150 Stevens Creek Boulevard Underground District.

The following territory, hereby named the Stevens Creek Boulevard Underground District, is hereby designated as an underground district, to wit:

All that real property situated in the City of Santa Clara, County of Santa Clara, State of California, hereinafter designated Parcels A, B, C, D, E and F and more particularly described as follows:

PARCEL A

Beginning at a granite monument marking the intersection of the monument line of Stevens Creek Boulevard with the centerline of North Winchester Boulevard; said intersection is 1/4 section corner between Sections 14 and 15, Township 7 South, Range 1 West, M. D. B. & M;

Thence northerly along said centerline of North Winchester Boulevard 93 feet, more or less, to the intersection thereof with a line parallel to and distant northerly 93.00 feet from the aforesaid monument line of Stevens Creek Boulevard;

Thence easterly following said parallel line 995 feet, more or less, to the intersection of said parallel line with the westerly boundary of that certain parcel of land conveyed to Pioneer Investors Savings and Loan Association, a corporation, by deed recorded in the Office of the County Recorder of Santa Clara County, California, in Book 3472 of Official Records at page 456 therein;

Thence southerly at right angles to said parallel line, 93 feet to a point in the aforesaid monument line of Stevens Creek Boulevard;

Thence westerly along said monument line 926 feet, more or less, to the easterly line of Winchester Boulevard;

Thence southerly 60 feet, more or less, along said easterly line to the intersection with a line parallel to and distant southerly 60.00 feet from the aforesaid monument line of Stevens Creek Boulevard;

Thence westerly along last said parallel line 68 feet, more or less, to the centerline of said Winchester Boulevard;

Thence northerly along said centerline of Winchester Boulevard 60 feet, more or less, to the point of beginning.

The easterly boundaries and the principal southerly boundary of the herein described Parcel A beginning coincident with westerly and northerly boundaries of that certain parcel of land designated Parcel No. 1 of the Stevens Creek Underground District created by Ordinance No. 11518 of the City of San Jose, California.

PARCEL B

A uniform strip of land 135 feet wide and 2,445 feet, more or less, in length extending northerly 75 feet and southerly 60 feet measured at right angles from the monument line of Stevens Creek Boulevard;

Being bounded on the east by the centerline of Winchester Boulevard and North Winchester Boulevard, said centerline being the westerly boundary of Parcel A described above; and

Being bounded on the west by the easterly line of Tyler Avenue (and the southerly prolongation thereof) as said avenue is shown on the map of Tract No. 323, Sweethome Manor, recorded in the Office of the aforesaid County Recorder in Book 2 of Maps at page 49 therein.

The southerly boundary of the herein described Parcel B is coincident in part with the northerly boundary of that certain parcel of land designated Parcel 2 in aforesaid Ordinance No. 11518 of the City of San Jose, California.

PARCEL C

A uniform strip of land 90 feet wide and 398 feet long, more or less, extending northerly 30 feet and southerly 60 feet measured at right angles from the monument line of Stevens Creek Boulevard;

Being bounded on the east by the southerly prolongation of the easterly line of Tyler Avenue described above as the westerly boundary of Parcel B; and

Being bounded on the west by the southerly prolongation of the easterly line of Cypress Avenue as said avenue is shown on the map of Tract No. 322, Bel Ayre Manor, recorded in the Office of the aforesaid County Recorder in Book 12 of Maps at page 14 therein.

The southerly boundary of the herein described Parcel C is coincident with a portion of the northerly boundary of that certain parcel of land designated Parcel 2 in the aforesaid Ordinance No. 11518 of the City of San Jose.

PARCEL D

A uniform strip of land 135 feet wide and 1,214 feet long, more or less, extending northerly 75 feet and southerly 60 feet measured at right angles from the monument line of Stevens Creek Boulevard;

Being bounded on the east by the easterly line of Cypress Avenue (and the southerly prolongation thereof) described above as the westerly boundary of Parcel C; and

Being bounded on the west by the westerly boundary (and the southerly prolongation thereof) of Lot 48, Tract No. 85, West San Jose Tract, as shown on the map of said tract recorded in the Office of the aforesaid County Recorder in Book 3 of Maps at page 32 therein.

The southerly boundary of the herein described Parcel D is coincident with a portion of the northerly boundary of that certain parcel of land designated Parcel 2 in the aforesaid Ordinance No. 11518 of the City of San Jose.

PARCEL E

A uniform strip of land 90 feet wide and 110 feet long extending northerly 30 feet and southerly 60 feet from the monument line of Stevens Creek Boulevard;

Being bounded on the east and west by the southerly prolongation of the easterly and westerly boundaries respectively of that certain 1.83 acre parcel of land conveyed to the County of Santa Clara, California, by deed recorded in the Office of the County Recorder of said County in Book 5128 of Official Records at page 1 therein.

The easterly boundary of the herein described Parcel E is coincident with the westerly boundary of Parcel D described above.

PARCEL F

A uniform strip of land 135 feet wide and 8,998 feet, more or less, in length extending northerly 75 feet and southerly 60 feet measured at right angles from the monument line of Stevens Creek Boulevard;

Being bounded on the east by the westerly boundary, and the southerly prolongation thereof, of that certain 1.83 acre parcel of land conveyed to the County of Santa Clara, California, by deed recorded in the Office of the aforesaid County Recorder in Book 5128 of Official Records at page 1 therein; and

Being bounded on the west by the easterly plan line of Lawrence Station Road as shown on the map of said road recorded in the Office of said County Recorder in Book 2 of Official Plan Line Maps at pages 98 and 99 therein.

The easterly boundary of the herein described Parcel F is coincident with the westerly boundary of Parcel E described above; the southerly boundary of said Parcel F is coincident with the northerly boundaries of Parcels 3, 4 and 5 in the aforesaid Ordinance No. 11518 of the City of San Jose.

Any and all poles and overhead wires situated within the boundaries of the hereinabove described district shall be removed from said district on or before the first day of September, 1964. (Formerly § 30A-13.3).

12.40.160 El Camino Real Underground District.

The following territory, hereby named the El Camino Real Underground District, is hereby designated as an underground district to wit:

All that certain tract of land, situated in the City of Santa Clara, County of Santa Clara, State of California, bounded on the west by the corporate limits line coincident with the westerly boundary of those certain lands annexed on Lawrence 1-D by Ord. No. 962 of said City, bounded on the east by the westerly line (or southerly prolongation thereof) of that certain 1.815 acre parcel of land shown and delineated upon Record of Survey filed for record in the Office of the County Recorder of said County, in Book 191 of Official Records on page 47 therein, and bounded on the north and south by lines drawn parallel to and distant (one north, one south) 75 feet measured at right angles from the centerline of El Camino Real as said centerline is shown on “Official Plan Line Map, El Camino Real, from Lawrence Station Road to Scott Boulevard,” filed for record in the Office of the said County Recorder in Book 2 of Official Plan Line Maps at pages 103 to 105 inclusive therein and “Official Plan Line Map, El Camino Real from Scott Boulevard to De La Cruz Overpass” filed for record in the Office of the County Recorder in Book 2 of Official Plan Line Maps at pages 141 and 142 therein.

Any and all poles and overhead wires situated within the boundaries of the hereinabove described district shall be removed on or before the fifteenth day of May, 1968. (Ord. 1137; Ord. 1156 § 1, 2-7-67. Formerly § 30A-13.4).

12.40.170 Kifer Underground District.

The following territory hereby named the Kifer Underground District, is hereby designated as an underground district, to wit:

All that real property situated in the City of Santa Clara, County of Santa Clara, State of California, hereinafter designated Parcels A, B, and C, and more particularly described as follows:

PARCEL A

A strip of land 40 feet wide, bounded on the east by the west line of Coffin Road, as said road is mentioned in Ordinance No. 731, City of Santa Clara, California, annexing to said City those certain lands designated as Kifer N. 1A; and bounded on the west by the northerly prolongation of the east line of those certain lands annexed as Jefferson No. 32 by Ordinance No. 1061, said City; and lying contiguous to the northerly of the following described line:

Beginning in the said west line of Coffin Road at the point of intersection thereof with a south line of those certain lands annexed as Jefferson No. 2 by Ordinance No. 679, said City (coincident here with the north line of Kifer Road as said road is mentioned in said Ordinance No. 679);

Thence following said south line of lands annexed as Jefferson No. 2, 1,390 feet more or less westerly to a point in the said prolongation of the east line of lands annexed as Jefferson No. 32.

PARCEL B

A strip of land 60 feet wide and 3,924 feet more or less in length, bounded on the east by the aforementioned east line of lands annexed as Jefferson No. 32, bounded on the west by the centerline of Lawrence Station Road, as same is mentioned in last said ordinance, and lying contiguous to and northerly of the southerly boundary of said lands annexed as Jefferson No. 32.

PARCEL C

A strip of land 40 feet wide and 2,555 feet more or less in length, bounded on the east by the aforementioned center line of Lawrence Station Road, bounded on the west by the west line, or prolongation thereof, of said lands annexed as Jefferson No. 32, and lying contiguous to and northerly of the said southerly boundary of last mentioned lands.

Any and all poles and overhead wires situated within the boundaries of the hereinabove described district shall be removed from said district on or before the first day of July, 1967. (Ord. 1138. Formerly § 30A-13.5).

12.40.180 Space Industrial Park Underground District.

The following territory, hereby named the Space Industrial Park Underground District, is hereby designated as an underground district, to wit:

All that real property situated in the County of Santa Clara, State of California within the following described boundaries:

Beginning at a point where the westerly line of the land of Pacific Gas and Electric Company intersects the northerly line of the frontage road on the north side of Central Expressway, said point of beginning being northerly along said westerly line 66.50 feet, more or less, from the northwesterly corner of Parcel “H” as shown on that certain Record of Survey recorded in Book 189 of Maps at Page 19 therein, in the Office of the County Recorder, Santa Clara County, California;

Thence westerly along said northerly line of the frontage road 2,271.23 feet, more or less, to the easterly line of Scott Boulevard;

Thence westerly along the extension of said northerly line of the frontage road 123.46 feet, more or less, to the westerly line of Scott Boulevard;

Thence southerly along said westerly line of Scott Boulevard 98.61 feet, more or less, to the northerly line of Central Expressway;

Thence westerly along said northerly line of Central Expressway 1,650.41 feet, more or less, to the easterly line of San Tomas Expressway;

Thence northerly along said easterly line of San Tomas Expressway and the extension thereof, 1,908 feet more or less, to the northerly line of Duane Avenue;

Thence easterly along said northerly line of Duane Avenue, 4,547.78 feet, more or less, to the northerly end of Pico Way;

Thence easterly along said northerly end of Pico Way, 39.85 feet to the easterly line of Pico Way;

Thence southerly along said easterly line of Pico Way, 299.24 feet, more or less, to the easterly extension of the northerly boundary of that certain parcel of land belonging to Pacific Gas and Electric Company known as the Kifer Substation;

Thence westerly along said easterly extension of the northerly boundary, said northerly boundary and the westerly extension of said northerly boundary 416 feet, more or less, to the first said westerly boundary of the land of Pacific Gas and Electric Company;

Thence southerly along said westerly boundary 936.32 feet, more or less, to the point of beginning;

Excepting therefrom all land lying within the Pacific Gas and Electric Company easements, 140 feet in width as described in documents recorded in Book 371 of Deeds at Page 451, Book 3098 at Page 26, Book 6024 at Page 43, Book 6047 at Page 93 and Book 6102 at Page 306, Records of the Santa Clara County Recorder.

Any and all poles and overhead wires situated within the boundaries of the hereinabove described district shall be removed on or before the first day of July, 1970. (Ord. 1183 § 1, 2-20-68. Formerly § 30A-13.6).

12.40.190 Shulman Avenue Underground District.

The following territory, hereby named the Shulman Avenue Underground District, is hereby designated as an underground district, to wit:

All that real property situated in the County of Santa Clara, State of California, within the following described boundaries:

All of those certain lands situated in the City of Santa Clara, California, consisting of a certain portion of Shulman Avenue and prolongation thereof, together with a fifteen (15) foot wide strip of land adjoining both the northerly and southerly sides of said avenue and lying within the boundary more particularly described below:

Beginning at a point in a line parallel to and 15 feet southerly measured at right angles from the southerly line of Shulman Avenue as said avenue is shown on the map of Tract 1821 filed for record in the Office of the County Recorder, Santa Clara County, California in Book 73 of Maps at pages 36 and 37; distant easterly along said parallel line 8 feet from the westerly line of Lot 3 of said Tract 1821;

Thence along said parallel line N 89° 45′ E, 830 feet, more or less, to the westerly line of Ronald Street as shown on said Tract 1821;

Thence S 87° 50′ 28′′ E, 488 feet, more or less, to a point in the Westerly line of Lot 15, Tract 412, a map of which is filed for record in said County Recorder’s Office in Book 22 of Maps at pages 2 and 3; said point lies 15 feet southerly of the northwest corner of said Lot 15;

Thence N 89° 44′ 25′′ E, 377 feet along a line parallel to and 15 feet southerly measured at right angles from the northerly boundary of said Tract 412 and the easterly prolongation thereof to a point in a line designated as an Official Plan Line of Lafayette Street, a map of which is filed for record in said County Recorder’s office in Book 3 of Official Plan Line Maps at pages 56 and 57; said Official Plan Line lies parallel to and 50 feet southwesterly measured at right angles from the centerline of Lafayette Street;

Thence following said Official Plan Line N 16° 42′ 01′′ E, 153 feet, more or less, to a point in a line parallel to and 15 feet northerly measured at right angles from the southerly line of the three parcels of land as shown on that certain Record of Survey filed for record in the Office of said County Recorder in Book 103 of Maps at page 38;

Thence S 89° 44′ 25′′ W, 335 feet along last said parallel line to a point in the westerly boundary of said Record of Survey; said point lies also in the easterly line of Lot 2 of aforesaid Tract 1821;

Thence S 86° 00′ 20′′ W, 487 feet, more or less, to a point in the westerly line of those lands conveyed to Shaw, et ux, by Deed filed in the Office of said County Recorder in Book 4229 of Official Records at page 68; last said point is the point of intersection of last said westerly line with a line parallel to and 15 feet northerly measured at right angles from the northerly line of aforesaid Shulman Avenue as shown on the map of said Tract 1821;

Thence following last said parallel line S 89° 45′ W, 740 feet, more or less, to a point in the easterly line of those lands conveyed to Gass, et ux, by Deed filed in Book 7281, of said Official Records in Book 381;

Thence along the arc of a tangent 15-foot radius curve to the right through a central angle of 70° 31′ 44′′ an arc distance of 18.46 feet to a point of reverse curvature;

Thence along the arc of a 90 feet radius curve to the left through a central angle of 76° 55′ 22′′ an arc distance of 120.83 feet to a point in a line parallel to and 8 feet easterly measured at right angles from the westerly line of Lot 2 and said Tract 1821;

Thence S 0° 12′ 00′′ W, 134.63 feet parallel with last said westerly line to the point of beginning.

Any and all poles and overhead wires situated within the boundaries of the hereinabove described district shall be removed on or before the thirty-first day of October, 1969. (Ord. 1198 § 1, 11-12-68; Ord. 1203 § 1, 2-4-69. Formerly § 30A-13.7).

12.40.200 Enforcement.

Any person, whether acting for himself or itself or for another person, who or which shall fail to comply with the provisions of this article or with the provisions of any notice authorized by the provisions of this article, shall be subject to the provisions of SCCC 1.05.070, which provides that the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this article as a criminal, civil, and/or administrative action. (Ord. 1070; Ord. 1531 § 13, 9-17-85. Formerly § 30A-14).

12.40.210 Severability.

If any section, subsection, sentence, clause, phrase or portion of the article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council of this City hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 1070. Formerly § 30A-15).

Article II. Underground Utility Districts Created on or after March 1, 1969

12.40.220 Alternative procedures applicable to districts created on or after March 1, 1969.

All underground utility districts established on or after March 1, 1969, may be established pursuant to the procedures contained in this Article II, which procedures are alternative to any other procedure from time to time available under the law. Nothing herein shall be deemed to supersede or control the provisions of SCCC Titles 17 or 18, under which the installation of underground utility facilities is required without the creation of an underground utility district, nor is anything herein to be construed so as to preclude the City from establishing any such districts under any special assessment procedures, or otherwise. (Ord. 1242 § 1, 5-11-71; Ord. 1243 § 1, 7-20-71. Formerly § 30A-16).

12.40.230 Definitions.

For the purposes of this article, certain words are defined as herein set forth, unless it is apparent from their context that a different meaning is intended. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-17).

12.40.240 Commission.

As used in this article, “Commission” shall mean the Public Utilities Commission of the State of California. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-18).

12.40.250 Person.

As used in this article, “person” shall mean and include any person, firm, partnership, association, corporation, organization or business trust and their agents and employees. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-19).

12.40.260 Pole.

As used in this article, “pole” means and includes any pole, tower, support, guy-stub, crossarm, brace, insulator, attachment, platform or any other structure, device or apparatus used for the support of wires. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-20).

12.40.270 Property.

As used in this article, “property” means any parcel of real property, including buildings, and/or other structures thereon. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-21).

12.40.280 Utility.

As used in this article, “utility” means all persons or entities supplying the public with electric, communication, or similar or associated service by means of electrical materials or devices. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-22).

12.40.290 Wire.

As used in this article, “wire” means and includes any wire, transformer, cable, conductor, cutout, switch, communication circuit, appliance or any other device or apparatus, by, through, over or by means of which electricity has been or may be transmitted, conducted, conveyed, distributed or supplied for the purpose of providing light, heat, power, telephone, television, communication and telegraph or other similar or associated service. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-23).

12.40.300 Creation of underground utility districts – Hearing and notice.

The City Council may, from time to time, consult with the affected utilities and call public hearings to ascertain whether the public necessity, health, safety or welfare require and it is in the general public interest for one or more of the reasons contained in SCCC 12.40.310 that existing poles and overhead wires within designated areas of the City be removed therefrom and thereafter prohibited and that wires and associated facilities for transmitting, conducting, conveying, distributing or supplying electricity to provide light, heat, power, telephone, telegraph, communication, television or other similar or associated service be installed underground.

Written notice of the time and place of any such hearing shall be given, at least ten days prior to the date of the hearing, to all persons who own any property within the proposed underground utility district as shown on the last equalized assessment roll and all utilities who own, control or possess poles or overhead wires within the proposed underground utility district. Each such notice shall be given by the City Manager by depositing the same in the United States mail, postage prepaid, in an envelope addressed to the owner at his/her address as shown on the last equalized assessment roll or if no address is shown, addressed to the owner at the address of the property. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given a reasonable opportunity to be heard. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-24).

12.40.310 Creation of underground utility district.

If, after any such public hearing, the City Council finds and determines that the public necessity, health, safety or welfare require and it is in the general public interest for one or more of the following reasons that existing poles and overhead wires within a designated area of the City be removed therefrom and be thereafter prohibited and that wires and associated facilities for transmitting, conducting, conveying, distributing or supplying electricity for the purpose of providing light, heat, power, telephone, telegraph, communication, television or other similar or associated service be installed underground:

(a) Such removal and replacement underground will eliminate, and such prohibition will avoid, an unusually heavy concentration of poles and overhead wires within said area;

(b) The public streets or rights-of-way within said area are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; and

(c) The public streets or rights-of-way within said area adjoin or pass through a civic area or public recreation area or an area of unusual scenic interest to the general public;

the City Council shall, by resolution, declare such designated area an underground utility district and order and require such removal, prohibition and underground installation therein. Such resolution shall contain a description of the area so designated, shall fix the time within which such removal shall be completed and within which underground installation shall be completed, and within which persons owning any property within the district as shown on the last equalized assessment roll must be ready to receive light, heat, power, telephone, telegraph, communication, television or other similar or associated service by means of underground wires and facilities. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal, and for the underground installation of wires or facilities as may be occasioned thereby. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-25).

12.40.320 Poles and overhead wires – Unlawful to maintain.

It shall be unlawful, after the adoption of a resolution establishing an underground district, for any person or utility to keep, maintain, continue, use, operate, or employ within such district any poles or overhead wires after the time specified in the resolution for removal of poles and overhead wires in such district, or to authorize or permit such action. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-26).

12.40.330 Poles and overhead wires – Unlawful to erect, install, etc.

It shall be unlawful, after the adoption of a resolution establishing an underground district, for any person or utility to erect, install, extend or construct any poles or overhead wires within such district, or to authorize or permit such action. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-27).

12.40.340 Responsibility of owner to remove.

Each person who owns or occupies any property in such district wherein are situated any poles or overhead wires shall remove all existing overhead wires and poles on such property, except those possessed, controlled or owned by any utility, within the time provided for in the resolution creating the said district. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-28).

12.40.350 Responsibility of owner to construct.

Each person who owns or occupies any property in such district wherein are situated any poles or overhead wires shall provide, construct and install all electrical, communication and other facility changes, and all other facilities or changes, on his/her property necessary to receive service from the underground wires and facilities required to be provided by the supplying utility or utilities as soon as such service is available, and shall provide, construct and install that portion of the service connection on his/her property between the wires and facilities required to be furnished by the affected utility and termination facility on or within the property being served within the time provided for in the resolution creating the said district, all in accordance with applicable rules, regulations and tariffs of the supplying utility or utilities. (Ord. 1242 § 1, 5-11-71; Ord. 1243 § 1, 7-20-71. Formerly § 30A-29).

12.40.360 Disconnection of service at request of owner or occupant.

In the event that any person owning or occupying any property in such district wherein are situated any poles or overhead wires does not wish to comply with the provisions of SCCC 12.40.350, he shall forthwith request and permit the affected utility to disconnect electrical and communication service to his/her property. The affected utility shall thereupon disconnect such service. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-30).

12.40.370 Responsibility of utility to remove and construct.

Each utility who owns, possesses or controls any existing poles or overhead wires in such district shall remove such poles and overhead wires from the district on or before the time specified in the resolution creating such district. In the event underground construction is needed to provide service to the properties within the district, each utility which supplies electric, communication or similar or associated service by wires and poles to the properties within the district shall furnish and install that portion of the underground wires and associated equipment and facilities to provide such service to such properties required to be furnished by it under its applicable rules, regulations, and tariffs within the time provided for in the resolution creating the said district. (Ord. 1242 § 1, 5-11-71; Ord. 1243 § 1, 7-20-71. Formerly § 30A-31).

12.40.380 Responsibility of City to remove.

City shall remove, at its own expense, all City-owned equipment from all poles required to be removed by this article in sufficient time in order to enable the person or utility required to remove such poles to accomplish such removal within the time specified in the resolution creating the underground utility district within which such poles are located. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-32).

12.40.390 Disconnection of service.

In the event that the owner or occupant of any property in an underground district wherein are situated any poles and overhead wires shall fail to remove such poles and wires pursuant to SCCC 12.40.340 and/or shall fail to comply with SCCC 12.40.350, the City Manager shall notify the affected utilities of such noncompliance, in which event the affected utilities shall have the right to, and shall thereupon disconnect electrical and communication service to such property. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-33).

12.40.400 Notice to utilities.

After the adoption of a resolution designating any area in the City as an underground utility district, the City Manager shall give, on behalf of the City, to all affected utilities owning, possessing or controlling any poles or overhead wires in the district written notice of the creation of the underground utility district and of their responsibilities and obligations under this article. Such notice shall be given within twenty (20) days after the adoption of said resolution. Each said notice shall be given by depositing the same in the United States mail, postage prepaid, in an envelope addressed to the utility. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-34).

12.40.410 Notice to property owners.

After the adoption of a resolution by the City Council designating any area in the City as an underground utility district, the City Manager shall give, on behalf of the City, to each person who owns or occupies any property in such district, wherein are situated any poles or overhead wires, written notice of the creation of such district and of his/her obligations and responsibilities under SCCC 12.40.340, 12.40.350, and 12.40.360. Said notice shall also indicate that unless each such person timely discharges such responsibilities and obligations that his/her service will be disconnected and that the property owned or occupied by such person may be assessed for certain costs pursuant to SCCC 12.40.420. Each said notice shall be given within twenty (20) days after the effective date of said resolution by depositing the same in the United States mail, postage prepaid, in an envelope addressed to “occupant (supply address of property),” to the address of such property and by depositing additional notices to each owner of such property to his/her last known address as the same appears on the last equalized assessment roll of the County, or as known to the City Manager, or if none appears on said roll and is unknown to the City Manager to the address of the property. (Ord. 1242 § 1, 5-11-71; Ord. 1243 § 1, 7-20-71. Formerly § 30A-35).

12.40.420 Procedure for performing work and making cost a lien on property benefited.

In the event that any person who owns or occupies any property within the district does not comply with the provisions of SCCC 12.40.340 and/or 12.40.350 within the time provided for in the resolution creating the district, the City Council may, in the event it wishes, order the City Manager to give an additional notice to each such person guilty of such noncompliance.

Such notice may be given either by personal service or by mail. Service by mail shall be effected by depositing same in a sealed envelope, postage prepaid, addressed to “occupant of (supply address of property),” to the address of such property and by depositing additional notices to each owner of such property to his/her last known address as the same appears on the last equalized assessment roll of County or as known to the City Manager or if none appears on such roll and is unknown to the City Manager to the address of the property. Service by mail in the manner herein provided shall be effective on the date of mailing.

Such notice shall adequately describe what work must be done and what facilities and equipment must be provided and installed for such person to comply with SCCC 12.40.340 and 12.40.350 and shall state that if such work is not done and such facilities and equipment not provided and installed within a specified period of time, not to be less than ten days, after the mailing of such notice, the City of Santa Clara will perform such work and provide and install such facilities and equipment, in which event the cost and expense thereof will be assessed against the property on which such work is performed and for which such facilities and equipment were provided and installed and become a lien upon such property.

Upon completion of such work and providing and installing of such facilities and equipment, the City Manager shall file a written report with the City Council setting forth the fact that such work has been completed and such facilities and equipment provided and installed and the cost thereof together with a legal description of the property against which such cost is to be assessed. The Council, upon receipt of such report, shall fix a time and place for hearing protests against the assessment of the cost of performing such work and the providing and installing of such facilities and equipment, which said time shall not be less than ten days after the setting of such hearing.

The City Manager shall forthwith, after the time for hearing such protests has been fixed, give a notice in writing to the occupant of such property and to the owner thereof in the manner hereinabove provided for the giving of notice to perform such work and provide and install said equipment and facilities, of the time and place that the Council will consider the report and will hear protests against such assessment. Such notice shall be given at least ten days before the day set for the hearing of protests. Such notice shall also set forth the amount of the proposed assessment.

Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made and the City Manager shall turn over to the County assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid. Said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the property upon which said assessment was not paid and the amount shall be collected together with all other taxes against the property. Said assessment shall be due and payable at the same time as property taxes are due and payable. The amount of the lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest and to the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levying, collection and enforcement of City taxes and County taxes are hereby made applicable to such special assessment taxes. (Ord. 1242 § 1, 5-11-71; Ord. 1243 § 1, 7-20-71. Formerly § 30A-36).

12.40.430 Exception – Poles for street lighting, etc.

Poles owned by City and used for City-owned equipment, consisting of street lights, fire alarm boxes, traffic signals, remote control signal antenna, or other similar type equipment and the wires within or on said poles shall be exempt from the provisions of this article. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-37).

12.40.440 Exception – Antennas, etc.

Antennas, associated equipment and supporting structures used by the utility for furnishing communications services shall be exempt from the provisions of this article. (Ord. 1243 § 2, 7-20-71. Formerly § 30A-37.1).

12.40.450 Exception – Facilities transmitting electric energy in excess of specified voltages and for mass transit conveyances.

Poles, overhead wires, and associated overhead facilities used for the transmission of electric energy with potential difference of more than fifty thousand (50,000) volts or any overhead circuit with a current carrying capacity of four hundred (400) amperes or more at twelve thousand (12,000) volts line to line or direct current facilities used for mass transit conveyances shall be exempt from the provisions of this article. (Ord. 1242 § 1, 5-11-71; Ord. 1530 § 1, 8-27-85. Formerly § 30A-38).

12.40.460 Exception – Radio and television antennas.

Community television and radio antennas, any other television and radio antennas and supports, guys, lead-in wires, insulators and other associated structural supports for such antenna located on individual private premises, shall be exempt from the provisions of this article. This does not exempt CATV systems, or any portion thereof. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-39).

12.40.470 Exception – Emergencies and hardship.

Notwithstanding any of the provisions of this article, existing poles and overhead wires may be installed and maintained for a period not to exceed ten days without approval of the City Council to provide emergency service.

Notwithstanding any of the provisions of this article, in cases of emergency or where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this article, the City Council may in any resolution designating and creating an underground utility district permit exceptions or variances to the provisions of this article under such conditions as it deems proper. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-40).

12.40.480 Exception – Transformers, etc.

Surface mounted transformers and switches, pedestal mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used for the purpose of providing service within the underground utility district and are used in connection with the underground wires and associated underground facilities within said district. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-41).

12.40.490 Exception – Council may make exceptions.

In any resolution designating and declaring an underground utility district, the City Council may, whenever it finds and determines that the public convenience and necessity so requires, provide that certain existing poles and/or overhead wires within such underground utility district shall be exempt from the provisions of this article. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-42).

12.40.500 Extension of time.

In the event that any act required by this article or by resolution creating an underground utility district pursuant to this article cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act must be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-43).

12.40.510 Severability.

The Council of the City of Santa Clara hereby declares that it would have passed and does hereby pass this article phrase by phrase, sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this article are severable and if for any reason any phrase, sentence, paragraph or section of this article shall be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. (Ord. 1242 § 1, 5-11-71. Formerly § 30A-45).