12.16.050 Exceptions.

   (a)   The provisions of this Chapter 12.16 shall not apply to the following types of facilities:

   (1)   Poles used exclusively for police and fire alarm boxes, traffic control facilities, or any similar municipal-owned equipment installed under the supervision and to the satisfaction of the director of utilities, or designee;

   (2)   Poles used exclusively for street lighting;

   (3)   An electric distribution or transmission system in excess of fifteen kilovolts, unless the director of utilities, or designee, determines that underground installation of such distribution or transmission system is feasible and practicable. The decision of the director in such matters is final;

   (4)   When authorized by the director, or designee, poles, overhead lines and associated overhead structures crossing or entering any potion of a district from which poles, overhead lines and associated overhead structures have been prohibited and originating in an area in which poles, overhead lines and associated overhead structures are not prohibited;

   (5)   Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

   (6)   Radio antenna and associated equipment and supporting structures used for furnishing communications services;

   (7)   Changes in or additions of aerial drop lines and anchors or the addition or replacement of lines and cables on poles in place on July 1, 1965; or

   (8)   Service terminals, in pedestals, in above ground locations, used to distribute communications service in underground systems.

(Ord. 4945 § 35, 2007: Ord. 4908 § 3, 2006: Ord. 2611 § 6, 1971: Ord. 2231 (part), 1965: prior code § 37.205)

12.16.060 Special exceptions granted by city council.

   Notwithstanding any other provisions of this chapter the city council may grant special exceptions on a permanent or temporary basis to the provisions hereof on such terms as the city council may deem appropriate in cases of emergency or unusual circumstances to any person to erect, construct, install, maintain, use or operate poles and overhead lines and associated overhead structures within any underground utility district provided that prior thereto the city council shall have made a finding that granting of such special exception does not violate the general purposes of this chapter, will not be detrimental to the public interest, welfare, safety, peace or health and that such action will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the underground utility district.

(Ord. 2231 (part), 1965: prior code § 37.206)

12.16.070 Time extensions.

   In the event that any act hereby required by any person or utility herein referred to cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the person or utility or by unusual hardships, then the time within which such act shall be accomplished may be extended by the director of utilities, or his designee, for a period not exceeding one year.

(Ord. 4908 § 4, 2006: Ord. 2611 § 7, 1971: Ord. 2231 (part), 1965: prior code § 37.207)

12.16.080 Notification to affected property owners and utilities.

   (a)   Within thirty days after the establishment of the underground utility district the director of utilities, or his designee, shall so notify all affected property owners and utilities owning real property within the affected area. The director of utilities, or his designee, shall further notify affected property owners and utilities that poles, overhead lines and associated overhead structures are to be removed and that if the affected owners and utilities or the tenants or occupants of their property desire to continue to receive electric, communication or similar associated service they shall make all necessary facility changes on their premises so as to receive the services at a new location subject to the applicable rules, regulations and tariffs of the respective utilities on file with the California Public Utilities Commission and the utility rules and regulations of the city of Palo Alto.

   (b)   Notification shall be made by mailing a copy of this chapter and the ordinance which designates the area of an underground utility district to the affected owners and utilities as shown on the last equalized tax roll of the city. Failure to give such notice by mail or of the affected owners or utilities addressed to receive the notice shall not affect the validity of such ordinance nor the authority of the city to proceed under Section 12.16.100.

(Ord. 4908 § 5, 2006: Ord. 2611 § 8, 1971: Ord. 2231 (part), 1965: prior code § 37.208)

12.16.090 Responsibility of property owner.

   (a)   All conduits, conductors and associated equipment necessary to receive electric, communication or similar associated services between service conductors or underground pipes or conduits of the supplying utilities and the service facilities to the building or structure being served shall be provided by the person owning, operating, leasing or renting the affected property subject to applicable rules, regulations and tariffs of the respective utilities on file with the California Public Utilities Commission and the utility rules and regulations of the city of Palo Alto.

   (b)   The underground service connection construction shall be accomplished within the time specified in Section 12.16.020 or if the time is not specified therein, within thirty days after the installation of the utilities facilities pursuant to the utility rules and regulations of the city of Palo Alto.

(Ord. 4908 § 6, 2006: Ord. 2231 (part), 1965: prior code § 37.209)

12.16.091 Financing service connection conversions.

   (a)   Whenever the conversion to underground locations of poles, overhead lines and associated overhead structures used in supplying electric, communication or similar associated service is, under established policies and procedures of the city to be financed entirely by the city within the area of the public rights-of-way within any proposed underground utility district, the cost of conversion to an underground location of the individual service connections on private property (hereinafter referred to as "service connection") may be accomplished in the manner hereinafter set forth in Sections 12.16.092 to 12.16.097, inclusive.

   (b)   Each affected residential or nonresidential property owner who elects to finance the cost of his service connection shall execute a loan agreement, which may be recorded, and any other document to secure his obligation to pay the city in accordance with this chapter. The affected owner shall prove to the city he holds legal title to the affected real property.

(Ord. 4908 § 7, 2006: Ord. 2527 § 1, 1969)

12.16.092 Notice of intention.

   (a)   At the time of the call of the public hearing on the formation of such an underground utility district, as required by Section 12.16.040, the council may authorize the city clerk, aided by the director of utilities, or his designee, to include in the notice of hearing to be mailed to all affected property owners, pursuant to Section 12.16.040, a statement to the effect that any affected owner has the option of paying the cost of converting his service connection to an underground location over a period of ten years with interest to be determined as provided by Section 12.16.096. The notice shall include the information set forth in Section 12.16.091(b).

   (b)   The notice shall be accompanied by an appropriate form by which the payment option specified in Section 12.16.096 may be exercised. The notice shall also set forth:

   (1)   The estimated cost of accomplishing the underground service connection construction, as determined by the director of utilities, or his designee, herein called the "base cost";

   (2)   An additional fixed amount per parcel, also to be determined by the director of utilities, or his designee, representing the cost of making the estimate, establishing the lien and other incidental administrative, legal and engineering expense involved in the proceedings, herein called the "incidental expense";

   (3)   The total amount of subdivision (1) plus subdivision (2), herein called the "special assessment"; and

   (4)   The fact that the city, upon exercise of the payment option and the accomplishment of the underground service connection construction as required by Section 12.16.090, will pay the base cost and incidental expense to the affected owner who accomplishes the underground service connection construction, subject to the payment of the amount of the special assessment as hereinafter provided.

(Ord. 4908 § 8, 2006: Ord. 2611 § 9, 1971: Ord. 2527 § 2, 1969)