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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)
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)
(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)
(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)
(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)
(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)
(a) After the formation of the underground utility district but before the accomplishment of the underground service connection construction, the council shall determine the properties the affected owners of which have exercised the option to pay the cost over a period of ten years and shall direct that the base cost and incidental expense shall be paid by the city subject to payment of the special assessment in the manner hereinafter set forth.
(b) A complete assessment roll or list of the affected properties subject to the payments over a period of ten years, identifying them and setting forth the respective amounts of the proposed special assessments, shall be prepared by the director of utilities, or his designee, and filed in the offices of the city clerk and the director of utilities and published and filed in the office of the county of Santa Clara assessor.
(Ord. 4908 § 9, 2006: Ord. 2611 § 10, 1971: Ord. 2527 § 3, 1969)
Upon completion (pursuant to Section 12.16.090) of the underground service connection construction on any parcel as to which the payment option has been exercised, the affected owner who accomplished the construction may file with the director of utilities, or his designee, a verified claim for the base cost and incidental expense. The claim shall be audited and paid in the manner provided by law.
(Ord. 4908 § 10, 2006: Ord. 2527 § 4, 1969)
(a) Concurrently with such payment on which the affected property owner will pay over a period of ten years, the director of utilities, or his designee, consistent with Section 12.16.093(b), shall publish and file the assessment roll or list in the office of the county of Santa Clara assessor with respect to the payments over a period of ten years or record a notice of assessment in the office of the county of Santa Clara recorder in substantially the following form:
NOTICE OF ASSESSMENT
Pursuant to the requirements of Sections 12.16.091 to 12.16.097, inclusive, of the Palo Alto Municipal Code, the undersigned director of utilities, or his designee, hereby gives notice of a special assessment in the amount of $ _________ against the following described property: [Insert description] Notice is further given that the special assessment shall become a lien upon the property described herein upon the filing of the assessment roll or list and the recording of this notice in the office of the county of Santa Clara assessor.
The City of Palo Alto
By: _____________________________
Director of Utilities
Dated: _____________________________
(b) The notice of assessment shall set forth the name of the owner of record, the property address, the assessor's parcel number, the legal description of the affected property, and a certification by the director of utilities that the service connection cost has been paid by the city on behalf of the owner of the described affected property against which the lien is filed or recorded. Such lien shall remain a lien until a full release and discharge is made pursuant to the provision of this chapter.
(c) Upon the filing of the assessment roll or the recordation of the notice of assessment set forth in Section 12.16.095(a) and (b), the amount of the special assessment shall constitute a lien on the parcel of property described in the notice for the amount of such assessment until paid, with the same priority as special assessment liens established pursuant to Title 13 of this code. All remedies available for the enforcement and collection of liens established under Title 13 shall apply to liens established under this chapter.
(Ord. 4908 § 11, 2006: Ord. 2527 § 5, 1969)
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