For the purpose of this chapter, the following terms, words, phrases and their derivations shall have the meaning given herein:
"Arques avenue-wolfe road underground district" or "district"
means that area in the city more particularly described as follows:
All that real property situate in the city of Sunnyvale, county of Santa Clara, state of California, more particularly described as follows:
BEGINNING at the intersection of the centerline of Wolfe Road (formerly Corey Lane 40 feet wide) with the centerline of Arques Avenue (90 feet wide), said point of beginning being the northeasterly corner of Parcel 22 as said parcel is described in the Final Judgment of Condemnation as to Parcels 20, 21, 22 and 23, recorded in Book 5383, Official Records, at pages 143 through 146, in the office of the recorder of said county;
Thence S. 88 degrees 37 minutes 02 seconds E., along said centerline of Arques Avenue, 131.76 feet; Thence S. 1 degree 22 minutes 58 seconds W. 45.00 feet to the southerly line of said Arques Avenue;
Thence westerly along a curve to the left tangent to said southerly line, having a radius of 289.00 feet, a central angle of 1 degree 59 minutes 32 seconds and an arc length of 10.05 feet to a point of compound curvature;
Thence southwesterly along said curve to the left, having a radius of 50.00 feet, a central angle of 80 degrees 08 minutes 42 seconds, and an arc length of 69.94 feet to a point of reverse curvature;
Thence southwesterly along said curve to the right, having a radius of 558.00 feet, a central angle of 15 degrees 31 minutes 23 seconds, and an arc length of 151.18 feet;
Thence S. 24 degrees 46 minutes 07 seconds W., 106.59 feet to the beginning of a tangent curve to the left;
Thence southwesterly along last said curve having a radius of 1,642.00 feet, a central angle of 8 degrees 32 minutes 22 seconds, and an arc length of 244.73 feet, and being tangent to a line parallel with and distant 58.00 feet easterly measured at right angles from said centerline of Wolfe Road;
Thence S. 16 degrees 13 minutes 45 seconds W., along said parallel line 170.02 feet;
Thence N. 73 degrees 46 minutes 15 seconds W., 103.00 feet to a line running parallel with and distant 45.00 feet southwesterly, measured at right angles from said centerline of Wolfe Road;
Thence S. 26 degrees 32 minutes 00 seconds W., 65.59 feet to the beginning of a tangent curve to the right;
Thence southwesterly, westerly and northwesterly along the arc of said tangent curve, having a radius of 50.00 feet and a central angle of 83 degrees 39 minutes 20 seconds, a distance of 73.00 feet;
Thence S. 69 degrees 48 minutes 40 seconds W., and tangent to last said curve, 83.74 feet; Thence N. 75 degrees 34 minutes 50 seconds W., 385.58 feet;
Thence N. 73 degrees 33 minutes 10 seconds W. 118.12 feet to a point on the easterly boundary of that certain strip of land (140.00 feet in width) described in the Right-of-Way Deed from Minnie Engstrom Powers, et vir, to the Pacific Gas and Electric Company, dated April 30, 1952, recorded May 1, 1952 in Book 2412, Official Records, at page 84, and re-recorded June 25, 1952 in Book 2441 of Official Records, at page 523, in the office of the recorder of said county;
Thence N. 16 degrees 56 minutes 30 seconds E. along said easterly boundary 689.07 feet to the intersection with the said centerline of Arques Avenue (90 feet wide);
Thence S. 86 degrees 46 minutes 02 seconds E. along said centerline 705.94 feet to the point of beginning.
"City"
means the city of Sunnyvale, a municipal corporation of the state of California.
"Commission"
means the Public Utilities Commission of the state of California.
"Council"
means the city council of the city.
"Kifer road underground district" or "district"
means that area in the city more particularly described as follows:
All that real property situate in the city of Sunnyvale, county of Santa Clara, state of California, more particularly described as follows:
PARCEL A
A strip of land 82.00 feet in width measured at right angles lying southerly of and contiguous to the following described line:
COMMENCING at the point of intersection of the centerline of Fair Oaks Avenue, 50 feet wide, with the westerly prolongation of the southerly line of Tract No. 214, Victory Village Map No. 2, as said map is filed for record in Book 7 of Maps, at page 37, in the office of the recorder of said county; thence S. 75 degrees 08 minutes E., along said prolongation and southerly line 73.00 feet to the westerly line of the lands described in deed to the city of Sunnyvale as filed for record in Book 6942 Official Records, page 299, in the office of the recorder of said county; thence S. 14 degrees 52 minutes W., along said westerly line 43.00 feet to the centerline of Kifer Road, 86 feet wide as established by last said deed; thence S. 75 degrees 08 minutes E., along last said centerline 427 feet to the true point of beginning; thence continuing along said centerline of Kifer Road and its easterly prolongation, 2,995.80 feet to the beginning of a tangent curve to the left; thence easterly and northeasterly along the arc of said curve having a radius of 3,000 feet through a central angle of 15 degrees 19 minutes 20 seconds, a distance of 802.70 feet; thence N. 89 degrees 32 minutes 40 seconds E., continuing along said centerline of Kifer Road, tangent to said curve, 2,550.46 feet to a point that is distant N. 0 degrees 27 minutes 20 seconds W., (N. 0 degrees 24 minutes 18 seconds W., record) 43.00 feet from the northwesterly corner of Parcel "A" as shown on the Record of Survey Map filed for record in Book 156 of Maps, at page 3, in the office of the recorder of said county, last said point being distant S. 89 degrees 32 minutes 40 seconds W. (S. 89 degrees 35 minutes 42 seconds W. record), 285.57 feet along said Kifer Road from the original centerline of Lawrence Station Road.
PARCEL B
A strip of land 78.00 feet in width, measured at right angles, lying northerly of and contiguous to the following described line:
COMMENCING at the point of intersection of the centerline of Fair Oaks Avenue, 50 feet wide, with the westerly prolongation of the southerly line of Tract No. 214, Victory Village Map No. 2, as said map is filed for record in Book 7 of Maps, at page 37, in the office of the recorder of said county; thence S. 75 degrees 08 minutes E., along said prolongation and southerly line 73.00 feet to the westerly line of the lands described in deed to the city of Sunnyvale as filed for record in Book 6942 Official Records, page 299, in the office of the recorder of said county; thence S. 14 degrees 52 minutes W., along said westerly line, 43.00 feet to the centerline of Kifer Road, 86 feet wide, as established by said deed; thence S. 75 degrees 08 minutes E., along last said centerline, 427 feet to the true point of beginning; thence continuing along said centerline of Kifer Road and its easterly prolongation 2,995.80 feet to the beginning of a tangent curve to the left; thence easterly and northeasterly along the arc of said curve, having a radius of 3,000 feet, through a central angle of 15 degrees 19 minutes 20 seconds, a distance of 802.70 feet; thence N. 89 degrees 32 minutes 40 seconds E., continuing along said centerline of Kifer Road, tangent to said curve, 282 feet, more or less, to the southerly prolongation of the westerly line of that certain 1.00 acre parcel of land described in deed to John Bird Patterson as said deed is filed for record in Book 4034, Official Records, page 239, in the office of the recorder of said county, last said point being an easterly city limits line of the city of Sunnyvale.
PARCEL C
A strip of land 101.00 feet in width, measured at right angles, lying southerly of and contiguous to the following described line, said line being a northerly city limits line of the city of Sunnyvale.
BEGINNING at the point of intersection of the centerline of Kifer Road, a 66 foot half street, with the northerly prolongation of the easterly line of that certain 5.447 acre parcel of land shown on the Record of Survey Map filed for record in Book 139 of Maps, at page 25, in the office of the recorder of said county; thence S. 89 degrees 17 minutes 17 seconds W., along said centerline of Kifer Road approximately 3,880 feet to the centerline of Lawrence Station Road as shown on the Record of Survey Map filed in Book 152 of Maps, page 49, in the office of the recorder of said county.
Excluding those areas lying northerly and westerly of the southeasterly line of Parcel "A" as shown on last said Record of Survey Map.
PARCEL D
A strip of land 33.00 feet in width, lying northerly of and contiguous to the following described line:
BEGINNING at the point of intersection of the centerline of Kifer Road, 66.00 feet wide, with the southerly prolongation of the westerly line of that certain 1.00 acre parcel of land described in deed to John Bird Patterson as said deed is filed for record in Book 4034, Official Records, page 239, in the office of the recorder of said county; thence N. 89 degrees 32 minutes 40 seconds E., along said centerline of Kifer Road approximately 2,259 feet to a point distant thereon, N. 89 degrees 32 minutes 40 seconds E., 215.43 feet from the centerline of San Ysidro Way, 70 feet wide, as said way is shown on the map of Tract No. 1786 filed for record in Book 73 of Maps, at page 25, in the office of the recorder of said county.
The northerly line of said 33 foot strip being a northerly city limits line of the city of Sunnyvale.
"Person"
includes individuals, firms, corporations, partnerships, and their respective agents and employees.
"Utility"
includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices, including but not limited to wires, cables and conduits.
"Mathilda avenue underground district" or "district"
means that area in the city more particularly described as follows:
All that real property situate in the city of Sunnyvale, county of Santa Clara, state of California, more particularly described as follows:
BEGINNING at the point of intersection of the original centerline of Mathilda Avenue, 50 feet wide, with the centerline of Washington Avenue, 60 feet wide, as said avenues are shown on the "Map of the Town of Encinal being a part of Lot 2 of the partition of that part of the Rancho Pastoria de las Borregas patented to Martin Murphy, Jr., as recorded in Book rGG of Maps, pages 74 and 75, Records of Santa Clara County," said map of the Town of Encinal being recorded in Book "I" of Maps, page 88, in the office of the recorder of said county;
Thence S. 75 degrees 08 minutes E. along said centerline of Washington Avenue 115.00 feet to a line parallel with and distant easterly, measured at right angles, 115.00 feet from said centerline of Mathilda Avenue;
Thence S. 14 degrees 52 minutes W. along said parallel line approximately 2765 feet to a point distant N. 14 degrees 52 minutes E., 100.00 feet from the northerly line of El Camino Real as it now exists, a 60 foot half-street;
Thence N. 75 degrees 08 minutes W., at right angles to said parallel line, 115.00 feet to said centerline of Mathilda Avenue;
Thence S. 14 degrees 52 minutes W. along last said centerline, 160 feet, more or less, to the centerline of said El Camino Real;
Thence northwesterly along last said centerline, being a curve to the right having a radius of 2455.70 feet a distance of 105 feet, more or less, to a point in a line parallel with and distant westerly, measured at right angles, 105.00 feet from said centerline of Mathilda Avenue;
Thence N. 14 degrees 52 minutes E. along last said parallel line approximately 2925 feet to said centerline of Washington Avenue;
Thence S. 75 degrees 08 minutes E. along last said centerline 105.00 feet to the point of beginning.
"Moffett park underground district" or "district"
means that area in the city more particularly described as follows:
All that real property situate in the city of Sunnyvale, county of Santa Clara, state of California, more particularly de scribed as follows:
BEGINNING at the intersection of the centerline of Borregas Avenue, 50.00 feet wide, with the centerline of Carl Road, 40.00 feet wide, as said avenue and road are shown upon that certain map entitled, "Map of the J. T. Murphy Subdivision No. 3," filed for record in Book "I" of Maps, at page 45, in the office of the recorder of said county;
Thence easterly, along said centerline of Carl Road, 757.68 feet to the easterly line of said J. T. Murphy Subdivision No. 3;
Thence northerly, along last said easterly line, 520.74 feet to the northeasterly corner of said J. T. Murphy Subdivision No. 3, said corner being also the northwesterly corner of Crossman Subdivision No. 2, a map of which is filed in Book F-2 of Maps, at page 24, in the office of the recorder of said county;
Thence easterly, along the northerly line of said Crossman Subdivision No. 2, 2918.85 feet to the northeasterly corner of said Crossman Subdivision No. 2;
Thence southeasterly, along the northerly line of Parcel One, as said parcel is described in the Deed to Clair W. Dunton and Reba L. Dunton recorded in Book 3726, at page 275, in the office of the recorder of said county, a distance of 807.83 feet to the southeasterly line of said Parcel One;
Thence southwesterly along last said southeasterly line, 604.40 feet to the southerly line of Parcel Two as said parcel is described in said Deed to Dunton;
Thence easterly along last said southerly line 336.43 feet to a line parallel with the said southeasterly line of Parcel One;
Thence southwesterly along said parallel line 1450 feet, more or less;
Thence southeasterly 120 feet, more or less, to the beginning of a tangent curve to the right;
Thence southeasterly, southerly and southwesterly along said curve having a radius of 322 feet a central angle of 81 degrees 06 minutes 27 seconds, an arc length of 455.82 feet;
Thence southwesterly along a line tangent to last said curve, 277.33 feet to the beginning of a tangent curve to the right;
Thence southwesterly along said curve, having a radius of 322 feet and a central angle of 41 degrees 10 minutes 29 seconds, an arc length of 231.40 feet;
Thence southerly along a radial through the terminus of last said curve 190 feet, more or less, to the northeasterly line of Mountain View-Alviso Road, 60 feet wide;
Thence southwesterly along last said northeasterly line 7,800 feet, more or less, to the intersection of the southerly prolongation of the westerly line of Mathilda Avenue, 100 feet wide;
Thence northerly, along said southerly prolongation and along the various courses of said westerly line of Mathilda Avenue, approximately 2459 feet to the point of intersection with a line, parallel with and distant westerly, measured at right angles, 50 feet from the easterly line of Lot 5A of the Rancho Pastoria de las Borregas as said lot is shown on the map filed for record in Book G of Maps, pages 74 and 75, in the office of the recorder of said county;
Thence northeasterly, along said parallel line, being also the westerly line of said Mathilda Avenue and its northerly prolongation, approximately 4,760 feet to the northerly line of said Rancho Pastoria de las Borregas;
Thence southeasterly along last said northerly line approximately 1,600 feet to the point of intersection with the westerly line of said J. T. Murphy Subdivision No. 3;
Thence southerly, along last said westerly line 498.73 feet to a point in said centerline of Carl Road:
Thence easterly, along last said centerline 757.68 feet to the point of beginning.
"Person"
means and includes individuals, firms, corporations, partnerships, and their respective agents and employees.
"Poles, overhead wires and associated overhead structures"
mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground, upon, along, across or over the public streets, alleys and ways of city, and used or useful in supplying electric, communication, or similar or associated service.
"Sunnyvale-iowa avenue underground district" or "district"
means that area in the city more particularly described as follows:
All that real property situate in the city of Sunnyvale, county of Santa Clara, state of California, more particularly described as follows:
BEGINNING at the point of intersection of the southerly line of Evelyn Avenue as established by deed from Myrtle L. Wightman to the city of Sunnyvale, filed for record October 27, 1955, in Book 3357 of Official Records, page 322, in the office of the recorder of said county, with a line parallel with and distant westerly measured at right angles, 60.00 feet from the centerline of Sunnyvale Avenue;
Thence S. 56 degrees 36 minutes E. along the easterly prolongation of said southerly line of Evelyn Avenue 142.38 feet to a line parallel with and distant easterly, measured at right angles, 75.00 feet from said centerline of Sunnyvale Avenue;
Thence S. 14 degrees 52 minutes W. along last said parallel line 2911 feet, more or less to the easterly prolongation of the northerly line of the lands described in deed from Millich to the city of Sunnyvale filed for record in Book 3875 Official Records, page 304, in the office of the recorder of said county;
Thence along a line parallel with and distant easterly, measured at right angles 31.00 feet from the easterly line of Sunnyvale Avenue as established by last said deed the following three courses: (A) S. 6 degrees 58 minutes 58 seconds W., 149.45 feet; (B) S. 13 degrees 07 minutes 30 seconds W., 148.00 feet and (C) S. 14 degrees 52 minutes W., 59.38 feet;
Thence continuing S. 14 degrees 52 minutes W. along the southerly prolongation of last said parallel line 77 feet to the centerline of San Jose-San Francisco Road;
Thence S. 80 degrees 05 minutes 48 seconds E. along last said centerline 3.00 feet, more or less, to a point distant S. 80 degrees 05 minutes 48 seconds E. (S. 79 degrees 59 minutes E. record) 98.54 feet from said centerline of Sunnyvale Avenue as said centerline is shown on the map of the Brill Addition, Tract No. 57, filed for record in Book 3 of Maps, pages 2 and 3;
Thence S. 9 degrees 54 minutes 12 seconds W. along the northerly prolongation of a radial line 43.00 feet;
Thence from a tangent bearing of N. 80 degrees 05 minutes 48 seconds W., northwesterly, westerly and southwesterly along a curve to the left having a radius of 50.00 feet, through a central angle of 79 degrees 42 minutes 04 seconds a distance of 69.55 feet to a point of compound curvature;
Thence from a tangent bearing of S. 20 degrees 12 minutes 08 seconds W., southwesterly, southerly and southeasterly along last said curve to the left, having a radius of 137 feet, through a central angle of 62 degrees 29 minutes 37 seconds, a distance of 149.43 feet;
Thence S. 42 degrees 17 minutes 29 seconds E., tangent to last said curve, 122.357 feet to the northerly prolongation of a radial line;
Thence S. 45 degrees 54 minutes W. along last said prolongation 60.00 feet to the centerline of El Camino Real State Highway;
Thence northwesterly from a tangent bearing of N. 44 degrees 06 minutes W. along a curve to the left having a radius of 2,000 feet, through a central angle of 17 degrees 22 minutes 04 seconds a distance of 606.25 feet to a point of compound curvature;
Thence northwesterly from a tangent bearing of N. 61 degrees 28 minutes 04 seconds W. along the arc of last said curve having a radius of 1,500 feet, through a central angle of 6 degrees 39 minutes 41 seconds a distance of 174.40 feet to a point of compound curvature;
Thence from a tangent bearing of N. 68 degrees 07 minutes 45 seconds W., northwesterly along the arc of last said curve having a radius of 3,000 feet, a distance of 37.00 feet, more or less, to the southerly prolongation of the westerly line of Lot 22 in Block 1 as last said Lot and Block are shown on the Map of Pal Jose No. 1 filed for record in Volume "U" of Maps, page 4, in the office of the recorder of said county;
Thence N. 14 degrees 52 minutes E. along last said prolongation and westerly line 182.00 feet more or less to the northerly line of said Lot 22;
Thence S. 75 degrees 08 minutes E. along the northerly line of said Lot 22 and its easterly prolongation 260.00 feet to the centerline of Murphy Avenue;
Thence N. 14 degrees 52 minutes E. along last said centerline 35 feet, more or less to a city monument as said monument is shown on a Record of Survey Map filed for record in Book 200 of Maps, at page 24, in the office of the recorder of said county;
Thence S. 78 degrees 36 minutes E., on the westerly prolongation of a radial line to a curve, a distance of 30.05 feet to the beginning of said curve, having a radius of 130.00 feet, on the easterly line of said Murphy Avenue as shown on last said Record of Survey Map;
Thence leaving said radial line, S. 75 degrees 08 minutes E. a distance of 160.00 feet to the easterly line of "Parcel A" as shown on last said Record of Survey Map;
Thence N. 14 degrees 52 minutes E. along last said easterly line 25.00 feet, more or less to a point in a line parallel with and distant southerly measured at right angles, 164.14 feet from the southerly line of the lands described in the deed to Albert L. and Annette E. Armanini filed for record in Book 5844 of Official Records, page 280, in the office of the recorder of said county;
Thence S. 75 degrees 08 minutes E. along last said parallel line 70.00 feet to a point in a line parallel with and distant westerly, measured at right angles, 60.00 feet from said centerline of Sunnyvale Avenue (formerly Arques Avenue);
Thence N. 14 degrees 52 minutes E. along last said parallel line 1354.64 feet to a line parallel with and distant southerly, measured at right angles, 65.00 feet from the centerline of West Iowa Avenue, 50.00 feet wide;
Thence N. 75 degrees 08 minutes W. along last said parallel line 580.00 feet to the centerline of Frances Avenue, 60.00 feet wide;
Thence S. 14 degrees 52 minutes W. along last said centerline 10.00 feet to a line parallel with and distant southerly, measured at right angles 75.00 feet from said centerline of West Iowa Avenue;
Thence N. 75 degrees 08 minutes along last said parallel line 450.00 feet to the easterly line of Lot 5 as said Lot 5 is shown on the map of Tract No. 28, Eldorado, filed for record in Book 4 of Maps, at page 29, in the office of the recorder of said county;
Thence S. 14 degrees 52 minutes along last said easterly line 61.10 feet to the southerly line of last said tract;
Thence N. 75 degrees 08 minutes W. along last said southerly line and its westerly prolongation 367.4 feet to the westerly line of Mathilda Avenue, a 65.00 foot half street;
Thence N. 14 degrees 52 minutes E. along last said westerly line 272.2 feet to the westerly prolongation of the northerly line of last said tract;
Thence S. 75 degrees 08 minutes E. along said prolongation and northerly line 367.4 feet to the westerly line of Lot 9 as said lot is shown on last said tract map;
Thence S. 14 degrees 52 minutes W. along said westerly line of Lot 9 and of Lot 8 a distance of 61.10 feet to a line parallel with and distant northerly, measured at right angles, 75.00 feet from said centerline of West Iowa Avenue;
Thence S. 75 degrees 08 minutes E. along last said parallel line 770.00 feet to the centerline of Murphy Avenue, 60.00 feet wide;
Thence S. 14 degrees 52 minutes W. along said centerline of Murphy Avenue, 10.00 feet to a line parallel with and distant northerly, measured at right angles, 65.00 feet from said centerline of West Iowa Avenue;
Thence S. 75 degrees 08 minutes E. along last said parallel line 260.00 feet to a line, parallel with and distant westerly, measured at right angles 60.00 feet from said centerline of Sunnyvale Avenue;
Thence N. 14 degrees 52 minutes E. along last said parallel line 1740.00 feet, more or less, to the point of beginning.
"Utility"
includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices, including but not limited to wires, cables and conduits.
(Prior code §§ 7-5.01, 7-6.01, 7-7.01, 7-8.01, 7-9.01; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
The council of the city of Sunnyvale finds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in the Mathilda Avenue and Sunnyvale-Iowa Avenue underground districts, and more particularly for the following reasons:
(a) 
The undergrounding to be accomplished pursuant to this chapter will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;
(b) 
The streets, road or rights-of-way in the Mathilda Avenue and Sunnyvale-Iowa Avenue underground districts are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; and
(c) 
The portion of Mathilda Avenue included within the Mathilda Avenue underground district adjoins the Sunnyvale Civic Center.
(Prior code §§ 7-8.02, 7-9.02; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
All poles, overhead wires and associated overhead structures shall be removed and underground installations made in the Mathilda Avenue and Sunnyvale-Iowa Avenue underground districts within the following times:
(a) 
Underground installation by utility companies and property owners and reconnections not later than December 15, 1968 for the Mathilda Avenue underground district and not later than May 1, 1968 for the Sunnyvale-Iowa Avenue underground district;
(b) 
Removal of poles, overhead wires and other associated overhead structures not later than January 15, 1969 for the Mathilda Avenue underground district and not later than May 15, 1968 for the Sunnyvale-Iowa Avenue underground district.
(Prior code §§ 7-8.03, 7-9.03; Ord. 1434, 1968; Ord. 1459 § 1, 1968)
It is unlawful for any person or utility to erect, construct, own, maintain, place, keep, use, continue, employ or operate any poles, overhead wires and associated overhead structures for any utility purpose in the underground districts designated in this chapter after the date when the overhead facilities are required to be removed except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 15.08.110, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Prior code §§ 7-5.02, 7-6.02, 7-7.02, 7-8.04, 7-9.04; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
It is unlawful for any person owning real property in the Arques Avenue-Wolfe Road, Kifer Road and Moffett Park underground districts to suspend or to permit any person to suspend from the owner's premises any poles, overhead wires or associated overhead structures for any utility purpose or for service connection to any utility, except as otherwise provided in this chapter.
(Prior code §§ 7-5.03, 7-6.03, 7-7.03; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967)
Any person or utility who erects, constructs, places or keeps, maintains, continues, uses, employs, or operates any poles, overhead wires and associated overhead structures within the districts for any utility purpose or for service connection to any utility, after the date when the overhead facilities are required to be removed, except as otherwise provided in this chapter, or who otherwise fails to comply with any of the provisions or requirements of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable as set forth in Chapter 1.04 of this code. Each consecutive fifteen day period during which the failure to comply with any of the provisions or requirements hereof shall continue or be permitted to continue by any person shall constitute a separate offense, notwithstanding the provisions of any other provision of the Sunnyvale Municipal Code.
(Prior code §§ 7-5.04, 7-6.04, 7-7.04, 7-8.05, 7-9.05; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968; Ord. 2422-92 § 15)
The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for any utility purpose or for service connection to any utility, notwithstanding any other provisions of this chapter.
(Prior code §§ 7-5.05, 7-6.05, 7-7.05, 7-8.06, 7-9.06; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
This chapter shall not apply to any of the following:
(a) 
Any electrolier with continuous underground circuit used exclusively for street lighting;
(b) 
Any pole used exclusively for fire alarm boxes, or any other municipal equipment installed with the approval of the director of public works of the city;
(c) 
Wires of a continuous lead (exclusive of supporting structures) crossing any portion of the districts from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such continuous lead originates in an area from which poles and overhead wires and associated overhead structures are not prohibited;
(d) 
Pad mounted transformer and switching installations installed above ground as a part of an underground electric distribution system;
(e) 
Radio antennae, their associated equipment and supporting structures, used by a utility or other entities for furnishing communication services to one or more buildings within the districts;
(f) 
Service terminals in pedestals above ground, used to distribute electric or communication service in underground systems;
(g) 
Overhead wires 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;
(h) 
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects;
(i) 
Distribution and transmission lines of Pacific Gas and Electric Company on the south side of Arques Avenue within the Arques Avenue-Wolfe Road underground district existing on December 10, 1966;
Pacific Gas and Electric Company may install such additional equipment on the existing distribution and transmission lines as is necessary (A) for proper operation of such lines, (B) for connection to such lines of utility services hereafter furnished for use within the district, and (C) for connection to such lines, through risers, of transmission or distribution lines running underground from the district to the northerly side of Arques Avenue; provided, however, the total number of poles in said lines shall not be increased without special permission of the council;
(j) 
Overhead wires within the Arques Avenue-Wolfe Road underground district existing on December 10, 1966, and used to supply electric, communication, or similar or associated service from the existing lines referred to in subsection (i) of this section and temporary overhead wires used to supply similar service during the construction of new buildings in the district and to supply similar services to the occupants thereof until thirty days after the underground systems for such utility services are completed and in operation, and thereafter the provisions of Section 15.08.100 shall be applicable to utility customer service from said lines;
(k) 
Electrical transmission lines of Pacific Gas and Electric Company within the Kifer Road underground district on January 6, 1966;
(l) 
Electrical transmission lines of Pacific Gas and Electric Company within the Moffett Park underground district on December 2, 1965;
(m) 
Electric transmission lines to be constructed at a future time to the substation site of Pacific Gas and Electric Company described in that certain agreement dated October 6, 1964, by and between the city and Pacific Gas and Electric Company.
(Prior code §§ 7-5.06, 7-6.06, 7-7.06, 7-8.07, 7-9.07; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
(a) 
Within ten days after the effective date of this chapter, the city clerk shall notify all affected utilities and all persons owning real property within the district of the creation thereof. The city clerk shall further notify the property owners of the necessity that, if they or any person occupying the property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the requirements of state laws and city ordinances. This notice shall also specify the period of time within which such facility changes shall be completed.
(b) 
Notification shall be made by mailing a copy of this chapter to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the county of Santa Clara. Copies of this chapter required to be mailed must be deposited in the United States mail in a sealed envelope with postage prepaid and, respectively:
(1) 
Addressed to the person occupying or in possession of the property at such property;
(2) 
Addressed to the owner of the property as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll of the county of Santa Clara, and when no address appears, to General Delivery, city of Sunnyvale; and
(3) 
Addressed to each affected utility at its business office address in the city of Sunnyvale as it appears in the records of the city. Each copy of this chapter mailed in the manner set forth above shall be deemed to have been received by the person or utility to whom it has been sent within forty-eight hours after the mailing thereof.
(Prior code §§ 7-5.07, 7-6.07, 7-7.07, 7-8.08, 7-9.08; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
If underground construction is necessary to provide utility service within the area of the districts, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission.
(Prior code §§ 7-5.08, 7-6.08, 7-7.08, 7-8.09, 7-9.09; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
(a) 
Every person owning, operating, leasing, occupying or renting a building or structure within the districts shall construct, or cause to be constructed, and provide that portion of the service connection on his property between the facilities referred to in Section 15.08.100 and the termination facility on or within said building or structure being served subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the lawful requirements of state laws and city ordinances.
(b) 
In the event the person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection (a) of this section within the time specified in the notice required to be given pursuant to Section 15.08.100, the city engineer shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
(c) 
Noncompliance by any person owning, operating, occupying, leasing or renting said property with the provisions of this section shall constitute a misdemeanor under Section 15.08.060. Until such time as an order is issued pursuant to subsection (b) of this section the supplying utility shall not be in violation of this chapter in continuing to maintain poles, overhead wires or associated overhead structures necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same.
(Prior code §§ 7-5.09, 7-6.09, 7-7.09, 7-8.10, 7-9.10; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in sufficient time to enable the owner or user of such poles to remove the same within the time specified in Section 15.08.030(2).
(Prior code §§ 7-8.11, 7-9.11; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)
If any act required by this chapter to be performed by any person cannot be performed within the time provided on account of shortage of materials, strikes, war, restraint by any public authority or court, labor disturbances, civil disobedience, or any other circumstances beyond the control of said person, then the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitations.
(Prior code §§ 7-5.10, 7-6.10, 7-7.10, 7-8.12, 7-9.12; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)