HomeMy WebLinkAboutORD 2527.. • WJML:KIJ:mf 4oc
ORIGINAL
ORDINANCE NO. 2527
AN ORDINANCE OF THE COUNCIL OF THE CITY OF'-PALO ALTO
AMENDING TITLE 12 OF THE PALO ALTO MUNICIPAL CODE
TO ADD SECTIONS 12.16.091 TO 12.16.097, INCLUSIVE,
TO CHAPTER 12,16 THEREOF, ~ELATING TO THE FINANCING
OF THE CONVERSION OF ELECTRICAL SERVICE CONNECTIONS
TO UNDERGROUND LOCATIONS
The Council or the City of Palo Alto does ordain as follows:
Section 1. Section 12.16.091 is added to the Palo Alto Municipal
Code, to read:
11 12.16.091 Fi'nancing of' Service Connection Conversions.
Whenever the conversion to underground locations of all faclli
ties and wires used in supplylng electric servic!e is, under
established policies and ptocedures 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
eonversi-on ·to Underground -locations of--thc ind~··.tid~~l----electric
power service connections on private property (hereinafter
referred to as "service connections") may be accomplished in
the manner hereinafter set forth in Se:cti.ons 12.16.092 to
12.16.097, inclusive."
section 2. Section 12.16.092 is added to said code, to read:
11 12, 16.·og2 Notice of Intention. At the time of the call
of the public-hearing on €fie formation of sue~ an underground
utility district, as requi:r~d by Section 12.16.040, the council
m~y a~thoriz~ the city clerk to inGlude in.the notice to be
mailed to all affected propertyowners, pursuant to said Section
12~16.o4o, a statement to·the effect that any affected owner has
the dption of pajitig the cost of·converting his service connec
tion to undergrouncl locations over a pariod of years, (the num
ber to be determined by the council ah~ set forth in the notice)
with interest to be determined as hereinafter· provided. .The ·
notice shall be accompanied. by an (tppropriate fornr by which
the option ·may be exe·rcised.
The notic·e · shail also set forth:
''·"
a) The· ~stimated cost of accolJlplishing the unde.rground
construction work, as determined by the chief electrical
engineer, herein called 11 the base cos_t"; ..
b) An additional fixed amount per parcel, als9 to.be
determined by the chief electrical engineer, representing the
cost of. making the estimat·e' establishing the. lien and . other
incidental legal.and engineering expense involved ,in the pro-
ceedings, herein called "incidental expense"; ·
·c) The total amount·'ol' (a} .plus (b), herein called "the
special assessment 11 ; and .
d) The fac·t thltt the ct ty, JJp9n e·xercise of. the option
and the accomplishment of the µ·nderground construction work
as required by Section·12.16.09o, will,pay the b_!lse cost to
the owner who accomplishes the underground construct.ion, subject
to the payment of the amount of the special assessment as here-
ill.af'ter provided. " :-t: ; ,./, ·.·~ ... ~· / /' , ,, ,.1 ,;
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Section 3. Section 12.16.093 is added to said code, to read:
11 12.16.093 Public Hearin and Filin, of Assessment J...ist.
At the time fixed-i'Or ear ng on -e ques , on o orm ng e
underground utility district, the council sh~ll d~termine
the properties the owners of which have exercised the option
to pay the cost over a period of years and shall direct that
the base cost shall be paid by the city subject to·payment of
the special assessment in the manher hereinafter set forth.
Immediately upon formation of the underground utility district,
a complete list of such properties, identifying them and setting
forth the respective amounts of the proposed special assessments,
shall be prepared by the chief electrical engineer and filed in
the officesof the city controller, the county controller, and
the count,y tax collector."
Section 4. Section 12.16.094 is added to said code, to read:
11 12.16.094 ·Payment of Base Cost and Establishment of.
HSpecial A:J:Jessm~nt Lien. Upon completion \pursuant to Section
12.16.090) of the underground construction work on any parcel
as to which the option has been exercised, the owner who accom-
-plished said work may file with the city controller a verified.
claim for the base cost. Th~ ~lalm shalJ. be audited and paid
in the manner provided tiy law.11
Section 5. Section 12.16.095 is added to said code, to read:
11 12.16.095 Notiqe and Lien. Concurrently with such pay
ment, the city controll~r shall record a notice of assessment
in the office of the superintendent of streets in substantially
the following form:
NOTICE OF ASSESSMENT
~1rsuant to the requirements of Sections 12.16.091 to
12.16.097,.inclusive, of the Palo Alto Municipal Code,-the
undersigned city controller hereby gives notice of a special
assessment in the amount of $ ,against the following
described propertyi
(Insert description)
No·tice is further given said special assessment shall
become a lien upon the property described herein upon the
recording of this notice in the office of the siiperintendent
of streets of said city.
ControlleI" of the City of Palo Alto
By
natea · · , .
Upon such,. recoidat:ton, the· amount of the special assess
ment shall constitute a lien on the parcel of property described
,iri the notice for the amo1.lnt of such assessment until paid,
·with the same? priority as special assessment liens established
pursuant to Title 13 of this cod,e. All remedies available for.:
the enforcement and colleciti6n of liens established under said
Title 13 shall apply to liens established under this·chapter.11
. . . •
Section 6. Section 12.16.096 le added to said Code, to read:
11 i2.1_6.096 Collection and Payment. The principal amount or each 6f said assessments sfiall, upon recordation, become
payable in equal annualinstallments over the number of years
set forth in the notice or hearing provided for in Section
12.16.092, with interest computed at a rate equal to 3/4 of 1%
in excess of the rate shown in the New York Bond Buyer Index of
Municipal Bond Average Yields for 20 bonds for the week next
preceding the -day bn ~hich the under~round utility district is
ordered formed; The amounts of principal and interest payable
on each assessment shall be set forth on an auditor's record
and transmitted to the county controller of the County of
Santa Clara on or before the ls t day of July of each year. The
amounts shown on said auditor's record against the respective
parcels of land shall be entered on the next tax roll upon
which general city taxes are to be collected. Thereafter, such
amounts shall be collected at the same time, and in the same
manner, as general city taxes are collected, and shall.be sub
ject to the ·~ame interest and penalties, and the same procedur~
and: sale in case of delinquencies. All laws applicable to the_
levy, collection and enforcement of city taxes are hereb¥, made
applicable to such assessment installments. and interest• ·1
Section 7. Section 12.16.097 is added to said code, to read:
11 12.16.097 Fundin~ of Untaid Assessments. The council
may, at any time, provl e forhe issuance of and sell bonds
to represent the unpaid principal amounts of any special assess
ments levied under this chapter under any of the bond plans set
forth in Title 13."
Section 8~ This ordinance. shall go into effect thirty (30} days
after it~ firiai passage by this council.
* * * * * *
The above and foregoing Ordinance was duly and regularly intro:
duced at a regular meeting of the Council of the City of Palo Alto on
Monday, . the ~ day of August . , 1969,.and was thereafter passed
at a regular meeting of the Council-of the City of Palo Alto on
Monday the 18th day of Aligust · , 1969; by the .following vote:
AYES: Beahrs. Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson,
Spaeth, Wheatley
NOES : · · :'None
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city A\torney
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