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.

(c) "Main communication lines"

means and includes toll lines and trunk lines.

(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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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, 2-7-1967; Formerly § 30A-13.4)

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)

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, 2-20-1968; Formerly § 30A-13.6)

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, 11-12-1968; Ord. 1203 § 1, 2-4-1969; Formerly § 30A-13.7)

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, 9-17-1985; Formerly § 30A-14)

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)