(A) Reports.
(1) The Council may from time to time, call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
(2) Prior to holding such public hearings, the Director of Public Works shall prepare a report for submission at such hearings containing, among other information, the extent of the utilities' participation and estimates of the total cost to the city and affected property owners. The report shall also contain an estimate of the time required to complete the underground installation and the removal of overhead facilities.
('63 Code, § 7-6.02)
(B) Council may designate underground utility districts by resolution. If, after any such public hearing, the Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
('63 Code, § 7-6.03)
(Ord. 113-C.S., passed 1-12-69; Am. Ord. 240-C.S., passed 12-6-74; Am. Ord. 375-C.S., passed 10-19-82)