Each owner of property within each district being served or desiring to be served by any utility shall, at his expense, provide the underground service connection required by each serving utility, or that portion thereof required to be provided by the rules, regulations, and tariffs of such utility on file with the Commission and/or in accordance with the provisions of its franchise.
The service connection shall be completed and ready for service in accordance with the construction schedule supplied by the City Engineer. Prior to the start of construction, the City Engineer shall mail, postage prepaid, to the owners and occupants, in the manner provided in § 7-5.03(c) of this chapter, a construction notice specifying the service connection work to be done and the date on or before which such service connection shall be completed and ready for use. Such notice shall also advise the addressee that, in the event any required service connection has not been completed to meet the construction program of the utility concerned, or the date stipulated in such notice, whichever is later, the City Engineer shall thereupon undertake to provide the required service connection by force account or by contract; provided, however, if there is no occupant and no utility service is being furnished, the City Engineer shall have the option to order the removal of any existing aerial service facilities without replacement thereof.
Upon completion of the work by the City Engineer, he shall file a written report with the Council setting forth the facts that the required underground facilities have been provided and/or that the aerial facilities have been removed and the cost thereof, together with the legal description and Assessor's parcel number of each such parcel of property against which such cost is to be assessed.
The Council shall then set a time and place, not less than ten (10) days thereafter, for hearing protests against such assessments and authorize the City Clerk to give notice thereof to each such owner and/or occupant in the manner provided in § 7-5.03(c) of this chapter. The notice shall include the name and address of the owner, a description of the work done and the cost thereof, and the time and place set for the hearing of protests.
At the time and place set for such hearing, the Council shall hear and consider the protests and the report of the City Engineer and, upon the conclusion of such consideration, shall affirm, modify, or reject each proposed assessment. The Council shall then direct the City Clerk to give notice to the owner of each property so assessed in the manner provided in § 7-5.03(c) of this chapter, stating the amount of the affirmed assessment and that the same is to be paid within five (5) days after the receipt of such notice. Any such assessment remaining unpaid thereafter shall become a lien against the property and shall be forwarded by the City Clerk to the Assessor to be included in the next regular property tax bill levied against the premises, such assessment to be due and payable with the tax. Any such assessment shall bear interest from one month after the affirmation thereof at the maximum legal rate then in effect.
(§ 7, Ord. 1687, eff. June 20, 1968)