(A) The Board of Supervisors finds and declares that the undergrounding of utility services is a benefit that inures to property within an underground utility district. It is appropriate and necessary for the preservation of the health, safety and welfare and for the furtherance of the purposes of this chapter that a portion of the cost for the undergrounding be paid by the property owners in accordance with the benefits received.
(B) It is the further finding of the Board of Supervisors that payment of assessments in accordance with the benefits received will be used to reimburse the revolving funds or accounts as contemplated herein and shall be expended only for expansion of, maintenance of or construction of underground utility district and facilities.
(C) It is the further finding of the Board that the primary benefit of underground utilities conversion insures to property being redeveloped for a higher and better use. Consequently, it is equitable to impose assessments for the work on the basis of benefits which accrue at the time that the property liable for assessment is rezoned or is granted entitlement of use.
(D) It is the further finding of the Board of Supervisors that redevelopment of property for a higher and better use necessarily intensifies utility use beyond the capacity of existing aerial utility service facilities to provide safe, adequate and beneficial service to the redeveloped property. Therefore, conversion of the service is necessary and appropriate to serve the new uses and to regulate the design and improvement of the uses.
(1966 Code, § 17B-11) (Ord. 519, § 305)