8.90.040: DESIGNATION:
If, after a public hearing, the town council finds that it is in the general public interest to remove the poles, overhead wires, and associated overhead structures within the designated area and to perform such underground installation within the area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. The decision of the town council shall be final and conclusive. 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 must 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.
If the undergrounding is to be completed pursuant to rule 20A of the California public utilities commission, the town council shall make any findings required by rule 20A.
If necessary, the creation of such district shall comply with all applicable provisions of article XIIID of the California constitution (proposition 218). (Ord. 221, 2-1-2011)