Article II — Procedure for Establishing Underground Utility Distribution Facilities…

Whenever the board of supervisors finds and determines that the public safety and general welfare requires the establishment of an underground utility distribution facilities district in order to accomplish the objects and purposes of this chapter, such board may, by ordinance, create and establish such districts, from time to time. Before enacting an ordinance establishing such a district, the board of supervisors shall comply with the provisions of this chapter.

(Prior gen. code § 5-510.1)

The board of supervisors shall, prior to the adoption of a resolution of intention to establish an underground utility distribution facilities district, order the county surveyor and road commissioner to make and file with the board a report on the proposed project.

(Prior gen. code § 5-510.2)

After the report is considered by it, the board may pass a resolution of intention to establish the underground utility distribution facilities district.

(Prior gen. code § 5-510.3)

The resolution of intention to establish such district shall:

A.

Contain a statement of the intention to form the underground utility distribution facilities district;

B.

Contain a description of the public streets, or portion thereof, from which such utility distribution facilities must be removed and underground installation made, and a designation of such district by a distinctive number;

C.

Fix the date by which the undergrounding of utility distribution facilities must be completed, which date of completion may be postponed for a reasonable time for good and sufficient cause. A reasonable time shall be allowed for such removal and underground installation having due regard for availability of necessary labor, materials and equipment for such removal and installation of such underground facilities as may be occasioned thereby;

D.

Fix the time and place for a public hearing thereon, at which hearing protests and objections from all interested persons shall be heard and considered;

E.

Direct the clerk of the board of supervisors to give notice of such hearing in the manner designated in this chapter.

(Prior gen. code § 5-510.4)

After adoption of the resolution of intention to establish such district, notice thereof shall be published once a week for two successive weeks in a newspaper published and circulated in the county, and by posting notices in conspicuous places along the street or streets within the proposed underground district at not more than three hundred (300) feet apart, but not less than three notices in all, stating the fact and date of the adoption of the Resolution of intention, and the date, time and place fixed for the hearing of protests and objections. The publication and posting shall be at least ten days before the date set for such hearing. The clerk of the board shall also mail a copy of such Resolution of intention to each utility whose facilities are affected by such resolution.

(Prior gen. code § 5-510.5)

Any person interested who objects to the establishment of such proposed district or to the extent of the boundaries thereof may file a protest or objection in writing with the clerk of the board prior to the hearing, or may present oral protests and objections at the hearing.

(Prior gen. code § 5-510.6)

The board of supervisors shall hear, consider and pass upon the protests and objections at the time appointed therefor, or at any time to which the hearing thereof may be adjourned, and may modify or

correct the boundaries of the proposed district. If such protests and objections are denied, or if no protests and objections are filed, the board may, by ordinance, establish the proposed district. The board of supervisors shall acquire jurisdiction to proceed upon the date such ordinance becomes effective.

(Prior gen. code § 5-510.7)