18-2 HEARINGS AND DESIGNATION OF DISTRICTS.

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 Town and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service or the installation of a modified underground system. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten (10) days prior to the date thereof. Each hearing shall be open to the public and may be continued from time to time. At each hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. At the conclusion of the hearing, the Council may make changes in, to or from the boundaries of the designated district area but the Council shall not change the boundaries to include any territory which was not described in the notice for the aforesaid public hearing.

18 2 2 D i ti b C il R l ti

18-2.2 Designation by Council Resolution.

If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and underground installation or the installation of a modified underground system within a designated area, the Council shall, by resolution, declare the designated area an underground utility district and order the removal and underground installation or the installation of a modified underground system. The resolution shall include a description of the area comprising the district and shall fix the time within which the removal and underground installation or the installation of a modified underground system 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 or the installation of a modified underground system, having due regard for the availability of labor, materials and equipment necessary for the removal and for the installation of the underground facilities as may be occasioned thereby.