Article 4 — Alternate Procedure for Conversion

If a person other than a utility does not install the facilities for which he is responsible as directed or within the time prescribed, the city may do the work and assess the cost against the property in the manner prescribed in Sections 7-342 through 7-354.

(Ord. 18 § 1 (part), 1968)

When the time for completing the conversion to underground expires, the city shall make an engineering study and prepare a list of each property owner who has not installed underground the facilities necessary to receive service from the utilities.

(Ord. 18 § 1 (part), 1968)

The list and report prepared under Section 7-342 shall be filed with the council. The council may adopt a resolution directing the institution of proceedings under Sections 7-342 through 7-354.

(Ord. 18 § 1 (part), 1968)

The city shall have a notice prepared in substantially the following form:

NOTICE TO INSTALL FACILITIES UNDERGROUND

___________ ___________

___________ ___________

that on ____, 19, the City Council of the City of Lafayette adopted a resolution creating an Underground Utility Zone and declaring that facilities shall be installed underground and directing that the work be completed no later than _______. Thereafter, the Council did on _______, adopt a resolution directing that proceedings be instituted under Sections 7-342—7-354 of the Municipal Code by which the City would do the work and assess the cost against the land and that the cost would be a lien upon the property until paid. Reference is made to these resolutions for further particulars.

The City has made an estimate of the cost of doing the work based upon an average installation. The estimated cost is $;$rule:. However, this is an estimate only and no detailed study has been made of the cost for your particular property.

Each property owner having an objection to the proposed estimate of cost for installation of underground facilities is notified to attend the meeting of the City Council to be held on _______, when their objections to this cost estimate will be heard and given due consideration.

(Date)

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(Title)

(Ord. 18 § 1 (part), 1968)

(a)

The city shall have a copy of the notice posted conspicuously in front of or on the property affected in any manner most likely to give actual notice to the property owner. The city shall also have the notice published once in a newspaper of general circulation circulated in the city and mailed to the property owner at his last known address or as shown on the last equalized assessment roll.

(b)

The posting, publication and mailing shall be complete at least ten days before the day set for the hearing.

(Ord. 18 § 1 (part), 1968)

At the time set for hearing, the council shall hear all objections and may continue the hearing from time to time. Upon the conclusion of the hearing the council shall allow or overrule each or any of the objections, after which it may order the work performed.

(Ord. 18 § 1 (part), 1968)

The city may do the work with its own forces or may let a contract for the work.

(Ord. 18 § 1 (part), 1968)

The city and each authorized agent or employee of city may enter upon the private property for the purpose of performing the work of installing underground facilities required by resolution of the council.

(Ord. 18 § 1 (part), 1968)

(a)

The public works director shall file an engineer's report showing the costs of doing the work on each separate parcel within 30 days after the work is completed.

(b)

Before submitting the report to the council, the council shall give notice of the time and place when it will consider the report and hear protests in the manner provided in Section 7-345 for the giving of notice to install facilities underground.

(Ord. 18 § 1 (part), 1968)

At the time fixed for considering the report, the council shall hear objections of each property owner liable for the cost of the work. The council may make such modifications as it considers necessary. Following the hearing, the council shall confirm the report.

(Ord. 18 § 1 (part), 1968)

If the amount fixed in the report is not paid within five days after the council confirms it, the amount of the cost for removing the overhead facilities and installing the underground facilities upon each of the parcels of property listed in the report as confirmed is a special assessment against the respective parcel of property and is a lien on the property for the amount of the assessment.

(Ord. 18 § 1 (part), 1968)

The city shall send a notice of lien on each property on which the assessment is not paid to the county assessor together with the request that the assessor enter the amounts of the assessment against the parcel of property as it appears on the assessment roll.

(Ord. 18 § 1 (part), 1968)

The tax collector shall include the amount of the assessment on the next regular bill for taxes levied against the property. The amount of the assessment shall be collected at the same time and in the same manner as county taxes are collected. The assessment is subject to the same penalty and the same procedure as in case of delinquency as provided for county taxes.

(Ord. 18 § 1 (part), 1968)

The laws which govern the levy, collection, enforcement, cancellation and refund of county taxes apply to the special assessment.

(Ord. 18 § 1 (part), 1968)