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[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-8-1 Short title.
This act shall be known and cited as the "Utah Underground
Conversion of Utilities Law."
1969
54-8-2 Legislative purpose.
The Legislature finds that in many areas of the state,
it is in the public interest to convert existing overhead
electric and communication facilities to underground locations
through the creation of an improvement district. The Legislature
hereby declares that a public purpose will be served by providing
a procedure to accomplish such conversion and that it is
in the public interest to provide for such conversion by
proceedings taken pursuant to this chapter whether such areas
be within the limits of a city or town or within a county.
1969
54-8-3 Definitions.
As used in this chapter the following words and phrases and any variations thereof shall have the following meaning:
"Communication service" means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits or the transmission of standard television or radio signals.
"Electric service" means the distribution of electricity by an electrical corporation for heat, cooling, light or power.
"Convert" or "conversion" means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.
"Electric or communication facilities" means any works or improvements used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. "Electric facilities" shall not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of thirty-five thousand volts.
"Overhead electric or communication facilities" means electric or communication facilities located, in whole or in part, above the surface of the ground.
"Underground electric or communication facilities" means electric or communication facilities located, in whole or in part, beneath the surface of the ground.
"Public utility" means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities.
"Governing body" means the board of commissioners, city council or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town.
"Resolution" shall be construed to mean ordinance when the governing body properly acts by ordinance rather than by resolution.
"Assessment" shall be construed to mean for the purpose
of taxation wherever appropriate.
1969
54-8-4 Creation of local improvement districts authorized.
The governing body of every county is hereby authorized and empowered to create local improvement districts under this chapter within the unincorporated portion of such county, and the governing body of every city and town is hereby authorized and empowered to create local improvement districts under this chapter within its territorial limits:
To provide for the conversion of existing overhead electric
and communication facilities to underground locations and
the construction, reconstruction or relocation of any other
electric or communication facilities which may be incidental
thereto, pursuant to the provisions of this chapter.
1969
54-8-5 Apportionment of costs - Assessment against benefited property - Public lands not subject to assessment.
Whenever any improvement authorized to be made by any
governing body by the terms of this chapter is ordered, the
governing body shall provide for the apportionment of the
cost and expenses thereof as in their judgment may be fair
and equitable in consideration of the benefits accruing to
the abutting, adjoining, contiguous and adjacent lots and
lands and to the lots and lands otherwise benefited and included
within the improvement district formed. Each lot and parcel
of the land shall be separately assessed for the cost and
expenses thereof in proportion to the number of square feet
of such lands and lots abutting, adjoining, contiguous and
adjacent thereto or included in the improvement district,
and in proportion to the benefits derived to such property
by said improvements. The entire cost of the improvement
may be assessed against the benefited property as herein
provided or if money for paying part of such cost is available
from any other source, the money so available may be so applied
and the remaining cost so assessed against the benefited
property. The cost and expenses to be assessed as herein
provided for shall include the contract price of the improvement,
engineering and clerical services, advertising, cost of inspection,
cost of collecting assessments, and interest upon bonds if
issued, and for legal services for preparing proceedings
and advising in regard thereto. Fee lands and property of
public entities such as the federal government, state of
Utah or any county, city or town shall not be considered
as lands or property benefited by any improvement district
and unless such public entity within the boundaries of an
improvement district consents in writing, filed before the
governing body adopts the resolution provided for in Section
54-8-8
, the lands and property of such public entity
shall not be subject to assessment for the payment of any
of the cost or expense of such improvement.
1969
54-8-6 Creation of improvement district - Petition by property owners - Resolution of governing body - Utilities to submit reports.
Any governing body may upon a petition signed by two-thirds
of the owners of the real property and the owners of not
less than two-thirds in value of the real property, as shown
by the last assessment rolls, of any proposed district requesting
the creation of an improvement district as provided for in
this chapter, pass a resolution at any regular or special
meeting declaring that it finds that the improvement district
proposed is in the public interest. It must be determined
that the formation of the local improvement district for
the purposes set out in this chapter will promote the public
convenience, necessity, and welfare. The resolution must
state that the costs and expenses will be levied and assessed
upon the property benefited and further request that each
public utility corporation serving such area by overhead
electric or communication facilities shall, within 120 days
after the receipt of the resolution, make a study of the
cost of conversion of its facilities in such area to underground
service. The report of said study shall be provided to the
governing body and made available in its office to all owners
of land within the proposed improvement district. The resolution
of the governing body shall require that the public utilities
be provided with the name and address of the owner of each
parcel or lot within the proposed improvement district, if
known, and if not known the description of the property and
such other matters as may be required by the public utility
corporations in order to perform the work involved in the
cost study. The resolution shall further state the size and
square feet of each lot or parcel within the proposed conversion
service area. Each public service corporation serving such
improvement district area by overhead electric or communication
facilities shall, within 120 days after receipt of the resolution,
make a study of the costs of conversion of its facilities
in such district to underground service, and shall together
provide the governing body and make available to its office
a joint report as to the results of the study.
1969
54-8-7 Reports of utilities - Recommendations - Estimate of costs.
The public utility or utilities report shall set forth
an estimate of the total underground conversion costs and
shall also indicate the costs of underground conversion of
facilities of the public utility corporations located within
the boundaries of the various parcels or lots then receiving
service. The report shall also contain the public utility
corporations' recommendations concerning the feasibility
of the project for the district proposed in so far as the
physical characteristics of the district and the facilities
of the public utilities within the district are concerned.
The report shall make recommendations by the public utility
corporations concerning inclusion or exclusion of areas within
the district or immediately adjacent to the district. The
governing body shall give careful consideration to the public
utility corporations' recommendations concerning feasibility,
recognizing their expertise in this area, and may amend the
boundaries of the proposed improvement district provided
that the costs and feasibility report of the public utilities
contains a cost figure on the district as amended or it may
request a new costs and feasibility report from the public
utilities concerned on the basis of the amended district.
The cost estimate contained in the report shall not be considered
binding on the utilities if construction is not commenced
within six months of the submission of the estimate for reasons
not within the control of the utility. Should such a delay
result in a significant increase of the conversion costs,
new hearings shall be held on the creation of the district.
In the event that only a minor increase results, only the
hearing on the assessments need be held again.
1969
54-8-8 Approval of utilities' report by governing body - Passage of resolutions - Contents.
On the filing with the clerk of any governing body of
the costs and feasibility report by the public utility corporation(s),
as hereinbefore provided and after considering the same,
the governing body may, at any regular or special meeting,
pass a resolution declaring its intention to create a local
improvement district. The resolution shall state that the
costs and expenses of the district created are, except as
otherwise provided for, to be levied and assessed upon the
abutting, adjoining, and adjacent lots and land along or
upon which improvements are to be made, and upon lots and
lands benefited by such improvements and included in the
improvement district created; that it is the intention of
the governing body to make such improvement which will promote
the public welfare; and shall further state the area and
boundaries of the proposed improvement district, the character
of the proposed improvement, the estimated total cost of
the same, and the intention of the governing body to hold
or cause to be held a public hearing on the proposed improvement.
1969
54-8-9 Public hearing - Notice - Contents.
Following the passage of the resolution in Section 54-8-8 , the governing body shall cause notice of a public hearing on the proposed improvement to be given in the manner provided in Section 54-8-10 . Such notice shall:
(1) describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district;
(2) describe in a general way the proposed improvement, specifying the streets or property along which it will be made and the nature of the benefits to the property within the district;
(3) state the estimated cost as determined from the costs and feasibility report and including the contract price of the improvement and the cost of engineering and clerical service, advertising, inspection, collection of assessments, interests upon bonds, if issued, and for legal services for preparing proceedings and advising in regard thereto;
(4) state that it is proposed to assess the real property in the district to pay all or a designated portion of the cost of the improvement according to the square footage of and the benefits to be derived by each tract, block, lot and parcel of land within the district;
(5) state the time and place at which the governing body will conduct a public hearing upon the proposed improvement and on the question of benefits to be derived by the real property in the district;
(6) state that all interested persons will be heard and
that any property owner will be heard on the question of
whether his property will be benefited by the proposed improvement.
1969
54-8-10 Public hearing - Notice - Publication.
Such notice shall be published in full one time in a newspaper
of general circulation in the district or if there be no
such newspaper, by publication in a newspaper of general
circulation in the county, city, or town in which said district
is located and by posting in not less than three public places
in such district. A copy of such notice shall be mailed by
certified mail to the last known address of each owner of
land within the proposed district whose property will be
assessed for the cost of the improvement. The address to
be used for said purpose shall be that last appearing on
the real property assessment rolls of the county wherein
said property is located. In addition, a copy of such notice
shall be addressed to "Owner" and shall be so mailed addressed
to the street number of each piece of improved property to
be affected by the assessment. Mailed notices and the published
notice shall state where a copy of the resolution creating
the district will be available for inspection by any interested
parties.
1969
54-8-11 Hearings - Representatives of utilities to be present - Changes in proposal - Adoption or abandonment of project.
On the date and at the time and place specified in the aforesaid notice, the governing body shall in open and public session hear all objections to the creation of the proposed district, the making of the proposed improvements, and the benefits accruing to any tract, block, lot or parcel of land therein. Representatives of the public utilities concerned shall be present at all such hearings. Such hearings may be adjourned from time to time to a fixed future time and place. If at any time during the hearings, it shall appear to the governing body that changes in the proposed improvements or the proposed district should be made, which, after consultation with the public utilities concerned, appear to affect either the cost or feasibility of the improvements, the hearing shall be adjourned to a fixed future time and place and a new costs and feasibility report prepared on the basis of the contemplated changes.
After the hearing has been concluded and after all persons
desiring to be heard have been heard, the governing body
shall consider the arguments put forth and may make such
changes in the area to be included in the district as it
may consider desirable or necessary. However, no such changes
shall be made unless a costs and feasibility report has been
prepared on the basis of such changes. After such consideration
and determination, the board shall adopt a resolution either
abandoning the district and project or determining to proceed
with the district and project, either as described in the
notice or with changes made as above authorized.
1969
54-8-12 Property owners failing to appear at hearings - Waiver of rights.
Every person who has real property within the boundaries
of the district and who fails to appear before the governing
body at the hearing and make any objection he may have to
the creation of the district, the making of the improvements
and the inclusion of his real property in the district, shall
be deemed to have waived every such objection. Such waiver
shall not, however, preclude his right to object to the amount
of the assessment at the hearing for which provision is made
in Section
54-8-17
.
1969
54-8-13 Assessment list to be prepared.
After a decision is taken by a governing body to proceed
with the district and project, it shall cause to be prepared
an assessment list detailing the total amount to be assessed,
the specific properties assessed, and the amount of assessment
on each piece of property.
1969
54-8-14 Declaration of costs - Contents of resolution.
After the preparation of the proposed assessment list,
the governing body shall cause to be prepared for adoption
at the hearing hereinafter provided for, a resolution declaring
the entire cost of the improvement including the cost of
construction as determined from the costs and feasibility
report and other incidental costs, legal and fiscal fees
and costs, the cost of the publication of notices and all
other costs properly incident to the construction of the
improvement and the financing thereof. Such resolution shall
specify what share, if any, of the total cost is payable
from sources other than the imposition of assessments and
shall incorporate the proposed assessment list provided for
in Section
54-8-13
.
1969
54-8-15 Board of equalization and review - Appointment - Functions and authority.
Whenever the governing body of any municipality shall
propose to levy any tax under any provision of this chapter,
it shall before doing so, appoint a board of equalization
and review which shall consist of three or more of its members.
This board shall perform the functions of the governing body
under Sections
54-8-16
and
54-8-17
and shall have authority to make corrections
in the proposed assessments under the provisions of Section
54-8-17
. After having concluded the public hearings
provided for in Section
54-8-17
, the board shall make a report to the body
appointing it of any changes or corrections made by it in
the assessment list together with its finding that each piece
of property within the improvement district will be benefited
in amounts not less than the assessment to be levied against
such property.
1987
54-8-16 Notice of assessment - Publication.
After the preparation of the aforesaid resolution, notice
of a public hearing on the proposed assessments shall be
given. Such notice shall be published one time in a newspaper
in which the first notice of hearing was published at least
twenty days before the date fixed for the hearing and shall
be mailed by certified mail not less than fifteen days prior
to the date fixed for such hearing to each owner of real
property whose property will be assessed for part of the
cost of the improvement at the last known address of such
owner using for such purpose the names and addresses appearing
on the last completed real property assessment rolls of the
county wherein said affected property is located. In addition,
a copy of such notice shall be addressed to "Owner" and shall
be so mailed addressed to the street number of each piece
of improved property to be affected by such assessment. Each
notice shall state that at the specified time and place,
the governing body will hold a public hearing upon the proposed
assessments and shall state that any owner of any property
to be assessed pursuant to the resolution will be heard on
the question of whether his property will be benefited by
the proposed improvement to the amount of the proposed assessment
against his property and whether the amount assessed against
his property constitutes more than his proper proportional
share of the total cost of the improvement. The notice shall
further state where a copy of the resolution proposed to
be adopted levying the assessments against all real property
in the district will be on file for public inspection, and
that subject to such changes and corrections therein as may
be made by the governing body, it is proposed to adopt the
resolution at the conclusion of the hearing. A published
notice shall describe the boundaries or area of the district
with sufficient particularity to permit each owner of real
property therein to ascertain that his property lies in the
district. The mailed notice may refer to the district by
name and date of creation and shall state the amount of the
assessment proposed to be levied against the real property
of the person to whom the notice is mailed.
1969
54-8-17 Assessments - Hearings on - Corrections of - Assessment not to exceed benefit.
On the date and at the time and place specified in the
aforesaid notice, the governing body shall, in open and public
session, hear all arguments relating to the benefits accruing
to any tract, block, lot or parcel of land therein and the
amounts proposed to be assessed against any such tract, block,
lot or parcel. The hearing may be adjourned from time to
time to a fixed future time and place. After the hearing
has been concluded and all persons desiring to be heard have
been heard, the governing body shall consider the arguments
presented and shall make such corrections in the assessment
list as may be considered just and equitable. Such corrections
may eliminate, may increase, or may decrease the amount of
the assessment proposed to be levied against any piece of
property. However, no increase of any proposed assessment
shall be valid unless the owner of the property is given
notice and an opportunity to be heard. After such corrections
have been made, the governing body shall make a specific
finding that no proposed assessment on the corrected assessment
list exceeds the benefit to be derived from the improvement
by the piece of property to be so assessed and that no piece
of property so listed will bear more than its proper proportionate
share of the cost of such improvement.
1969
54-8-18 Assessments - Resolution to adopt.
After the public hearing has been concluded and all corrections
made to the assessment list, and in the case of a municipality,
after receiving the report from the board of equalization
and review, the governing body shall proceed to adopt the
assessment resolution.
1969
54-8-19 Assessments - Right to levy against property - Due date - Notice - Payment in annual installments.
The governing body may levy the assessments under the assessment list in whole or in part at any time after the adoption of the assessment resolution, but if not levied as a whole, any partial levies shall be made on the basis of completed improvements and the property benefited thereby.
The amount of the assessment will become due and collectible
immediately upon the levying of the assessment and if it
is not paid within thirty days from the date of such levy
it shall, at the expiration of such thirty days, commence
to bear interest at a rate fixed by the governing body but
not to exceed 7% per annum. Notice shall be given in the
same manner as in Section
54-8-16
and shall specify the date of the levy, the
date when interest will commence, the amount of such interest,
and the period of years over which installment payments may
be made. If not paid within the thirty days allowed, it will
be presumed that each owner exercises the right and option
to pay the amount due in equal annual installments bearing
interest at the rate specified in the notice and extending
over the period of years not exceeding twenty specified in
the notice. The first installment shall become due one year
from the date when interest commenced and one installment
shall become due on the same day of the same month annually
thereafter. Any assessment may be prepaid on any annual installment
date without interest penalty provided the total balance
of the assessment, including accrued interest, costs and
penalties, be paid.
1969
54-8-20 Assessments - Failure to pay installment - Interest and penalties - Lien on property - Sale of property - Disposition of proceeds.
The failure to pay any installment and any interest thereon
when due shall ipso facto cause all other installments and
the interest thereon to become due and payable and the governing
body shall, within thirty days from the date of such default,
proceed against the property for the collection of the total
amount due thereon, including interest plus ten per cent
additional on unpaid principal and interest as penalties
and costs of collection. Special assessments levied hereunder
shall rank on an equality with taxes levied against the property
assessed by the state, the county and all other taxing districts,
and no sale of property for the nonpayment of taxes or other
special assessments shall extinguish the lien of other than
the taxes or special assessments for the nonpayment of which
such sale is had. The proceeds of the sale of any property
for nonpayment of special assessments shall be applied in
the discharge of such assessments, the interest thereon,
costs and penalties. If there are outstanding any special
improvement bonds issued pursuant to the improvement in question,
proceeds of the sale of any property for nonpayment of any
special assessments shall after the payment therefrom of
the costs of collection be applied to the costs of redemption
prior to maturity of as many of the outstanding special improvement
bonds as can be retired with the amount available. Any surplus
remaining after the payment of amounts due shall be paid
over to the owner of the property sold. The lien of special
assessments levied hereunder shall be superior to all other
liens against the property assessed except that it shall
be on a parity with the lien of ad valorem taxes and a lien
of other special assessments and shall be effective from
and after the date upon which the resolution levying the
assessments is adopted.
1969
54-8-21 Assessments - Prepayment of unpaid installments.
The governing body may in the resolution levying the assessments
provide that all unpaid installments of assessments levied
against any piece of property may (but only in their entirety)
be paid prior to the dates on which they become due if the
property owner paying such installments pays all interest
which would accrue thereon to the next succeeding date on
which interest is payable on the bonds issued in anticipation
of the collection of the assessments, together with such
additional amount of interest as in the opinion of the governing
body is necessary to assure the availability of money fully
sufficient to pay interest on the bonds as interest becomes
due and any redemption premiums which may become payable
on the bonds in order to retire in advance of maturity bonds
in a sufficient amount to utilize the assessments thus paid
in advance. If no bonds have been issued then all unpaid
installments of assessments levied against any piece of property
may be paid in their entirety prior to the date upon which
they become due by paying the principal amount due and the
interest accrued thereon to the date of payment.
1969
54-8-22 Bonds - Issuance authorized - Amount - Interest - Additional requirements.
After the expiration of 30 days from the date of the adoption
of the resolution levying the assessments, the county legislative
body may issue negotiable interest-bearing bonds in a principal
amount not exceeding the unpaid balance of the assessments
levied. The bonds shall bear interest at not exceeding 7%
per annum, payable semiannually or annually, and shall mature
serially over a period not exceeding twenty years, but in
no event shall such bonds extend over a longer period of
time than the period of time over which such installments
of special assessments are due and payable and 90 days thereafter.
The bonds shall be of such form and denomination and shall
be payable in principal and interest at such times and place,
and shall be sold, authorized, and issued in such manner
as the county legislative body may determine. The bonds shall
be dated no earlier than the date on which the special assessment
shall begin to bear interest, and shall be secured by and
payable from the irrevocable pledge and dedication of the
funds derived from the levy and collection of the special
assessments in anticipation of the collection of which they
are issued. Any premium received on the sale of the bonds
may be applied as other bond proceeds or if not so applied
the same shall be placed in the fund for the payment of principal
of and interest on the bonds. The bonds shall be callable
for redemption from the proceeds of any property sold for
the nonpayment of special assessments but not otherwise unless
the bonds on the face thereof provide for redemption prior
to maturity, and the county legislative body may provide
that the bonds shall be redeemable on any interest payment
date or dates prior to maturity pursuant to such notice and
at such premiums as it deems advisable. The bonds shall be
signed by the county executive and the chair of the county
legislative body and shall be countersigned by the city recorder
or the clerk of the board of the town trustees or the clerk
of the county legislative body, whichever is applicable,
and one of such signatures may be a facsimile signature.
Interest may be evidenced by interest coupons attached to
such bonds and signed by a facsimile signature of one of
the individuals who signed the bond.
1993
54-8-23 Objection to amount of assessment - Civil action - Litigation to question or attack proceedings or legality of bonds.
No special assessment levied under this chapter shall be declared void, nor shall any such assessment or part thereof be set aside in consequence of any error or irregularity permitted or appearing in any of the proceedings under this chapter, but any party feeling aggrieved by any such special assessment or proceeding may bring a civil action to cause such grievance to be adjudicated if such action is commenced prior to the expiration of the period specified in this section. The burden of proof to show that such special assessment or part thereof is invalid, inequitable or unjust shall rest upon the party who brings such suit. Any such litigation shall not be regarded as an appeal within the meaning of the prohibition contained in Section 54-8-18 . Every person whose property is subject to such special assessment and who fails to appear during the public hearings on said assessments to raise his objection to such tax shall be deemed to have waived all objections to such levy except the objection that the governing body lacks jurisdiction to levy such tax.
For a period of twenty days after the governing body has
adopted the enactment authorizing the assessment, any taxpayer
in the district shall have the right to institute litigation
for the purpose of questioning or attacking the proceedings
pursuant to which the assessments have been authorized subject
to the provisions of the preceding paragraph. Whenever any
enactment authorizing the issuance of any bonds pursuant
to the improvement contemplated shall have been adopted such
resolution shall be published once in a newspaper in which
the original notice of hearing was published. For a period
of twenty days thereafter, any person whose property shall
have been assessed and any taxpayer in the district shall
have the right to institute litigation for the purpose of
questioning or attacking the legality of such bonds. After
the expiration of such twenty-day period, all proceedings
theretofore had by the governing body, the bonds to be issued
pursuant thereto, and the special assessments from which
such bonds are to be paid, shall become incontestable, and
no suit attacking or questioning the legality thereof may
be instituted in this state, and no court shall have the
authority to inquire into such matters.
1969
54-8-24 Payment to utilities - Allowable costs.
In determining the conversion costs included in the costs and feasibility report required by Section 54-8-7 , the public utility corporations shall be entitled to amounts sufficient to repay them for the following, as computed and reflected by the uniform system of accounts approved by the Public Service Commission, Federal Communications Commission or Federal Power Commission:
(1) The original costs less depreciation taken of the existing overhead electric and communication facilities to be removed.
(2) The estimated costs of removing such overhead electric and communication facilities, less the salvage value of the facilities removed.
(3) If the estimated cost of constructing underground facilities exceeds the original cost of existing overhead electric and communication facilities, then the cost difference between the two.
(4) The cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for aboveground facilities, or where the pre-existing easements are insufficient for the underground facilities.
However, in the event the conversion costs are included
in tariffs, rules or regulations filed with or promulgated
by the Public Service Commission such conversion costs shall
be the costs included in the costs and feasibility report.
1969
54-8-25 Utilities responsible for work - May subcontract - Title to converted facilities retained.
The utility concerned shall be responsible for the accomplishment
of all construction work and may contract out such of the
construction work as it deems desirable. Title to the converted
facilities shall be at all times solely and exclusively vested
in the public utility corporations involved. The public body,
improvement district, or the public generally will not own
the facilities at any time and the public is purchasing only
the intangible benefits which come from converted facilities,
that is the removal of the overhead facilities and replacement
by underground facilities.
1969
54-8-26 Underground conversion on land not within easement - Objections by owner - Changes in service entrance equipment.
The public utility performing the conversion shall, at the expense of the owner, convert to underground all electric and communication service facilities located upon any lot or parcel of land within the improvement district and not within the easement for distribution. This shall include the digging and the back filling of a trench upon such lot or parcel unless the owner shall execute a written objection thereto and file the same with the clerk of the governing body not later than the date set for hearing objections to the improvement district as provided by law. Failure to file such written objection shall be taken as a consent and grant of easement to the utility and shall be construed as express authority to the public utility corporations and their respective officers, agents and employees to enter upon such lot or parcel for such purpose, and through failure to object, any right of protest or objection in respect of the doing of such work and the inclusion of the costs thereof in said assessment shall be waived. If an owner does file such written objection, he shall then be responsible for providing a trench which is in accordance with applicable rules, regulations or tariffs from the owner's service entrance to a point designated by the public utility and for back filling the trench following installation of the underground service by the public utility involved.
The costs of any work done by the public utility corporation shall be included in the assessment to be levied upon such lot or parcel unless the owner shall file a written objection thereto with the clerk of the governing body not later than the date set for hearing objections to the improvement district as provided by law. Should such an objection be filed, the owner involved shall be billed by the public utility involved for such work as it accomplishes upon the owner's property.
The owner shall, at his expense, make all necessary changes
in the service entrance equipment to accept underground service.
1969
54-8-27 Bill for conversion costs - Not to exceed estimate - Payment within thirty days - Accounting procedures.
Upon completion of the conversion contemplated by this
chapter, the public utility corporation shall present the
governing body with its verified bill for conversion costs
as computed pursuant to Section
54-8-24
but based upon the actual cost of constructing
the underground facility rather than the estimated cost of
the facility. In no event shall the bill for conversion cost
presented by the public utility corporation exceed the amount
of estimated conversion costs by the public utility corporation.
In the event the conversion costs are less than the estimated
conversion costs, each owner within the improvement district
shall receive the benefit, prorated in such form and at such
time or times as the governing body may determine. The bill
of the public utility corporation shall be paid within thirty
days by the governing body from the improvement district
funds. In determining the actual cost of constructing the
underground facility the public utility shall use its standard
accounting procedures, such as the Uniform System of Accounts
as defined by the Federal Communications Commission or the
Federal Power Commission and as is in use at the time of
the conversion by the public utility involved.
1969
54-8-28 Additional overhead facilities prohibited - Exception.
Once removed, no overhead electric or communication facilities
shall be installed within the boundary of a local improvement
district for conversion of overhead electric and communication
facilities in nominal voltages of less than thirty-five thousand
volts.
1969
54-8-29 Jurisdiction over public utilities.
Nothing contained in this chapter shall vest any jurisdiction
over public utilities in the governing bodies. The Public
Service Commission of Utah shall retain all jurisdiction
now or hereafter conferred upon it by law.
1969
54-8-30 Commencement of conversion - When required.
If an improvement district is established pursuant to
this chapter, the public utility corporations involved shall
not be required to commence conversion until the ordinance,
the assessment roll and issuance of bonds have become final
and no civil action has been filed or if civil action has
been filed, until the decision of the court upon the action
has become final and is not subject to further appeal.
1969
