12.08.020 Establishment.

(A) Council Hearing. The council may from time to time call a public hearing 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 city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service.

(B) Notice. 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 hearing at least ten days prior to the date thereof.

(C) Conducting of Hearing. Each such hearing shall be open to the public and may be continued from time to time. At such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

(D) Report. Prior to holding such public hearing, the public works director shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total cost to the city and affected property owners. Such reports shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(E) Council Designation of District. If, after any such public hearing the council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installations. Such resolution shall include a description of the area comprising such district and shall fix the time 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.

(F) Notice of Establishment. Within ten days after the effective date of a resolution adopted pursuant to this section, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall prior to the date specified in said resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

(G) Notice of Establishment Method. Such notice by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to this section, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.