54-8-26 - Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities.
54-8-26. Notice that service from underground facilities is available --Consequences of failure to convert overhead facilities.
(1) (a) If service from the underground public utility is to be made available to all or partof an improvement district area, the governing body of the county or municipality that created thedistrict shall mail a notice to each owner of real property served from existing overhead facilitiesstating that:
(i) conversion of all facilities owned within the improvement district by a public utilityfrom overhead to underground to the point of delivery is proceeding;
(ii) the property owner is responsible for the changes in the service entrance equipmentlocated on the property to accommodate the conversion of the applicable public utility's facilitiesfrom overhead to underground at the point of delivery; and
(iii) each owner shall coordinate with the applicable public utility to make the conversionfrom overhead to underground service.
(b) In addition to improvement district assessments, the property owner shall bear theexpense of the conversion from overhead to underground described in Subsections (1)(a)(ii) and(iii).
(c) Each conversion of overhead facilities to underground facilities shall comply with allapplicable state and local laws, ordinances, rules, and regulations, and with all tariffs of theapplicable public utility.
(d) The public utility or its contractor shall perform the necessary construction to thepoint of delivery, unless the public utility authorizes another to perform the construction.
(2) (a) Failure to have the property owner's service entrance equipment described inSubsection (1)(a)(ii) converted to accommodate underground service within the time that thegoverning body specifies in writing shall be considered as the property owner's consent to andgrant of a construction easement to the county or municipality and as express authority to thecounty or municipality to arrange for qualified persons to enter upon the lot or parcel for thepurpose of making the required changes.
(b) A construction easement under Subsection (2)(a) terminates upon completion of theconversion of overhead facilities to underground.
(3) If the county or municipality arranges for the conversion of the service entranceequipment, all county, municipal, and public utility costs and expenses of the conversion,including the engineering, legal, advertising, and incidental expenses, shall be assessed againstthe property upon which the service entrance equipment was converted and become a lien uponthe property served.
Amended by Chapter 369, 2008 General Session