§ 5-3-22. Designation of underground districts by ordinance—procedure generally.

(a)

The council may, from time to time, call public hearings to designate underground districts in which overhead customer utility services and overhead main lines and pipes should be removed and installed underground.

(b)

Prior to any public hearing the city manager shall prepare a report which shall be presented and considered at the public hearing. In preparing any report the city manager shall consult with affected public service companies and city departments. The report shall include:

(1)

the extent of participation by the public service companies, the owner of the affected property and the city;

(2)

the total estimated cost; and

(3)

the estimated time required to complete the removal and underground installation.

(c)

The city manager also shall suggest one (1) or more suitable underground districts.

(d)

Subsequent to any public hearing the council may, by ordinance, designate one (1) or more underground districts and order overhead customer utility services and overhead main lines and pipes within the district removed and installed underground. The ordinance shall include a description of the area comprising the underground district and shall fix the time within which the removal and underground installation shall be accomplished and affected property must be ready to receive underground service. A reasonable time shall be allowed for the removal and installation, having due regard for the availability of labor, materials, equipment, costs and disruption within the underground district. (Code 1963, Sec. 39A-8)