114 of 1970 - Amending Title 39, by adding Chapter 7, regarding 'Underground Conversion of Utilities'. VOTING Aye Nay Salt Lake City,Utah October 27 I97 0
Barker . . . .
Catmull . . . I move that the Ordinance be pa7ar /
Garn . . . .
Harrison >r
Mr. Chairman .
Result AN ORDINANCE
AN ORDINANCE AMENDING Title 39 of the Revised Ordinances of Salt
Lake City, Utah, 1965, relating to Special Taxes, by adding thereto a
new Chapter 7, relating to Underground Conversion of Utilities.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Title 39 of the Revised Ordinances of Salt Lake
City, Utah, 1965, relating to Special Taxes, be, and the same hereby
is, amended by adding thereto a new Chapter 7, relating to Underground
Conversion of Utilities, to read as follows:
CHAPTER 7
UNDERGROUND CONVERSION OF UTILITIES
Sections:
39-7-1. Short title of act.
39-7-2. Purpose of act.
39-7-3. Definitions.
39-7-4. Creation of special improvement districts
authorized.
39-7-5. Apportionment of costs--Assessment against
benefited property--Public lands not subject
to assessment.
39-7-6. Creation of improvement district--Petition by
property owners--Resolution of Commission--
Utilities to submit reports.
39-7-7. Reports of utilities--Recommendations--Estimate
of costs.
39-7-8. Approval of utilities' report by Commission--
Passage of resolutions--Contents.
39-7-9. Public hearing--Notice--Contents of.
39-7-10. Form of notice.
39-7-11. Public hearing--Notice--Publication.
39-7-12. Hearings--Representatives of utilities to be
present--Changes in proposal--Adoption or
abandonment of project.
39-7-13. Property owners failing to appear at hearings--
Waiver of rights.
39-7-14. Assessment list to be prepared.
39-7-15. Declaration of costs--Contents of resolution.
39-7-16. Board of equalization and review--Appointments--
Functions and authority.
39-7-17. Notice of Assessment--Publication.
39-7-18. Form of notice of special assessment.
39-7-19. Assessments--Hearings on--Corrections of--
Assessment not to exceed benefit.
39-7-20. Assessments--Resolution to adopt.
39-7-21. Assessments--Right to levy against property--
Due date--Notice--Payment in annual installments.
39-7-22. Assessments--Failure to pay installment--
Interest and penalties--Lien on property--
Sale of property--Disposition of proceeds--
Priority of liens.
:114
-2-
39-7-23. Assessments--Prepayment of unpaid installments.
39-7-24. Bonds--Issuance authorized--Amount--Interest--
Additional requirements.
39-7-25. Objection to amount of assessment--Civil action--
Litigation to question or attack proceedings
or legality of bonds.
39-7-26. Payment to utilities--Allowable costs.
39-7-27. Utilities responsible for work--May subcontract--
Title to converted facilities retained.
39-7-28. Underground conversion on land not within
easement--Objections by owner--Changes in
service entrance equipment.
39-7-29. Bill for conversion costs--Not to exceed
estimate--Payment within thirty days--
Accounting procedures.
39-7-30. Additional overhead facilities prohibited--
Exception.
39-7-31. Jurisdiction not conferred by act.
39-7-32. Commencement of conversion--When required.
Sec. 39-7-1. Short title of act. This act shall be known and
cited as the "Utah Underground Conversion of Utilities."
54-8-1, U.C.A. 1953.
Sec. 39-7-2. Purpose of act. The commission finds that in many
areas of the city it is in the public interest to convert existing
overhead electric and communication facilities to underground locations
through the creation of a special improvement district. The commission
hereby declares that a publicpurpose will be served by providing a pro-
cedure to accomplish such conversion and that it is in the public interest
to provide for such conversion by proceedings taken pursuant to this
chapter, if such areas be within the city.
54-8-2, U.C.A. 1953.
Sec. 39-7-3. 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, tele-
graph, 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 improve-
ments 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.
-3-
"Public utility" means any electric corporation or communi-
cations corporation that provides electric or communication
service to the general public by means of electric or communi-
cation facilities.
"Assessment" shall be construed to mean for the purpose of
taxation wherever appropriate.
"Commission" means the Board of Commissioners of Salt Lake
City.
54-8-3, U.C.A. 1953.
Sec. 39-7-4. Creation of special improvement districts
authorized. The commission is hereby authorized and empowered
to create special improvement districts under this chapter and
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.
54-8-4, U.C.A. 1953.
39-7-5. Apportionment of costs. Assessment against benefited
property--Public lands not subject to assessment. Whenever any
improvement authorized to be made by the commission by the terms
of this chapter is ordered, the commission shall provide for the
apportionment of the cost and expenses thereof as in their judg-
ment may be fair and equitable in consideration of the benefits
accruing to the abutting, adjoining, contiguous and adjacent lots
and land 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 bene-
fited 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, adver-
tising, 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. Real
property of public entities such as the federal government, state
of Utah or of Salt Lake County, 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 commission adopts
the resolution provided for in section 39-7-8, 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.
54-8-5, U.C.A. 1953.
Sec.
/39-7-6. Creation of improvement district--Petition by
property owners--Resolution of commission--Utilities to submit
reports. The commission 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 for-
mation of the special improvement district for the purposes set
out in this chapter will promote the public convenience,
-4-
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 corpora-
tion 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 commission and made avail-
able in the office of the city recorder to all owners of land
within the proposed improvement district. The resolution of
the commission shall require that the public utilities be pro-
vided 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 commis-
sion and the city recorder a joint report as to the results of
the study.
54-8-6, U.C.A. 1953.
Sec. 39-7-7. 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 corporation 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 immedi-
ately adjacent to the district. The commission shall give
careful consideration to the public utility corporations' recom-
mendations 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.
54-8-7, U.C.A. 1953.
Sec. 39-7-8. Approval of utilities' report by commission--
Passage of resolutions--Contents. On the filing with the city
recorder of the costs and feasibility report by the public
corporation(s), as hereinbefore provided and after considering
the same, the commission may, at any regular or special meeting,
pass a resolution declaring its intention to create a special
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 such improve-
ments are to be made, and upon lots and lands benefited by such
improvements and included in the improvement district created;
11.4
-5-
that it is the intention of the commission to make such improve-
ment which will promote the public welfare; and shall further
state the area and boundaries of the proposed improvement district,
the character of theproposed improvement, the estimated total
cost of the same, and the intention of the commission to hold
or cause to be held a public hearing on the proposed improvement.
54-8-8, U.C.A. 1953.
Sec. 39-7-9. Public hearing--Notice--Contents of. Follow-
ing the passage of the resolution in section 39-7-8, the commission
shall cause notice of a public hearing on the proposed improve-
ment to be given in the manner provided in section 39-7-10. Such
notice shall:
(1) Describe the boundaries or area of the district with
sufficient particularly 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 improve-
ment 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 commission 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.
(7) State where a copy of the resolution creating the dis-
trict will be available for inspection by any interested parties.
54-8-9, U.C.A. 1953.
Sec. 39-7-10. Form of notice of intention. The notice of
intention shall be substantially in the following form:
NOTICE OF INTENTION
NOTICE IS HEREBY GIVEN by the board of commissioners
of Salt Lake City, Utah, of the intention of said Board to
create a special improvement district, in order to make the
following described improvements, to-wit:
(Here 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.)
It is proposed to assess the real property in the district
to pay all or a designated portion of the costs of the improve-
ment according to the square footage of and the benefits to
'1_14
-6-
be derived by each tract, block, lot and parcel of land
within the district, said district situate at (here des-
cribe the boundaries or area of the district with suffi-
cient particularity to permit each owner of real property
therein to ascertain that his property lies within the
district.)
The estimated cost of such improvement shall be $
(cost to be determined from the cost and feasibility
report and including the contract price of the
improvement, cost of engineering and clerical service,
advertising, inspection, collection of assessments,
interest upon bonds, and for legal services for pre-
paration of proceedings and advising in regard thereto.)
The Board of Commissioners will hold a public hearing to
consider the proposed improvement district on the
day of , 19 , at o'clock,
_.M., in the City Commission Chambers, Room 301 City and
County Building, Salt Lake City, Utah. All protests or
objections to such special improvement or to the carrying
out of such intention will be heard at said time.
The resolution of the Board of Commissioners creating
said district is available for public inspection in the
office of the City Recorder.
By order of the Board of Commissioners of Salt Lake City,
Utah. '
DATED:
City Recorder
Sec. 39-7-11. Public hearing--Notice--Publication. Such
notice shall be published in full one time in a newspaper of
general circulation in the district 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 dis-
trict 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.
54-8-10, U.C.A., 1953.
-7-
•
39-7-12. 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 commission shall in open and public
session hear all objections to the creation of the proposed dis-
trict, 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 commission
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 commission 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 unlesa a costs and feasibility report has been prepared
on the basis of such changes. After such consideration and
determination, the commission 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.
54-8-11, U.C.A. 1953.
Sec. 39-7-13. 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
commission 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
39-7-17.
54-8-12, U.C.A. 1953.
Sec. 39-7-14. Assessment list to be prepared. After a
decision is taken by the commission 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.
54-8-13, U.C.A. 1953.
Sec. 39-7-15. Declaration of costs--Contents of resolution.
After the preparation of the proposed assessment list, the
commission 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 39-7-13.
54-8-14, U.C.A. 1953.
Sec. 39-7-16. Board of equalization and review--Appointment--
Functions and authority. Whenever the commission shall propose
14
-8-
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 commission under
sections 39-7-16 and 39-7-17 and shall have authority to make
corrections in the proposed assessments under the provisions
of section 39-7-17. After having concluded the public
hearings provided for in section 39-7-17, the board shall make
a report to the commission 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.
54-8-15, U.C.A. 1953.
Sec. 39-7-17. 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 improve-
ment 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 prop-
erty to be affected by such assessment. Each notice shall state
that at the specified time and place, the commission 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 ag nst 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 commission, 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 witb.
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.
54-8-16, U.C.A. 1953.
Sec. 39-7-18. Form for notice of special assessment. The
notice of special assessment shall be substantially in the
following form:
NOTICE OF SPECIAL ASSESSMENT
NOTICE IS HEREBY GIVEN that the Salt Lake City Board
of Commissioners will hold a public hearing on the
day of , 19 , at o'clock _.m.
in the Commission Chambers, 301 City and County Building,
Salt Lake City, Utah, to consider the proposed assessment
111
-9-
for (here give a brief description of the improvement)
situate at
(1) For mailed notice - 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 mailed.
(2) For published notice - notice shall describe the
boundaries of the area of the district with sufficient
particularity to permit each owner of real property therein
to ascertain his property lies within the district.
The owner of any property to be assessed may be heard
at the aforementioned place and time, on the question
of whether or not his property will be benefited by the
proposed improvement to the amount of the proposed assess-
ment against his property and whether the amount assessed
against his property constitutes more than his proper
proportionate share of the total costs of the improvement.
A copy of the resolution proposed to be adopted levying
the assessment is available for public inspection in the
office of the city recorder, and subject to such changes
and corrections as may be made by the commission, it is
proposed to adopt the resolution at the conclusion of
the hearing.
By order of the Board of Commissioners of Salt Lake
City, Utah.
DATED:
City Recorder
Sec. 39-7-19. Assessments--Hearings on--Corrections of--
Assessment not to exceed benefit. On the date and at the time
and place specified in the aforesaid notice, commission 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 commission shall consider the arguments
presented and shall make such corrections in the assessment list
114
-10-
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 correc-
tions have been made, the commission shall make a specific
finding that no proposed assessment on the corrected assess-
ment list exceeds the benefit to be derived from the improve-
ment 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.
54-8-17, U.C.A. 1953.
Sec. 39-7-20. Assessments--Resolution to adopt. After the
public hearing has been concluded and all corrections made to
the assessment list, and after receiving the report from the
board of equalization and review, the commission shall proceed
to adopt the assessment resolution.
54-8-18, U.C.A. 1953.
Sec. 39-7-21. Assessments--Right to levy against property--
Due date--Notice--Payment in annual installments. The commission
may levy the assessments under the assessment list in whole or
in part at any time after the adoption of the assessment resolu-
tion, 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 commission but not to exceed 7% per
annum. Notice shall be given in the same manner as in Section
39-7-16, 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 install-
ment 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.
54-8-19, U.C.A. 1953.
Sec. 39-7-22. Assessments--Failure to pay installment--
Interest and penalties--Lien on property--Sale of property--
Disposition of proceeds--Priority of liens. 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 commission 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 percent additional on unpaid principal and
interest as penalties and costs of collection. Special assess-
ments 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
-11-
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 remain-
ing 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 assess-
ments and shall be effective from and after the date upon which
the resolution levying the assessments is adopted.
54-8-20, U.C.A. 1953.
Sec. 39-7-23. Assessments--Prepayment of unpaid installment.
The commission 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 commission 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 assess-
ments 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.
54-8-21, U.C.A. 1953.
Sec. 39-7-24. Bonds--Issuance authorized--Amount--Interest--
Additional requirement. After the expiration of thirty days from
the date of the adoption of the resolution levying the assess-
ments, the commission 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 exceed-
ing 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 ninety days thereafter. The
bonds shall be of such form and denomination and shall be pay-
able in principal and interest at such times and place, and shall
be sold, authorized and issued in such manner, as the commission
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 commission 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 a member of the
commission designated by the commission and shall be countersigned
Ii
-12-
by the city recorder 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.
54-8-22, U.C.A., 1953.
Sec. 39-7-25. 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
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 39-7-18. 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 commission lacks juris-
diction to levy such tax.
For a period of twenty days after the Commission 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 commission, 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.
54-8-23, U.C.A. 1953.
Sec. 39-7-26. Payment to utilities--Allowable costs. In deter-
mining the conversion costs included in the costs and feasibility
report required by section 39-7-7, the public utility corporation
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 Com-
munications 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 com-
munication facilities, then the cost difference between the two.
(4) The cost of obtaining new easements when technical consi-
derations make it reasonably necessary to utilize easements for the
underground facilities different from those used for above ground
facilities, or where the pre-existing easements are insufficient
for the underground facilities.
114
-13-
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.
54-8-24, U.C.A., 1953.
Sec. 39-7-27. 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, improvements 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 under-
ground facilities.
54-8-25, U.C.A., 1953.
Sec. 39-7-28. 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 Commission 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 Commission 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.
54-8-26, U.C.A. 1953.
Sec. 39-7-29. 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 commission with its verified bill
for conversion costs as computed pursuant to Section 39-7-24 but
based upon the actual cost of constructing the underground facility
1_1 4
-14-
rather than the estimated cost of the facility. In no event shall
the bill for conversion cost presented by the public utility corpo-
ration 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 Commission 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.
54-8-27, U.C.A., 1953.
Sec. 39-7-30. Additional Overhead Facilities Prohibited--
Exception.--Once removed, no overhead electric or communication
facilities shall be installed within the boundary of an improvement
district for conversion of overhead electric and communication
facilities in nominal voltages of less than thirty-five thousand
volts.
54-8-28, U.C.A., 1953.
Sec. 39-7-31. Jurisdiction not Conferred by Act.--Nothing con-
tained in this chapter shall vest any jurisdiction over public
utilities in the Commission. The Public Service Commission of Utah
shall retain all jurisdiction now or hereafter conferred upon it by
law.
54-8-29, U.C.A., 1953.
Sec. 39-7-32. 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.
54-8-30, U.C.A., 1953.
SECTION 2. In the opinion of the Board of Commissioners of Salt
Lake City, it is necessary to the peace, health, safety and welfare
of the inhabitants of Salt Lake City that this Ordinance become
effective immediately.
SECTION 3. This Ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 27th day of October
100r
. :racken Lee, Mayor
ATTEEST: ON
City Reco r
(SEAL)
BILL NO. 114 of 1970 114
Published November 18, 1970
i
Affidav-it o
•
STATE 014 tJTAH,
• ;i ti,
County of Salt Lake
Betty Phelps
------------
AN ORDINANCE
AN ORDINANCE AMENDING Tole 4,..I the Revised erdi nonce::of
Salt Lake City,Ulan,1965,relating to Spttial-taxes,by idiny thereto
w o
Chapter 7, elating to Underground Conversion of Utilities I a nOe It ordained by the Ooard of Commissioners of Salt Lakes City,.'first duly chirp,ndepos'e.s and says that,he is legalc adver-
UIaSECTION 1.That Title 39 at the Revised Ordinances of Salt Lake cleric of the l)FSERE9 /VE0v'•g, a daily (except.Sunday)
.City,, Utah, 1965, relating to Special Taxes, be, and the hereby Y
mended by-ddinq the read
tie Chapter],Yemfing fie sUndereround paper printed xn the English language milt gen.e7-al cxr-
conversion of uiidries,to d follows: l 1 1
UNDERGROUND
ONVERSION OF UTILITIES Dori Lib 1'tti DL., alx
Sechmnad published in Salt Lake City, Salt f,a1e
39-7.1. Short tine of act. ty, in the.7tate of Utah.
39.72. Papp:,of act,
39./-3. Definitions.
thofled
39-7.5, Apporh000g special f cos'F.Assossmte districts
lnstaubenefited
propeion of land; ro gent+ In as amass. !'hat the legal notice of which a copy is attached hereto
s e
39-7.6. Creation a improvement mmiision-dlon by properly
f minorsoris. uuan of Commission-Utilities to sub-
n,nrrtso;. Ordinance reta1ilag t�-:, caaJ- tame w_____
39-]J. Reports f utilities-Recommendations-Estimate Of -- --
cos s.
39./.0. Approval of trinities' report by Commission-Passage
or reic hears g--Notice-Contents of 12 VO.._11L_1a�].970-•
39.1.9. Public hearing- t
39.7-10,Form of nodes.
•
39.7-11.Public hearing--Notice--Pvbllcatlon.
39-712.Hearingresent
Cnangoss in a proposal yes d tin or abaes to ndonment Of
prolcci. proposal-AdoP110n --------
39-7-13.Proper iy owners falling to appear Cl hearings--
Woivcr of ri3hts.
39.7.II.Declaration
II;t is be prepared.
39-7.16.Declaration e!costs-Contents or resolution. ------------------
J9-]16.ODour of equalization and review-Appointments-
'
Fotice ns and Assessment-Publication.
39-].11.Forme of notice
of nt-P01 assess.
39-7-19.Form of l,lics of^.Dec on assessment.
397-tv.not
exceed benefit.
1. on-Corrections of-Assessment --- -- -------_-- -
++o exceed bcnelll.
39.720,Assessments Resolution 10 adopt.
39G-21.Assessments--Rum to levy against property--Due d November In -. ----
ds-n-None-Payment In annual Installment,. adtlihhed •in sa newspaper on _ z
39.7.24'ns.-es;nests-Faunre to pay Installments-Interest and
penalties-Lien on property-Sale of properly-Oispos,-
non of proceeds-Prmriry f hens.
39az3.esessmenl; Prepaymam of 397-26.Bonds Il requirements.
eq it nentsri;ctl- Amovnl - Inleresi
-Additional re amount tot
39.7.25.Obie I' t assoprocee Civil action-
ofLitigationt rl nloroatlack proceedings or legality
39,7 26 Payment to utilities-Allowablecosts. \
39-7-20 Utilitiesresponsible 1work-May subcontract-Tirl: S
1 converted facilities ��� ��
39I20 Underground woe d not service
easement .. _ —-_-. ------ ,� "�'--- --`
equipment.a by a r--cnanges n olivine trarn<e 1,e al)tdeeltxsing Cleric
39.7-29. ll for conversion costs-Not to exceed estimate-
Payment
ayment wiin thirty days-Accounting Procedures.
39-110.Additional overhead facilltles prohibited-Exception,
39-7.31.Jurlsdicflon not conferred by act.
39-7-32.Commencement of conversion-When required.
c,39.7,1.Short tee of act.Thlt act shell be known and cited
a"Utah Underground Conversion or Utilities."
V C A,1953
Sec.39.7.2.Purpose of act.The cenmisslon ands that In man? l 20th 3 of
s of the con it Is In the public Interest o convert ergr end loco ,tL\_
----_---------------- des:
hnnd e ;etc a d communication mollies ee underground, ideation-
Monherely the snare of a sipspn public purposenf dll be s The dmmis.
slop hereby declares that li purpose will be served it s ry
'din: inirre e to accomplish ids f such conversion anCerinol n Is In ]) r o
the nub.01r,,,A?s+ to provide for such sn Co Proceedings
gs
taken pursuC t iFic gooier,II such areas n be with!,the city.
s0.9,-73 A,Definitions.
and
3 3010 yvariations
tl nsd thereof his cshallr,havee fothe followinds
g 9 •
/
C l I Jnobuf not transmission to
telephonellg telee 1 ��graph,messenger can,clock,police,note alarm and traffic co,eral.
Notary Public
My Cornlnission Expires
February 1.2, 1974
t :i
,rI`circuits or°the transmission of standard television orsrSelo signals, he preparation 1 the proposed~assessment list, the Colpmisssion T
11 "Electric Service" m n the distribution•of jlreleclly by anshall c Use to be Drcpar d for adoption at the hearing 1 Pyle}
electrical corporation for a heat,cooling, light or power provided to, I t' declaring the entiret f the IIMWSVE'I
"Convert' "conversion" meani the removal Of all or any meal inctuding the t If canstruction as determined from the Not i',
part 01 any kl t g overhead electric or nsmunicatiens facilities f- I. d rod... - coal d tl
and thereplacement tts of with underground electric orcommunca. i d costa thecost of thepubis tl of noticesanega11t or -
'on ciilconstructed at e set r different locaions. - to constructionr thei p oss''4S'�Ll�t r9��r ,
"E eottic or communication facllltles'means any works r Im• the elnanc rg theme.Such re lu,os:hall 5p.e ly hat II
Movements .d oruseful in providing eleclrie r,a m0AOnicatlon of the total osi Is payable alrom sources other thane he rs eh}
service,
Including, ut not limited t .poles,sgpPovts,lunnela,,,man- I assessmentsI II h corporatercthe r0 ss
• oles,vaults, c du zs, pipes, nduc'or5,goys, stubs,l'plat. provided f - 39713
Corms erOsinrms,braces,1 f - Insulators, louts,switches, 448,14;U.C.A.1953 "
11 capacitors, meters, communication treats,anppilances, attachments Sec.39-I1e 6 f alsation and review—Appointment—Sleek
t nd appurtenances."Electric i iliti hall t Include any facili-
tieslionsand aufnor ly.Wnenaver tin commissionshall propose to 1 v
Used or Intended to be.used for the transmission of,electric lion tax u,der ,y Womovevision of this chapter, I lraII pose tt
energyy oaf stay n I'velfapa I- 5 of inlrtY l ve hoed I1 pp t a board t equalizationq view which shell b
I 0 hear electnc r T nlcat lecllilles" y t I •
t Its' more of Its m U Thisboard shall perform fhle
Or unlealim facilities IOc I d:I hole or In pert ho,a the o f tl comm scion and - II lie J.14 0,0 39.7.17 alp a • '
1 surface of ire grpeend. n Its-iv t make c° -loos in the Dr° 1 assessWettt d
"Underground electric m located,
Inn fholetien -means:,eac- p°5C'
trio a ace of the
facilities located,In whole or.Dell,DNneath the pro',slops f section 3sectio Attar having n laded IM! 1,
the lace ut the ground. hearings Orovitletl for In section 39.7.17, the board shalt
"PUDIIc utiilty" means any electric corporation a nomm•Jn1• to Ilea cam �s Ion of y changes corrections
octant rporatlon that provides,ale<sot or munlcatlen s nice II nrs'M1e as e= ant II51 tog else! IIh Its thong that ea h,,pplI99,asnp
}o the general pubilc by means Ofelectrlc Or cOmmunlCaflon trolls- of proper^.:s,mist the Imprneent dlslricf 111 bo benellle+lwlhrl
Mos. - i t less than the ass smenf to be levied .gal a _u�YYww''�ixb
• "Assessment" shall be construed to mean for the purpose et p p ly
Walton wherever oP 0 tale. 3/-B IS V C A 193I
Commis Me Board a C s.of'Sell Lake S 39117.Notice of ssessment Publlcellow After Me D
City. 11 f theatoremid r s lellon,notice of hot ublichI ping biIs�MGM me
54eJ,U C A 1953. p'P ed essments shall be given Such s llgpg
S e.397<.Cr.,.01 pttfet Improv !nr dl frltl3 authorised.
tim0 In newspaper In which the first n 11ce of he',log We-
Th cal./fission hereby authorized a�sqp empowered t I Pedal Pvbllshcd 1 leas',hvOnfy days before the dale toed for then `I
1 p eM¢a districts under this chapterand wUhM.'ft-territorial d shall he yelled by crtlf Cd mall not ICsa than fo mri d r ('
-.11 It to the Uaie Ilxed for such hearing to a O wneY of r I p 1
T provide for the move ion Of eel g overhead'electric and whose a roparly w II be,assessed for part of the<sf of the Imp60
m Ica11o0 facilities to Undara round lo<tl rI and the cCns}ruelldn, met 1 he le[f known ddrass f sun own sing /
reconstruction r relocation f 0 other electric 9r comm./Walton purpose the names and eCtl,essOf Pp eating on the last p s, Ill
i III11ei which iy be Incidental thereto, Pursuant to the:rout eel Pr°Party a sec] enr Its a t!,c CO my herein 9 den!
Mons f this Maple- prooeriy is located.rn d shall,a crave e h nollce h II •.
.5 e-4,U.C.A.1953 dAssed to"Owner"and be o ilcd Addressed to the4e. i Jr
39-7.5, Apportionment of. costs, Assessment against benefited number of each piece of improved properly to be Affected bys.#.vl.
property—Pub,e lands not sbiect to s essme h Whenever sty Im- a secs nt,Each notice hall )ale that I the specified tam f�
pro e t aisOriied to bO made be the r coil on by the terms of place,the commission III hold a public hearted upon the tr0•,
this chapter Is Ordered,the commission hall provide for the epee, assessments and boll tote spat a y r 1 y pmpe 'ad
f- Il
element at the t and expenses thereof a In their lodgment may 5 the pursuant to ine s orlon rill nbe heard on the qU' I.
D:fa! and soulReDie la constoeretten of the benefits ru g• or se whether his properly Will be ban tiled a yt the proposed In1•
II
iha' butting,.edldtning,Conti c merit to the r f the Proposed si e r ga:nsl his t.•
Contiguous and ]and lots d land arid arty and whether the amount assessed galnst his property :1y$at
In the imtna l lands oche.Each
be and U it 0f the Rhin tell stliutes more Coon'his proper proportional share of the scrol<•*f - 11
Imp ¢ l diassess formed.Ea o lot xafoot 1 land Shell f the improvement.The notice shall luehe.r fate where a cdMPVR
De separatelyhe assessed for the r end s thereof in pro- the res Iution proposed to lie ado]ed levying Me assessments agplWper1
porllmi to the I bar a quire feet of suchlandsin end loll abutting, all real proper.in he district Ill on Me for nubile Inspeelbtf,
draining, district,as E aoiortio theretotthe a Include. in the sInv uch
provement district,and In DrmportloI to the or
derived to Suen and that place to such changes and corrections therein as msa�p
property by said
Id improvements.The entire cost a the Improvement made by'Meet
Isslon,It Is proposed',to adopt the solutiefall i'.
yy De assessed a zinc',the benefited proem.✓ s he.n provided he o 'u Ion of the hearing.A published Iotltn dhoti Cescrlbtllgpa iI
or If money for paying parr of such cost Is available from any
other boundaries a ca I the dlstrlct with svlllclent pa nlcularlry��2D
source,the money so available may be so applied and the remaining s"a Drp0erty Ihereiep 1, <sc.',loin ant tq
Cost So assessed against the benefited-property.The cost end expenses properly altos',In then district.The melted tice may refer t the
to be esses5ed as herein provided for Shall Milo.the contract price district b5 name and flute f creation and shall late the r 1
of hn provement 9lneoiIao't nel sess a services, advertising, of the es ess enr oroposetl to be levied against Me reel prim
cost Of Inspection, t f e 119o`is^rge assessments,and Interest upon of the person f0 ham the mice is moiled.
ands If Issued,and for of
services for preparing proee¢dinus and 54.844,V.C.A.1953. •
advising In regard thereto.Real proper t public entiVe9 such es Sec.]9-716, perm for notice of specie)assessment.The sg115e'.:
the federal government, tale of Utah f Salt Lake Co my shell of spee'el.ssessment shell bo substantially to the fc'keein9 WM/` '�
of be considered as lands or properly benefited by any Improvement NOTICE OF SPECIAL ASSESSMENT
'district and unless such public tity within the bounderlas of an NOTICE IS HEREBY GIVEN that the Sal,Luke City. •. JJ
Improvement district cons nfs in writing,filed before the commis- of Commissioners Will hold a public hearing on the- ti '
Sion adopts theh res Iution provided for In section 3397.S,the lands day of_ Y9
end property f such public entity shales f be su Iect to assess- lock In the CompressionChambers,3e1 City And
men,err the payment of any of the cost or expense of such lm- Building,Salt Lake City Utah,fo consider the proposed Y
prevcment. moot for (here.glee a brief description of the into!. �It
5/e 5,.C A.1953 situate at _ - • - '
Sec.39-]6.Creation of mmproy-me�it disuse—Petition bypprop T he (1) II d not', nollce y f r to the ell 1 �.
0.esotuf on of <omm,sslnn—Uf titles to submit pp Is The name and date ofcreation and shall slate the amount owners—Resolution
may upon petition signed bye two-thirds irds of theowners assessment oroposetl o be levied.elyd.sl the ree prop..
of thereal properly and the owners f 1 less than two-thirds In the person io whom Me notice Is '
',aloe of the I prtpenye n shown by the last assessment rolls,of oRV'eea published oboe—nttic° lAll describe the b ers¢�1�,�
any proposed district requesting the cr etlon of an Improvement die of the area a the district with 0,-elolent particularity top�nllfz :I
or special
as provided for in this chapter,pass a resolution of any regard', each ownerof root prOtserly therein Co certain his props ly ,;I
• special meeting declaring that if finds Met the improvement dip- lies within thedistrict.
- trier propped is In the public Interest.It must be determined that The owner of any properly to be assessed may be
the formation f the special improvement district for the uroses at the aforementioned place and time, r the question a W 1,4''
set cut in this of
s II promote the public convenience,necessity r not his properly v III be benefited byos the proposed I
and welfare.The reetelion t late that the costs And expenses memo to the amount of the proareed as; s ant age inns brit +: .i
will be Ivied and as sled upon the property benefitedend further oerty and whether the amount ssessed against his prone ,� ,
request that ch public utiity corporal on serving by athletes more than his proper proportionate share of the
Overhead electric o rasatation facilities shall,Within 120 days costs of the Improvement, } it
offer the receipt of the solution, make a study f the cast of A copy of the resolution proposed to be doptedoteE'y r;"
conversion f Its facilities tinsootearea to underground seMce.The assessment Is evallohie for public Inspect),"In ^e to
o
report of old study-hell be rovided to the commission and made city recorder,and•ubleet to such changes and for mil'
available In the office of the city recorder to all owners of land may be made by the commission,It Is proposed MT 0.s
Whhin the proposed Improvemenf district. The solution f the nos Iution at the conclusion of the hearing. E .. ':
m name^ hall require that the public utilities be provided h mBy order of the Board of CommISsloners of Salt -n'
tee nerve and address a ine owner of each parcel or lot within the @eh. ^'d`
proposed Improvement district,If known,and If not known the des. t,- DATED, �,or°V_�.,
.11
Mon public}uhe tility mcorporation and such n order tot perform the be
uInvolved d then Clty Recorder
the
of Oct study,or resolutiohllthhe further State the sire and z See. 29.7.19. Assessments N"arlrgs on- or ec n.c
p0eed eunverslos S rviso area men,not to exceed benefit.On the date and at',thet time ma
• Each pUbllc service corporation servings h Improvement district area specified In the efortsald malice,cnmm,sslon shall,In oGen •
by overhead electric or communications facilities shall,within 120 days session,hear all arguments relating to the benefits accrul li
after'ocelot of the resolution,make a study of the costs of conversion treat,block,lot or parcel of land therein and the annums pp pose'
f Its facilities In such district to undeegr and rvice,nod shall tW to be assessed against any such Wad,hick,lot en parcel.THa hha �I
yye:her provide toe commission end the ply recorders lonl report as Ing m y be edloumed from time to lime to a flied lulure time
TO Me results of the study, ppl ace.a After Me hearing has been onciuded a d all persoM dash-
Sgec..4]91I.AReports of utilities—Recommendations—Estimate of arguments ue heard have been heard, ae c Armen hall <oho dtasee
osts.The public utllil utilities report shah et forth estimate s Srmay
e00d hell must such nultabinons In 10a asses'
mnt slitmbe considered lust and 0000ee t.Such r Ito
Of the faun ',ground conversion
ion costs and staff also In utility the 0„ ni,on,ellmlnate, y Increase, r e y decrease the amount of
costs of underground and n er Ion of boundaries
of'he
of the public paelsI or mo t:reposed to ne levied d osse any piece Of property,
tthenVre receiving e000llce.The eepota shall a:soecontain theamobile aunty hem norined e 01 etay proposed as ssm nt shale be alid
it
corporations'yecommendotlons concerning the feasibility of the erolett the owner 1 the correctirlyons
is haven pre d ornrlssio 1 il
for the district proposed In so far as the physical characlerislles of oy'V,.After such has s have been mode, ee MU a!or s I
the district and the facilities of the public utilities within the dlsfrl.:t `e;'s-iPacific exceeds that ro benefit
to
assessment on the carp
a concerned.The report shall make recommendations bythe pub,', t PM f the bynolif d so 000soed from the Imp
tilityonrporetione c ce nirgg Inclusion OiOticn of reas WPM, of ,$) ,rly the Weelisted Property bear to oe then Ito proper'propnrtPo -
the district or Immediately dlaeem to the district.The commission on,,,..ki one cps,et mob Impswement,v a r ('
shall give careful rconsideration to the public ulillty eorperratiers're ',3.17,V C.A.1953, P
thmerdations concerning feasibility, cognizing their partite in - .39-7.20. Assessments--Resolution to adopt. After the pub'
is area, d may emend the boundaries of the proposed improve hearing has been concluded d ell corrections made to the s
mini dlstrlct Provided that the costs end teeslbllily report f the mart lot,and after receiving the report from the beard of equalValt
public utilities contain a cost figure on the districtas amended, r and review,the commission shell proceed to adopt the assessm
t ay re000tt re cost,and IeasibllIty report rom te public resolution.
utilities concerned n the basis f the mended dlsorlct. The cost e5d-8-18,U[,A.1953.
estimate contained In the report shall pot be considered binding n Sac. 39.7.21, Asseaemenne—Right to levy against pmopertV—Due II
the utilities If construction Is not commenced within Ix months of the dote—Notice-Payment In annual Installments.the commission may I.
s bmissien f the estimate for reasons of within the control of the levy the assessments Under the a s sment list In whcie or in part
utility.Should such delay resut ne significant Increase of the con- of y time alter the adoption of the assessment resolution.for If
version is,newhearings hall bet held on the creation a the dip t levied whole,any partial levies Shall be ode on the Oasis
led.In the Vent that only a Minor Increase results,only Me hearing not
competed Improvement9 and the property benefited thereby. I'
an the assessments need be held again. e amount f the assessment wilt become tie and collectible t
Ss-8.7,U.C.A.1953. I od'.ately pan the levying of the assessment and If t Is no,paid
Sec.39-7.8. Approval of utilities'report by memmlesion—passage ithin thirty days from the date a such levy It shall,at the expire-
/of resolutions—Contents.0n the filing with the city recorder of the costs Ilion f such thirty delis.commence to bear Interestat rate ixd
and feasibility
renr netts by the public co.panatlenlsf,as horelnbefote pro- by the commission but net to exceed 7`3 per um. otice shall be
vidregular or spade,meows.pass a reeowh same,the on declaring on its mientien 9iVe'"0 ore anme ma woo. Cher dat who,section
vild and
ins
k
r
pap
f
I'
I
•
I'
to-cr to a special Improvement district•The r lotion shah elate •"amount 'so h Infer'est,--end the period of years over which in late- —
tPhaf the costs d •PxpenSes •f the district created are,except as ant aYmenis ay be mad¢. I!not pOldl one c the thirty days
otherwise provided for,to be of
d sSessed upon eeablltt me, allowed, If will be presumed that each exercises the ayt
edit/Ming,and adjacent lets OR land along all open such Improve- and option to pay the amount due In equal nnualx enilmenls bear-
n1s a} es the, nit Upon lettmp and lands bentrio created)
by h Inn Interest t the rate specified In the nueee and In thenp over
It is eorems d e Made,
co n n the Improvement tit district Improvement
such
the period of years not exceeding twenty 0 edted notice.
It is the Intention of the car asslen to make such ter state the
which The first Installment shellxcbeccme o on year Irons the date
will promote the public welfare, and im further stale tha a he:slag lerect o minced end one Installment hall become due e 1 nit a pespces 1 the proposed a sttmme'd dlarrly5 the earaClei we
day of the same month a nu Ile thereafter,Any ass s menf e the proposed Ol at tvementntlM1P Ito era tonal MSf f the s
antl the ar,o h the cam Isslen ve mend or cave}o De helgsa• met be provided
a s n I lest Srthe'dale assessment,
nc including
public Ilea rim the proposed Improvement. penaltyeainteresyt,
Ibe total balance f the ss 1, Including
I Sep.s U.C.A ubtt accrued Interest, Is and penalties, be paid.
Sec.39J•9. Public Bearing—Notice—Cnfenh f,Fallowlno the 3b8.19,U.C.A,195J.
assage of the licolulln in Section 39.7.3,the commission shall use Sec. 39J-13. Asse55men}5—FellSal to pay Installment—Interest
notice of a public hearing n the proposed Improvement 10 be given end penalties—Lien On properly—Sale of properly—DiarMillon f n
o In the manner provided In-SectIon 39.7.10,Such notice shell: proceeds—Priority of liens. The failure to pay any Installment and I
(I)Describe the boundaries or area of the district with uflfclent e Y srenrese thereon when due smell Ipec facto cease all other In-
parlichot his fo permit each n ole real properly therein to asset, fall comm dish teresf thereon to become due nd payable and
tale that p Party Iles In owner of
ih0 c mmisslon shell, ithln thirty days from the date of such de-
w )21 Describe Ina general way the proposes Impprovement,speelfm fault,proceed against the property for the collection f the total
• lag the streets or properly along whlct It will made end the nature amount due thereon,Including interest plus ten percent additional on
C (3)Stale the estimated cast as dnfermin^d from the costs andof the benefits to the properly within the district; Unpaid princlpl and Iniere5t as penalties end costs of collection.
SpecialAssessments levied hereunder shell rank onequal) with
• feasibility report and oenludina he contract price of he Improvement taxes levied agalnng the properly assessed by the Stale,the county
f` and5 the i f engineering d clerical service,adverfntlng,ins ea. nit aft other taxing other
el s,end ho sale on proper) for the.n •
lion,collection of assessments,,interest,upon Bonds,if issued,end for payment f taxes othher spool&q ass menu shall extinguish the
1.4 legal services for preparng proceedings and advistnp in regard payment
other than the taxes or sOechil assessments for the aea-
there}0; moot of v,hich such sale Is had.The proceeds of the sale of ant"
,.
11111 (d)State that It Is proposed to assess the real roperlynIn the Prop lY for nonpament of Special assessments hall be applied In
district to pay all a deslgnatetl portion of the cost of the prove the discharge of such assessments, the S Interest thereon cost and
ens according o the square footage of and the benefits to be derived penalties. If there re OUnoexe,ln99 one specie)o Improvement bends I({
by each tract,bl eck,lot and parcel f land within the district; Issued pursuant to the improvement n question,proceeds of the le
' (5)State the time and place at which the commission will conduct o1 any properly for nonpayment of anyny special assessments shad
libb a pantie hearing upon, the proposed improvement and On the question after the spayment therefrom f the costs I collection be applied
1* at benefits to be derived by the reel Properly In the district. to the costs of redemption prior to maturity f as many f the
(6)Stale that all Interested persons will be heard and that any utstandlp spatial Improvement bonds as a be tried with the
property owner 'II be heard o Me question of Whether his Property amount available. Any surplus remaining alter the payment f
WIII be WI by the proposed improvement• amounts due shall bn Saltl r 10 the owner f the properly sold.
(77 State where a opy f the Interested
creating the disinter will The lien of special assessments levied hereunder hall be superior '�
be evallable for Inspection by any Interested parties. to all other pens g'nsf the roperly assessed except that hall be
$ 3U.C.A.-195]. n a paritye with the lien of ad valorem taxes end a lien 51 other
See.3967.1a. Form f notice of intention.The notice of Intention special s moments and shall be fa assessments
from and tier the otlete
11
Shall M substantially In the following form: upon which the resolution levying rho assessments IS adapted.
NOTICE OF INTENTION Sec.
S,U.C.A 1953. ii
I,�
NOTICE IS HEREBY GIVEN by the board i eommisSa ape of Sec.39.7.23.AIn tyeents—Prepayment of Unppald In/lellmenr.The
• Salt Lake City,Ulah,W the thiamin ea said Board to create a Pedal mmisslon l In the res Ieeec levying the sess emu provide •
improvement district,In order to make the follewiny described ma- that all Unpaid Ins}atimentsof assessments IeSded gains)any piece of 11
DrovIHene ,sesb: properly may(but only In heir ntlpn/r be paid prior Cu the datesIn.
(Here describe In general way the proposed improvement, which theybecome allinterest
due If the properly w thereon
to h In-
specllyln the streets or p,opert along which It will be made S1a1!meni5 pays interest which would accrueenthereon to the next
Ji
d the nature Of the benefits to the properly Within the ells. succeeding date on him Interest Is pat dole n the bonds Issued In
and
snoops Ilan et the collection Of the s ssmenls,together with such
It is proposed to assess the real properly in the district to pat additional mount of Interest In the oinion of the commis/son Is
all r a designated portion Of the costs of the improvement according re to assure the availability of money fully Sufficient to ay it
10 the square footage of end the benefits to be derived by eachetract, interest sf n the<bonds as Interest becomes due and any a to rent cc
block,lot and parcel of land within the district, id distric Situate Premiums which may become payable the bonds In order to Ire I
411, I here describe the boundaries or area of the district with Sufl iclent in advance f maturity bonds inSufficient amount to tt,l'r°Me i
en
5a1hltrlty to permit eachown,of Mal properly therein to esterassessments thus paid in advance.af no bonds have been issued then
fain that his properly Iles within he district.) all unpaidInstallments of assessments levied against any piece of
�- The estimated cost cl such improvement shall be S Properly may be paid in their entirety prtor to the ,:ale stone
(cost to be determined from the cost and feasibility report and which they become due by paying the principal amount due and
1(1including the contract pric of the Improvement,cost of a ai- the interest accreted thereon t0 the date of payment
OC, mering and clerical service,advertising,inspection,,Collection 5am. s U.0 A.1953,
ssy sine ins,Interet upon onds, d for legal services for Sec. 39.-3A. Bonds—Issuance a ihorlted—Ameuni—Interest—Adel-
p parafion f proceedings and advising i regard thereto.) Nona1 requirement.After the expiration or assessments,
days from the data
The Board of Commissioners will hold a public hearing to consider of the aoption of the resolution levying the a enis,the corn.
UE the Propaosed Improvement district on the .. day ef. , Mission may issue negotiable Interest-bearing bonds In a rincipal 'I
79 t..-- clack,- M.,in the City Commission Chain• o ofexceeding the unpaid balance I the assessmentslevied.
tB bets,Room 3a1,City and County Building,Salt Lake City,Utah.All The bends Shall bear Interest at not exceeding 7te per n m,pae-
protesh Sr Objections t0 such special Improvement or to the carrying able semiannually exceeding
orannually, and shell mature serially over I�
pu of of such intention will be heard at said time, period not exceedingtwenty years,but Inn event shall such"bonds
The resolutionf the Board of Commissioners stingp 'd district tend over e longer period Of time thn the peeled of time 0
1q1 Is available ende ter public Inspection in the office 1 the[By Recorder, hick such Installments of special assessments a due e d Pay.
E By order of the Board of Commiss!one5 of Salt Lake City,Utah. bra d ninety days thereafter. The bonds shall be of such teem
fl DATED t and such times lnation and piece,dandell shall bee payable
outhoriledpacd Issued interest
such ',
Cffy Recorder manner, as IncI commission may determine. The bonds shall be
Sec.39-7-11. Public hearing—Notice—Publication.Sash notice shall dated no earlier than the date on which the special assessment shall
be published In lull one lime In a wspaper i general circulation begin to bear Interest,and shall be secured by and payable from the
Ka' n the district and Cr posting In not,less than three public places in Irrevocable pledge and dedication of e funds derived from the itvy
such district.A coy of such notice shell be mailed V certified mall andv canecllon of the special essmenfs In anticipation f the col- I'
to tire last known address each o of tend within the proposed section f Which they are Issued Any Oremlum to v d en the sale Of j
a district haze properly will assessed owner
for the cost f the improve- the bonds may be applied as other bond proceeds or if rot so applied •
s
meet.The address ra be Used for said purpose hall be that lest the s e shall be placed In Ina and for the payment f principal jl
appearing Oh the real properly ass menf rolls of the v IY where- f and Interest on the bonds.The bands shall be callable forred mo- it
ell in said properly Is located. In addition,a COPYn f Such notice shall ton from the,proceeds of any property Sold for the nonpayment of
' be addressed to"Owner' shall be so mailed addressed to the special ansena far but
not
ethprioce t unlesniutit bars ton he the tale
street number of each proved property to be affected by s e y, and
commis-
.,es-ssmeih ailed en:i e-,and .he bhoned nonce hall iTe slop may provide,her the bands shell be redeemable er anal in- le
where
Ins copy f the r soiution Db ting the district will be available r¢rest payment date or dates prior to maturity pursuant to such Tice
pection CY any Interested rtles. and f such premiums asit deems advisable. The bonds shall be
5d4-10,U.C.A.,1953. stoned by member of the commission designated Sc the commis.
Changes ZIn proposal—Adoption fdtivebardonmt1ent St pr ittlea to °ect.On nthhee slon uch signatures natd ures all Ua c be f afacelmiacel l¢signatu the re.Interestrecorder
and one of
ovi-
date and at the time antl place specified I the aforesaid notice,the deuced nby Interests coupons attached to such bonds and signed byyl
+ missiee shall open d psvbiic session hear all bleedens to facsimile slpnalure I one of the Individuals wile signed the bond.
the creation of the prtpcond district, he making tit the proposed 54tOO U.C,A.195J. '
Improvemenl5.a e the banality ac•ulnp}o ny trees.block,lot or Sec. 39-7-95. Oblecllcn to mount f assessment—Civil a tion-_ '
parcel of land therein. Representatives of the public utilities con- Litigation to question or attack proceedings or legality of bonds. Ali'
D pi tied hall be present at 11ouch hearings.Soon heerinos ay be No pecl0l e m t evied under this chapter hall be dec'ared
ahburned Irom time to Ime in a fixed future time en °lada. If cold,nor spa it Pany such dos nSmOo+Or port ihereot be er a de in
eta t any}Ime during the neaelose,it shalt appear to the se Isslen cense50g c of any erroror this chapter,
permitted er pfenetnn In �I
etal Chanel In fho proposed Improvements the proposed utilities any Of Me by any
sunder this chater,but any Panto feeling am
'DU aLL 1 shell be made, which, after a stltanlenn with the public ditties grieved by nyc such se special assessmentor proceeding may brine •
t[gS' concerned,aPOear to Ilea liner the co 1 orfeesiDlllty at rho Im. civil merlon to cause such gtltvanco to he adludlcnlol I h colon
➢rovemente,the nearing shell be edlourned to a fixed future time is eed prior to the expiration f the period specified in this
pap: nit place end a new o Is antl feasibility report prepared on the "cilonmThe purdah Pr p +ta show that spacial s sine+or part
be5i1 ee the a hearing ahanges. µhereof is Invalid, In. undos tigatio shall r She r Iae Par o
�I.l[Un Alter the hearing has been co eluded and after all onnalyns Wm brings h It.Any such litigation pen Fall not be steed as
tlesiring to be heard have been heard,the commission shall consider n Mal Within suit.
0anlnn Of the prohibition contained in section
aq� to a sun,' d put fo.-II d man ma.O om^h=naes le the urea 39-J-IB.Every person hose prrPerfy is Uhlecf to Suen special asses,
•
BRD to be r included In the district as itmay c nmlder desirable orn s moat and who falls to appear during the public hearings en said
dry. However,n such Changes shal!be om de unless a co tseend ants to raise his oblection to such lax shall bn deemed to
auuu feastbilluy report has been eprepared n Ill^basis.et such changes. pav waived all ablecltons to such levy except the obleclion that the I�
After such consideration and determination, the commission shall commission^m lacks IUrlsdnctlon to levy such tax.
in•tie^ICY p-'Prole%C'a gr garage of twenty days Doer the tom ss'pn has adopted
1 LLnep trminl nge fo pen wi/wltn the l dlstrlcl end Protect. Iniae as described roe enhnl 1 authorizing the rrtSsosv e h a y taxpayer In the 5-
n the ,ice wl In changes made as above aulhgrlxed, questioning
have the gight proceedings ein oursvaet for She throw IPf
!OQ L se 811,7-C A ape f '0 it kl g tl a u1mltoa provisions
to which p c ne I"
S 3➢713.Pr
operly- falling toappearh e hearings—Waiver houe dnrlse n Cl ,h tl sub.,to the riz ing iths f the a of ng
N Sfq 1 E a 1 pro-,,, ,Sol 1 '.tl Ie 1/h. enactment authorizing the issue nee of ed
f ill dirt f, a h t'.1 1 p b 1 tit':
h ml the b a p f f h I pro,,"ant c am,ron, spa have been
ny
do1LL h g tl k o o t i h 1 th c ! f his d s<h t Stroll b^hearing
lee.,tl n n wnrpod In
LLEgj distr.',the making I Ill Improvements and the inclusion Of his a in sr' 1 of pers vas published. tPer han
periodvbeen
I p ape ly the district.shall bedeemed t h ¢waived every 1 V days 1 I er ncrwhose❑ehall h spa ti have to
fO.• o a -..n,his Whit`• d id y-y r In Incfa f district shalt have the right to
tobl + in t f h assessment oaf ill pearl li t Which I f s t c r 1' t D- f expiration
o Or +t+IWeel, Ihe
t� p Ise' d S tl 39717 I Illy I l bond off rhoIrate, of such tweet today
Se. 3-7C. 19 n 1 ll .:, had b5 Ill commission,the bonds
5 3971 Assessment t o i b prepared. A91< tl n d II I en t from sole
1' I t k n by to 1 A with 1 tl tic d - l e b d.a i n nil d ii b I f r bi- d no If
a- h II a r b p ➢ d r II t it t,.n a th t'al r I ll� h f y b ire In u s
t• Ld nd1 end a , shell nave the authority en Innuire into such
''I
ame558.13,U.C.A,1953.mset on each place of SD'npnr'V- ma Ihr A.1951.
__ Sec. 39.7-15. DeClaralian of casts— .,Contents of reo Shen. AberI Sec.J9-7•96.Payment to utilities—Allowable costs.In determining
3AoN
I
• •
.
)
EI
cost
s Included in the c and feasibility report r
the
conversion
s oats 39d-P, the cubit„them Corporation coon s e
titled to amognrs reflected by ienl uniform foray them for of a ants app a
be
�t.Yne[Public ServiceCommiss,e Federal Comnunicntlons aCamm1mm,,,
Or Federal Power Commission:
(1)The ceMnal costs less depreciation taken of the existing over.'
3rcad a and communication facilities to be removed.
Ili 12)Thesestimatedmcn Is o removing such overhead electric and',
e mmuritcalion facilities,s less the salvage valuer of the facinties rA1
] (3)df the estimated cost of constructing unee grouts lacnities
ecdS the original cost of existing
n verhead e ectric and common,'
II•Ca lon fealties,Cos, men foe cost s6Nerc a,between the ttwo.om ni
fl q9.1 11n,The cost of obtaining new easements when technical con idera-1
aero make facillfesodfferent<necessary
uusled forsabovetsgrounthe
tacit,
ties, or where the pre-existing easement Insu Hic'.ent for the
Underground facilities,
However, in the event the a costs are Included In
Service
r regulations filed with or Promulgated by the Public
Service Commission,such conversion costs shall be the costs Included
Inllh<IcA t and feasibility.report.
34.11-14,U.C.A,1953.
Sec, 39.7.17. Utllil:es responsible for'work—May sutxonlract—
Tltle to converted facl111les reiarn.. The utility concerned shall be
responsible to:the accomplishment of all construction workand may
contract oil such of the construction work it deems desirable.)
r�l}te 11 hc¢con we led facIlit'es,fshall be al all times Solely and •
-
�I'pl.,
ll@;v)!I ested In the public utility Corporations involved. The
pv l y, improvements district,o,the public gene-ally will not
*ewrl-dhesaacillt.'at a y time ono 1h<pVblic is ourcnasinq omr the
!i /ryprraahh ff44,11➢tllpf Mnenis whim me rs and Pent y t f sure
1 r me overneaa iaduties aae[�reomcam<m by'underground
n}�ps�
�r SI I14�sS5ALgT��s-f ee nder
953.
I'IrPM1te%bledtbn b 000ner�Chan B[sr inn onl a Entrenco Eglui Ease
Y $er xmens,
—The public woer utility rvs performing under the c shall,n at the expensei
,;,serrvic,pnape0 es loco underground conversion
and communication
the
e facilities ds located upon any n e electric
Of land wilhb t
service
lddistrict and not within the easement for trench distribution.
„e1t•Inarrel the digging one the backe050 to 0 a trench upon
parcel unless % w Shall a ecufe a wriNen ole<t:on
'rmleetb n(1 foe she s with trot a not later roan she mission
"gnat 5 far.hearing oblo Ills tp rheolmrr oblmenf Shellct s ken
low, Failure so file sings rirfen OblecllOn hell be taken
aq a,;pµ,1 end pre nt Ofease Inc NIN end shell be c
I�}}gy1yVEGresho'live officers,
ep to en u`Ide v e t enter
pp.
end
lhbir re pecrivf nC rs, rnno e.cod employees to enter uppoonrI sucn
:,-lrI F-Darcol for sit salon e.ne r .n u e to Mad,any
f➢tryhpe/ test o oblectl on In ereof of rheaeeeens enr sh k
^gnde de t dim!On„Mr fne[ is !perewf It sa ld as es enr hall en
L1ANV•If n does fll a such written oIs anon. he spell then
i-^-%bE lr4 kle col for providing a e n which Is in ccordance with
y ;'tfe I(xl�Oo rules, gulations r tarifh 5rom the o 's ervite n
tC FS,a'1 P point desiggn led by ief the u dergr and<ser back a the
.I(I.._'Ittf fleet,following Insfahatlon of the undergrountl service by the
'V 11).c henvolsts vetl.o!
Irlo „Included-InY theorke s done oeolrefy ttone be public
l viled Ulronn corporation
dkel Ione Improvement
t not
strict than horded by laws Should
ins bleclions to
:•� nthed Ibep C e district as provided by law.Sh byla such an oblec-
'ttpd b+',illed.n the owner involved shall he billed by the public utility
�'•ri 9^ .for ucs rk a It a„c<mpllshes upon the o nets property.
%,;t,• o per hall,al his expense,make all necessary changes In
service trance equipment 10 accept Underground services.
yo.O C-C A.1953
K ) rs J9 ith 9111 for Ca^version Costs Not t^rE:s t/ Esflmate—
Pes, a Wllnn Th1olon!y ntem at d this
Proapter,t Vp c0 porn
r'ti dr,h conversion rt Oho led by lhls hptIts the public rll'or
ova ll host sr as yory teewith Section
Ilea bill for
computed I to underground
nd 1 a bit, other
G dt)t e airslon ctual door tconstructing to antl events facility the Thor
h in {roiled sent of e facility.public
In a event shall the bill
..,4,01Plop'cos presented n the Dublstutility !pubic exceed
PRs.ipount r estimated a costs s me s,public nf e
, ea(e(ign. In the even) the conversion is re less then the fit
- ats fee ors ion net,epcn owner Within the Improvement dlslrn'
het �se het benefit,on may
et ru n farm d of u<n uime
}Imes dos the co bits n ay thin Ilne, The bill of the public
Ill�sty of byelon shalt be paid Ifhin thirty days by the ey ping
c``hhcuaao�yqA,,i�rrons st<Ring thmunr rgroun f facility,
the public
the eshelf
�1 us Its cmn er flag the underground s,clllty,the public utility snail
�s�lls slnnaas a ro Ming he Fedorelsuch as ine Vnllorm Sissem
Fed a Powertl by the or and as Is inniuseioas Commission
,the'Federal Power Commission and Is in use at the lime of
ii id)V)iaCpnverslen by the public utility Involved.
�vlee.oa U.C.A.195].
- See:removed,
Addlil overhead eadrheadelec Fac ar o Pro nicatior faeplties
i0 ce r moved raboundary
or n Improve on facilities
ehal0boo Instelled of within te bor^aarn of an Improvement district
ru^rvinel vrltag of vesse'th electric fhlfi d communication fecllifles In
amihal voltages !less than ihlriv=live thousand volt,.
Sa-0.2e.U.31.195J.
Il13dC. Jthis chaptJuriser
shall N01 Conferred by Act public
nit
!'Mnrho•Jc this charley shall vest any l e Cosrr n sover'or Utah
"utilities
the commission. The Public Service nferred ton I b t shall
13()�ig�;M li Iurtsalclion now or hereafter conferred upon oil by few.
a5k•b'-19,U..A.195], o
03-P.31. Commencement of Conversion—When Required.—If
,...,_tA_Improvement`district Is establishes ant to this chapter,the
„mope Vlline o Doralions involved shall notbe required to corn
,n,,tlib14Sd oft bondson havetil beconmeof'idnlala attl the
IViI acilont host beetl fit l
I/,[lull ion has been filet,until the decision f the court Upon
-flw-Teflon Icecs become final a Is not subleof to forrther apoeal.
34-8-30,VC A.1953.
i-I SECTION 2. In the opinion of the Board of Commissioners of Salt
iLek Ctty,in k s ry fo ine peace, healt,safety end welfare of
t tt��1p@la etank oft Salt Lake Clty mat this Ortllnance become effecflvC
(Y bbtf'ION 3. This Ordinance shall take effect upon Its first pub.
illestlpon9+e,
'i 1,191ftH by the Baird of Commissioners of Salt Lake City,Utah,this
-.2nh da910,00oher,1970.
'ale 311, J.BRACKEN LEE,Mayor
RAN0r.
f EYi Ad)CcrHOGENSEN,
/�EppLI�i�
BILC•'ned November
OF eWO
r
' PubR3hed Novanber 18,1970 t4.4)