2006 Utah Code - 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 utility is available to all or part of an improvement district area, the governing body of the county or municipality that created the district shall mail a notice to each owner of real property served from existing overhead facilities stating that:
     (i) service from the underground facilities is available; and
     (ii) each owner shall perform the necessary construction to convert the owner's existing overhead electric and communications to underground from the utility-provided service point to the service point on the owner's property.
     (b) Each owner that converts overhead facilities to underground facilities shall comply with all applicable state and local laws, ordinances, rules, and regulations, and with all tariffs of the applicable utility.
     (2) (a) Failure to convert the overhead facilities to underground facilities within 60 days after the date of mailing the notice shall be considered as a consent to and grant of a construction easement to the county or municipality and as express authority to the county or municipality and its officers, agents, and employees to enter upon the lot or parcel for the purpose of making the conversion.
     (b) A construction easement under Subsection (2)(a) terminates upon completion of the conversion of overhead facilities to underground.
     (3) If the county or municipality converts the overhead facilities to underground facilities, all costs and expenses of the conversion, including the engineering, legal, advertising, and incidental expenses, shall be assessed against the property benefitted and become a lien upon the property.
     (4) The owner shall, at the owner's expense, make all necessary changes in the service entrance equipment to accept underground service.

Amended by Chapter 129, 2006 General Session