(a)The public utility performing the conversion shall, at
the expense of the property 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, sometimes referred to as
"service drops" or "drop wires." This shall include the digging
and backfilling of a trench upon the lot or parcel unless the
owner executes and files a written objection with the clerk of
the governing body not later than the date set for hearing
objections to the improvement district assessment as provided by
law. Failure to file the 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 and
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(a) The public utility performing the conversion shall, at
the expense of the property 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, sometimes referred to as
"service drops" or "drop wires." This shall include the digging
and backfilling of a trench upon the lot or parcel unless the
owner executes and files a written objection with the clerk of
the governing body not later than the date set for hearing
objections to the improvement district assessment as provided by
law. Failure to file the 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 and their
respective officers, agents and employees to enter upon the 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 shall be waived. If an owner does file the written
objection, he shall be responsible for providing a trench in
accordance with applicable rules, regulations or tariffs from
the owner's service entrance to a point designated by the public
utility and for backfilling the trench following installation of
the underground service by the public utility involved.
(b) If conversion costs for the service facilities located
upon any lot or parcel of land and not within the easement for
distribution are included in tariffs, rules or regulations filed
with or promulgated by the public service commission, the
conversion costs shall be the costs included in the costs and
feasibility report, and the property owner shall be obligated
for that amount.
(c) In any event the cost of any work done by the public
utility shall be included in the assessment to be levied upon
the lot or parcel. If a written objection is filed as above
provided, the owner involved is obligated for and the public
utility involved is entitled to payment for the actual cost for
the work accomplished upon the owner's property by the public
utility.
(d) The owner shall, at his expense, make all necessary
changes in the service entrance equipment to accept underground
service.